Published on:

Judge Robinson stays antitrust counterclaims

Intellectual Ventures I, LLC, et al. v. Toshiba Corporation, C.A. No. 13-453-SLR-SRF (D. Del. Dec. 9, 2015), Judge Sue L. Robinson ordered that the stay of Defendant’s antitrust counterclaims remain in place until the patent claims in the case were resolved, “consistent with [Judge Robinson’s] normal practice.” Id. at 1. The Court concluded that “the crux of [Defendant’s] antitrust theories is the ‘poor quality’ of plaintiffs’ patents. . . . So long as [Defendant] relies on the ‘quality’ of the patent portfolio rather than its numerosity and the way it’s asserted . . . Defendant [had] not assuaged the concerns [the Court had] previously identified” with regard to not staying the antitrust claims. See D.I. 96 (March 20, 2015 order granting motion to stay antitrust counterclaims as to those that involve the validity of Plaintiffs’ patent portfolio, but denying motion to the extent the counterclaims relied on “the numerosity and value (i.e., presuming validity) of [Plaintiffs’] patent portfolio” ).

Contact Information