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MOSAID v Red Hat - Settlement and Dismissal ~mw
Thursday, June 28 2012 @ 06:00 AM EDT

While we were busy watching the Oracle - Google case play out, we missed the fact that Red Hat, IBM, Adobe, and Juniper Networks all settled with MOSAID, and the infringement claims against those parties have been dismissed (93 [PDF; Text]). The claims against Alcatel-Lucent and VmWare remain pending. (95 [PDF; Text]) Given that the MOSAID patents do not constitute an open issue with respect to open source software, we will not be following the remainder of this case.

Of course, it remains to be seen (or more likely, we will not see) exactly the terms on which Red Hat settled this case, although where Red Hat has settled patent infringement claims in the past it has done so on terms that do not violate the GPL.

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

Docket

93 - Filed: 05/07/12 - Stipulation of Dismissal

95 - Filed: 05/17/12 - Letter from Bayard to the Court re settlement and remaining defendants

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

93

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

MOSAID TECHNOLOGIES INC.,
Plaintiff,
v.
ADOBE SYSTEMS, INC.,
ALCATE-LLUCENT USA, INC.,
INTERNATIONAL BUSINESS MACHINES CORP,
JUNIPER NETWORKS, INC.,
RED HAT, INC., AND
VMW ARE, INC.
Defendants.

C.A. No.: 11-698-GMS

STIPULATION OF DISMISSAL

IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff MOSAID Technologies, Inc. ("MOSAID") and defendant Defendants Adobe Systems, Inc. ("Adobe"), International Business Machines Corp. ("IBM"), Juniper Networks, Inc. ("Juniper"), and Red Hat, Inc. ("Red Hat"), pursuant to Fed R. Civ. P. 41(a)(l)(A)(ii), that all claims in this action against Adobe, IBM, Juniper, and Red Hat be and hereby are dismissed with prejudice. This Stipulation of Dismissal shall not preclude or limit the assertion of any claims, defenses, or counterclaims by Adobe, IBM, Juniper, or Red Hat in response to any future assertions or claims of patent infringement by MOSAID. Each party shall bear its own costs, expenses and attorney's fees in connection with the above-captioned action.


BAYARD, P.A.

/s/ Stephen B. Brauerman
Richard D. Kirk (No. 922)
Stephen B. Brauerman (No. 4952)
[address, telephone, email]

Counsel for Plaintiff MOSAID
Technologies, Inc.

SEITZ ROSS ARONSTAM
& MORITZ, LLP

/s/ Collins J Seitz, Jr.
Collins J. Seitz, Jr. (DE No. 2237)
[address, phone, email]

Attorneys for Defendant Juniper Networks,
Inc. and International Business Machines
Corp.

DLA PIPER LLP (US)

/s/ Denise S. Kraft
Denise S. Kraft (#2778)
Aleine Porterfield (#5053)
[address, phone, email]

Attorneys for Adobe Systems, Inc.

FISH & RICHARDSON P .C.

/s/ Gregory R. Booker
Tara D. Elliott (#4483)
Gregory R. Booker (#4784)
[address, phone, email]

Attorneys for Red Hat, Inc.

IT IS SO ORDERED THIS 7th day of May, 2012.

/s/ Gregory M. Sleet
The Honorable Gregory M. Sleet
Chief United States District Judge

2



95

[BAYARD letterhead]

May 17, 2012

BY CM/ECF:

The Honorable Gregory M. Sleet
United States District Court
844 King Street
Wilmington, DE 19801

Re: MOSAID Technologies, Inc. v. Adobe Sistems, Inc., et al. C.A. No.: 11-698-GMS

Dear Judge Sleet:

We represent Plaintiff MOSAID in the above-titled action and I am writing to advise the Court of Plaintiff's settlement and dismissal of four (4) of the six (6) defendants in this case, which moots at least one (1) pending motion on which the Court now does not need to rule.

Specifically, as a result of the dismissal of former Defendant Juniper Networks, Inc., ("Juniper")(D.I. 92-93), Plaintiff contends that the pending motion by Juniper to transfer venue in this case (D.I. 64) is now moot and may be denied as such. Remaining Defendant VMWare, Inc. ("VMWare") concurs with this contention. Remaining Defendant Alcatel-Lucent USA, Inc. ("Alcatel-Lucent") takes no position as to this contention.

Further, Plaintiff and remaining Defendant VMWare contend that at least one of the two remaining defendants is pursuing all other pending motions and as such those motions are ripe to be ruled on. Remaining Defendant Alcatel-Lucent again takes no position as to this contention.

This letter will also respond to remaining defendant VMWare's recent letter to you regarding the Federal Circuit's recent decision in In re EMC Corp. (D.I. 94). That decision involved eighteen (18) defendants. After the settlement and dismissals, this case now only involves two (2) defendants.


Bayard
May 17, 2012
Page 2

Further, the Federal Circuit highlights the fact that a district court may exercise its "considerable discretion" to consolidate case for discovery and trial under Rule 42, even when joinder is not permitted under Rule 20. In re EMC Corp., Misc. Dkt. No. 100, slip op. at 16. The Court explains that unlike Rule 20, the consolidation provisions of Rule 42 only require that venue be proper and that there be a common question of law or fact. Id. Notably, in the instant action the remaining Defendants have not contested the propriety of venue nor have they contested that there are common questions of law or fact.

We appreciate your consideration of these matters. Thank You.

Sincerely,

/s/ Stephen B. Brauerman

Stephen B. Brauerman

Cc: Counsel fo VMWare
Counsel for Alcatel-Lucent



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