WacoWatch

On October 15, 2020, plaintiff ACQIS sued six Lenovo entities for infringement of nine patents related to data transmission systems. On November 16, 2021, Judge Albright granted the motions to dismiss for improper service filed by three Lenovo entities.

On May 20, 2022, in Intellectual Tech LLC v. Zebra Techs. Corp., Judge Albright granted Zebra’s Motion for Summary Judgment for Lack of Standing pursuant to Fed. R. Civ. P. 56, and granted Zebra’s Motion to Dismiss, dismissing all claims without prejudice.

On April 12, 2022, in Ikorongo Technology LLC, et al. v. Bumble Trading LLC, Judge Albright granted Bumble’s motion for summary judgment of invalidity under 35 U.S.C. § 251, which contains the original patent requirement.

In Sinox Co. v. YiFeng Manufacturing Co. and Shenzhen Yuandaoyuan Indus. Co., Sinox Co. (Sinox) sought the court’s permission to effect alternative service via email under Rule 4(f)(3). Judge Albright granted-in-part-as-modified and denied-in-part Sinox’s motion for leave to effect alternative service on defendants. He allowed electronic service upon Shenzhen Yuandaoyuan Indus. Co. (SYIC), but not YiFeng Manufacturing Co. (YiFeng), with the difference arising from each defendant’s online presence, or lack thereof.

On March 25, 2022, Judge Albright granted Defendant Meraki Integrated Circuit (Shenzhen) Technology, Ltd.’s (“Meraki”) opposed motion for reconsideration and severed Defendant Meraki and granted its transfer motion to the Northern District of California (“NDCA”).

Plaintiffs Monolithic Power Systems, Inc. and Chengdu Monolithic Power Systems Co., Ltd. (together, “MPS”) filed this action against Defendant Meraki, alleging patent infringement (“Patent Claims”) along with claims of trade secret misappropriation, tortious interference, and unfair competition (“Non-Patent Claims”). Also, MPS filed a lawsuit in the NDCA against Defendant Meraki’s founders in their individual capacities.

On June 25, 2021, IngenioShare, LLC (“IngenioShare”) sued Epic Games, Inc. (“Epic”) for direct and indirect patent infringement in the Western District of Texas (“WDTX”). Epic argued that the venue was improper. On March 18, 2022, in a nine-page Order, Judge Albright expressed his agreement and dismissed the case.

On March 9, 2022, several months after accessiBe Ltd. (“accessiBe”) was denied transfer in AudioEye, Inc. v. accessiBe Ltd., Judge Albright reversed his decision on reconsideration. The case will proceed in the Western District of New York (“WDNY”).

On March 1, 2022, Judge Albright denied Defendant Apple, Inc.’s (“Apple”) Motion to Transfer Venue to the Northern District of California (“NDCA”), “alleging that it is more convenient than this District.” Plaintiff BillJCo, LLC (“BillJCo”) did not contest that this action could have been brought in the NDCA.

On March 1, 2022, Judge Albright granted Defendant eClinicalWorks, LLC’s (“eClinical”) Motion to Transfer Venue to the District of Massachusetts. eClinical did not argue that the Western District of Texas, Waco Division (“WDTX”) was an improper venue, but rather that the District of Massachusetts “is simply a more convenient forum.”

On January 7, 2022, Judge Albright entered a preliminary injunction against foreign Defendants Big Hippo LLC and EifBrissa in Qin v. Partnerships and Unincorporated Associations on Schedule “A.” They are now enjoined from manufacturing, importing, distributing, offering for sale, or selling unauthorized and unlicensed automotive seat covers that infringe Plaintiff’s patented design.

On December 17, 2021, Judge Albright imposed sanctions on the plaintiff’s counsel who signed the motion for a new trial filed after a jury verdict for the defense in Freshhub, Inc. v. Amazon.com, Inc.

On December 8, 2021, Judge Albright issued an order granting limited early discovery in Ancora Technologies, Inc. v. Nintendo Co., Ltd. in response to co-defendant Retro Studios’ summary judgment motion.

On November 17, 2021, Judge Yeakel presented his yearly State of the Western District of Texas. Judge Yeakel discussed the nine or so patent cases that were recently transferred from Judge Albright’s Waco docket, via intradistrict transfer, to Austin.