Different manufacturers’ use of the Android operating system in their respective smartphones did not arise out of the “same transaction or occurrence” under the joinder provision of the America Invents Act, 35 U.S.C. § 299. Motorola Mobility, Inc. v. Apple Inc., nos. 1:12-cv-20271-RNS and 1:10-cv-23580-RNS, (S.D. Fla. July 31, 2012). Accordingly, the court granted defendant […]
Archive | August, 2012
Pre-Suit Publicity Not Enough to Plead Willful Patent Infringement
The plaintiff in Softview, LLC v. Apple, Inc., Civ. No. 10-389-LPS (D. Del. July 26, 2012), successfully pled willful patent infringement against some defendants, but not others. Publicity about a patent is not enough from which to infer the pre-suit knowledge that is a prerequisite to willfulness, but such knowledge might be inferred from activities […]