decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Lodsys - An Update
Wednesday, November 30 2011 @ 01:15 PM EST

Things continue to progress slowly on the Lodsys front. At this time all of the declaratory judgment actions brought in the Northern District of Illnois against Lodsys have been closed, with several of them having transferred to the Eastern District of Wisconsin. In addition, DriveTime has dismissed its declaratory judgment action against Lodsys in Arizona. With those changes all of the pending cases are now in either the Eastern District of Texas (the infringement actions brought by Lodsys) or the Eastern District of Wisconsin (the declaratory judgment actions brought against Lodsys) with the one outlier being the declaratory judgment action brought by ESET against Lodsys in the Southern District of California.

There has not been a great deal of action in any of the active cases, but there are a few items of interest. Specifically, the court has dismissed the claims asserted by Lodsys against the New York Times (Lodsys v. DriveTime - 49 [PDF; text]) without prejudice and OpinionLabs (Lodsys v. DriveTime - 50 [PDF; text]) with prejudice in the Lodsys v. DriveTime action in Texas.


******************

Documents

Lodsys v. DriveTime - 49

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

LODSYS, LLC,
Plaintiff,
v.
DRIVETIME AUTOMOTIVE GROUP, INC.;
ESET, LLC;
FORESEE RESULTS, LLC;
LIVEPERSON, INC.;
OPINIONLAB, INC.;
THE NEW YORK TIMES COMPANY,
Defendants.

CIVIL ACTION NO. 2:11-cv-309

ORDER OF DISMISSAL WITHOUT PREJUDICE

In consideration of Plaintiff Lodsys, LLC’s Notice of Dismissal of all claims between Plaintiff Lodsys, LLC and Defendant The New York Times Company, it is ORDERED, ADJUDGED, AND DECREED that all claims asserted in this suit between Plaintiff Lodsys, LLC and Defendant The New York Times Company are hereby dismissed without prejudice.

It is further ORDERED that all attorneys’ fees, expenses, and costs are to be borne by the party that incurred them.

SO ORDERED.

SIGNED this 15th day of November, 2011.

/s/ David Folsom
DAVID FOLSOM
UNITED STATES DISTRICT COURT JUDGE


Lodsys v. DriveTime - 50

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

LODSYS, LLC,
Plaintiff,
v.
DRIVETIME AUTOMOTIVE GROUP, INC.;
ESET, LLC;
FORESEE RESULTS, LLC;
LIVEPERSON, INC.;
OPINIONLAB, INC.;
THE NEW YORK TIMES COMPANY,
Defendants.

CIVIL ACTION NO. 2:11-cv-309

ORDER OF DISMISSAL WITH PREJUDICE

In consideration of Plaintiff Lodsys, LLC’s Notice of Dismissal of all claims between Plaintiff Lodsys, LLC and Defendant OpinionLab, Inc., it is ORDERED, ADJUDGED, AND DECREED that all claims asserted in this suit between Plaintiff Lodsys, LLC and Defendant OpinionLab, Inc. are hereby dismissed with prejudice.

It is further ORDERED that all attorneys’ fees, expenses, and costs are to be borne by the party that incurred them.

SO ORDERED.

SIGNED this 15th day of November, 2011.

/s/ David Folsom
DAVID FOLSOM
UNITED STATES DISTRICT COURT JUDGE



  


Lodsys - An Update | 31 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Thread
Authored by: bugstomper on Wednesday, November 30 2011 @ 01:27 PM EST
Please summarize in the Title box error->correction or s/error/correction/ to
make it easy for Mark or PJ to scan to see what needs to be corrected and to
make it easy for readers to see what corrections have already been reported.

[ Reply to This | # ]

Off Topic threads
Authored by: bugstomper on Wednesday, November 30 2011 @ 01:30 PM EST
Please stay off topic in these threads. Do consider using HTML Formatted mode to
make your comments pretty and your links clickable.

[ Reply to This | # ]

News Picks Thread
Authored by: bugstomper on Wednesday, November 30 2011 @ 01:36 PM EST
Pick your News here. Please put the title of the News Picks article you are
commenting on in the Title box of your comment. That makes it so much easier for
the reader who scans the headers to see what they are about.

Also please use include a link to the article in your comment, preferably using
HTML Formatted mode to make it clickable. That makes it easy for readers to find
the article after it has scrolled off the News Picks sidebar.

Hint: To avoid the Geeklog bug that sometimes adds an extra space in the text of
a link or worse breaks the link completely, add a space in between the closing
'>' of the tag and the text of the link, as in the following example.

<a href="http://example.com/a?foo"> Link</a>

That space before the text " Link" prevents that bug from
triggering.

[ Reply to This | # ]

Comes transcripts here
Authored by: bugstomper on Wednesday, November 30 2011 @ 01:40 PM EST
Thank you for helping transcribe the Comes exhibits. Please post them with HTML markup, but posted in Plain Old Text mode to make it easy for PJ to copy and paste them.

Find a pdf to transcribe, and if you have a registered login book your intention to prevent duplication of effort, at the Comes Tracking Page

[ Reply to This | # ]

Question is
Authored by: maroberts on Wednesday, November 30 2011 @ 03:09 PM EST
...what did Drivetime do to get a dismissal with prejudice?

[ Reply to This | # ]

ESET
Authored by: red floyd on Wednesday, November 30 2011 @ 03:30 PM EST
It makes sense that ESET filed in Southern District of California. They're in
San Diego.

Disclaimer: I have a friend who works for ESET.

---
I am not merely a "consumer" or a "taxpayer". I am a *CITIZEN* of the United
States of America.

[ Reply to This | # ]

"costs are to be borne by the party that incurred them" (means what?)
Authored by: Tkilgore on Wednesday, November 30 2011 @ 04:28 PM EST
What does this mean, exactly?

I guess it depends upon what "incurred" means in context. As an
outside observer of legal jargon, I could take that to have at least two
different and possibly opposed meanings.

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )