Friday, October 13, 2023

First Ericsson v. Lenovo & Motorola Mobility patent infringement lawsuit found in North Carolina after standard-essential patent (SEP) licensing negotiations failed: multi-jurisdictional enforcement underway

I found out from a Light Reading article that "Ericsson has filed a number of lawsuits against Lenovo and its subsidiary Motorola Mobility for patent infringement in multiple jurisdictions." While I have subscribed to Ericsson's press release on its website, and received an earnings update two days ago, I didn't get that one.

I'll try to find out more about that new cross-jurisdictional patent dispute that appears to involve SEPs as well as non-SEPs. So far I've been able to download from an electronic court docket the following complaint that was filed with the United States District Court for the Western Division of the Eastern District of North Carolina:

Ericsson v. Lenovo & Motorola Mobility (case no. 5:32-cv-570, E.D. N.C.): October 11, 2023 complaint

These are the five patents-in-suit:

As for the choice of venue, Ericsson's complaint points (inter alia) to a 2018 pleading in the Western District of Texas in which the Eastern District of North Caoflirna was described by those same defendants as a proper venue and forum conveniens:

"If, however, this Court chooses, in lieu of dismissal, to transfer this case, Lenovo and Motorola respectfully submit that the Eastern District of North Carolina (EDNC), and specifically the Raleigh Division, is both a proper forum for this dispute and the most convenient forum. . . . Under the patent venue statute, the Eastern District of North Carolina is a proper venue for both Lenovo and Motorola. See 28 U.S.C. § 1400.”