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| Lodsys - An Update |
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Wednesday, November 30 2011 @ 01:15 PM EST
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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.
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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
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| 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 | # ]
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| 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 | # ]
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| 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.
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| 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 | # ]
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| 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 | # ]
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| 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.
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I am not merely a "consumer" or a "taxpayer". I am a *CITIZEN* of the United
States of America.
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| 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 | # ]
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