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Idaho’s Bad-Faith Assertion Statute Not Federally Preempted, State Argues in Longhorn IP Suit
Patent Litigation Feature
This summer saw the escalation of a long-running fight between Longhorn IP LLC and Micron, with the latter’s July suit accusing the monetization firm of violating a largely untested Idaho law barring bad-faith patent assertion—seeking both damages from Longhorn IP and asking the court to impose a $15M bond against it. Now, as the defendant pushes forward on a motion to dismiss arguing that the law is unconstitutional, the state of Idaho has intervened in the statute’s defense, arguing that the law is narrowly tailored enough to avoid preemption by federal patent law.
September 29, 2022
Longhorn IP Fights Possible $15M Bond Under Idaho Patent Assertion Law as Court Denies Stay
Patent Litigation Feature
The long-running battle between Micron and Longhorn IP LLC has taken a new turn with the semiconductor company’s suit invoking a largely untested Idaho state law barring “bad faith assertion[s] of patent infringement”. That 2014 statute, in part, allows a court to require the patent owner making such an “assertion” to pay a bond that equals the accused infringer’s likely cost of litigation plus related damages for the patent owner’s violation of the statute. Micron has requested $15M for that bond, triggering a fight in the federal District of Idaho—where the case was moved from state court last month—over the underlying facts, timeliness, and the propriety of the law itself. The first ruling on the bond issue did not go in Longhorn IP’s favor: On August 8, the court declined its request to stay the bond proceedings pending the outcome of its related motion to dismiss.
August 14, 2022
MagnaChip Assigns Patents to Longhorn IP and Quarterhill
Quarterhill Inc. announced on June 25 that it has acquired a portfolio of more than 85 patent assets from MagnaChip Semiconductor. USPTO records show that earlier in the week, MagnaChip also assigned a patent portfolio to a newly formed affiliate of Longhorn IP LLC. In addition to a number of US patents, including assets originating with SK Hynix, that transfer involved foreign counterparts in China, Japan, and South Korea.
June 29, 2018