Wednesday, November 16, 2011

New Multiple Defendant Patent Infringement Suit Under the AIA

This was just a matter of time, but a new multi-defendant post AIA patent infringement complaint was filed yesterday afternoon in Tyler. It's Pragmatus Telecom, LLC v The Neiman-Marcus Group, Inc., et.al. (6:11-cv-620). 11 defendants in all. How are they "joined"? Not entirely clear to this author that what is alleged will be enough to keep them together. There is no allegation of "arising out of the same transaction, occurrence, or series of transactions or occurrences", nor is there any pleading alleging common questions of fact as to all defendants. The only commonality appears to be common infringement of the same patent[s] and the fact that the infringement is allegedly done by use of the same software by all 11 defendants. Enough under the AIA? I don't think so, but time will tell. Stay tuned.....If you can't pull a copy of the complaint from ECF, let us know and we'll email it to you.

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