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Apple, HP & others Defeat Patent Troll which opens the Door for the Apple v. Oracle Breach of Contract Lawsuit to Resume

50. Patently Legal
A Patent Troll goes down in Flames:
Late yesterday a "patent troll" by the name of US Ethernet Innovations that had sued a number of major technology companies over four Ethernet patents that it said their networking products contained has been defeated in court and was ordered to pay costs. This technically now opens the door for the Apple v. Oracle case to resume.


US Ethernet Innovations had sued 16 computer makers in a federal court in Texas, claiming the microprocessors in their products infringed four patents governing how network interface controllers manage the movement of data between a host computer system and a communications network. Apple, HP and Dell were three of the higher profile companies fighting this case.


US District Judge Claudia Wilken found in favour of the defendants in all four claims. If US Ethernet Innovations had won, it would have had implications for the cost of networking equipment. A number of technology companies had earlier settled.


Such was the scale of the defeat for the intellectual property holding company that it was also ordered to pay costs on behalf of the defendants.



Last year we posted a report titled "Apple vs. Oracle Now on Hold until Ethernet Innovations Suit Settled." In that report we noted the following:


On December 13, 2013, Third-Party Plaintiff Apple, Inc. (Apple) and Third-Party Plaintiff Oracle America, Inc. (Oracle) submitted a joint request to stay the third-party action between Apple and Oracle until the underlying action between Apple and U.S. Ethernet Innovations, LLC (USEI) is resolved. Because the indemnification claims in the third-party action rest heavily on the outcome of the underlying action, the Court agrees that such a stay would serve the interests of judicial economy.


Now that the US Ethernet Innovations trial has been settled and in Apple's favor, Apple's Breach of Contract lawsuit against Oracle will technically be able to move forward, though the timing of the trial will have to be determined by the court at some future date.


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