So, my new year's resolution was not to write any more about the Mavexar hearings until we got something really juicy. Unfortunately, due to the holidays there hasn't been much else to write about these last few weeks. I made it almost 3 days though, which is a personal best for resolutions of this sort.
One of the more interesting aspects of the Mavexar hearings has been the general lack of participation from the opposing parties in the hearings, many of whom have already been dismissed. This unique state of affairs has left me to imagine what the papers might look like if a defendant really went to town on the issue.
Last month a DJ case was filed in Texas against another IP Edge/ Mavexar entity called "Hitel" that might give us some idea. The complaint is a pretty fun read.
The first thing to note is that, as suggested in Judge Connolly's memorandum order following the hearing in November, the complaint contains a count requesting the Court find the patent unenforceable for inequitable conduct due to the fraudulent transfer from IP Edge to the titular assignee:
There is substantial evidence that [Managing Partner of IP Edge] Mr. Bodepudi caused his staff to file fraudulent assignments with the intent to defraud the USPTO (and courts) including that the patent at-issue was purportedly transferred by someone that works as Mr. Bodepudi’s secretary. Further, there is substantial evidence that IP Edge and Mr. Bodepudi have a pattern and practice of filing fraudulent assignments with the USPTO in order to hide IP Edge’s actual ownership of weak patents being asserted in cases without merit.
Queryly, LLC v. Hitel Techs., LLC. 2:22-CV-476, D.I. 1 (E.D. Tex. Dec. 16, 2022) (Complaint)
Moreover, the Complaint quotes liberally from Judge Connolly's prior rulings and transcripts in these matters. I'm not kidding, there are 3 big block quotes and they actually attached the Memorandum order in the Nimitz case as an exhibit.
The answer is due next week, so look forward to another post on that as my resolution is absolutely shattered.
If you enjoyed this post, consider subscribing to receive free e-mail updates about new posts.
