Header graphic for print
Delaware Intellectual Property Litigation Intellectual Property and Antitrust Litigation in Delaware

Judge Robinson Grants Defendants’ Motions To Dismiss Four Patent Infringement Actions Filed by Walker Digital Based on Lack of Standing

Posted in District of Delaware, Patent Infringement

By Memorandum Opinion entered by The Honorable Sue L. Robinson in Walker Digital, LLC v. Expedia, Inc., et al., Civil Action Nos. 11-313-SLR, 12-140-SLR, 12-141-SLR and 12-142-SLR (D.Del., June 19, 2013), the Court granted defendants’ motions to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of standing after concluding that a Settlement Agreement entered by plaintiff Walker Digital in a prior patent infringement action, Civil Action No. 11-315, that Walker Digital filed against numerous defendants and settled with defendant eBay transferred all rights to the three patents-at-issue in the current actions, U.S. Patent Nos. 7,831,470 (“the ‘470 patent”), 7,827,056 (“the ‘056 patent”) and 8,112,359 (“the ‘359 patent”), to eBay on December 9, 2011. Thus, Walker Digital lacked constitutional standing to pursue the current patent infringement actions.  Id. at 7.

A copy of the Court’s Memorandum Opinion is attached.