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Judge Finds NPE’s Last-minute Dismissal Before an Alice Hearing Does Not Constitute Bad Faith
Last week, District Judge Susan Illston declined Amazon’s request for attorney fees from SmartData, S.A., ruling that the NPE had not acted in bad faith when it dismissed its infringement suit just minutes before a hearing on whether the patent-in-suit (7,158,757) was invalid under Alice (3:15-cv-01282).
November 20, 2015
SmartData Campaign Inches Along at Rate of One Suit per Year
SmartData’s campaign continues its slow growth with a suit against Amazon. The suit accused Amazon’s Fire TV service and Fire TV Stick streaming device of infringing a single patent that names Smartdata cofounder Jean Pierre Buttet as its sole inventor (7,158,757). The asserted patent concerns a modular computer with physically separate elements. The claims also include the limitation of a “pocket sized” central unit. Media streaming devices have been the target of SmartData’s campaign since it began in 2012. The other defendants are Apple, Netgear, and Roku. All three were dismissed from litigation within a year of filing.
March 24, 2015