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University Licensee Lost Standing to Sue When Its Business Dried Up, Rules Delaware Court
Patent Litigation Feature
TexasLDPC Inc. (d/b/a Symbyon Systems), a plaintiff linked to a former university researcher, has hit a potentially fatal snag in its Delaware suit against Broadcom. Late last month, Third Circuit Judge Stephanos Bibas, sitting in Delaware by designation, ruled that the plaintiff—which held an exclusive license to assert the patents, owned by Texas A&M University—lacked sufficient rights in the patents because its license agreement with the university had been terminated. A key provision established that their agreement would automatically end if TexasLDPC “cease[d] its business operations”, which Judge Bibas found had occurred in 2019 when it ran out of money and pivoted to patent enforcement. In any event, a post-complaint scramble by the plaintiff and university to amend the contract, and retroactively make enforcement part of the former’s “business operations”, confirmed for Judge Bibas that Texas A&M was also a necessary party—making the failure to join the university an additional basis for dismissal.
October 8, 2023
Exclusive Licensee of Patents and Copyrights Held by Texas A&M Alleges Infringement by Broadcom
New Patent Litigation
TexasLDPC Inc. (d/b/a Symbyon Systems) has begun litigating a family of low-density parity check decoder (LDPC) patents held by the Texas A&M University System, of which the plaintiff pleads that it is the exclusive licensee under a June 18, 2015 agreement. The new complaint targets Broadcom (1:18-cv-01966) over the provision of SSD controllers and Wi-Fi chipsets supporting 802.11ac and 802.11ad. The accused products allegedly contain LDPC decoders, which the complaint describes as “decod[ing] data that has been encoded using an LDPC code, a type of error correcting code”.
December 19, 2018