A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: With Prejudice

Court Dismisses Case Without Prejudice, Holding That Spending "Millions" Defending Co-Pending ITC Action Does Not Require With-Prejudice Dismissal

Andrew E. Russell, June 5, 2024
With Prejudice Dismissal

Dollar Bills
Sharon McCutcheon, Unsplash

In DivX, LLC v. Realtek Semiconductor Corp., C.A. No. 20-1202-JLH (D. Del.), the parties disputed whether the case should be dismissed with or without prejudice after the plaintiff moved to dismiss its own case.

The defendant responded, opposing dismissal without prejudice and arguing that a with-prejudice dismissal was warranted under a four-factor test used in previous cases (which focuses mainly on effort and expense of the present and potential future litigation, progress of the present litigation, and diligence in moving to dismiss). Id., D.I. 74 at 9.

The defendant argued that plaintiff had filed an ITC action against it, resulting in millions of dollars in fees. Id. at 12.

The Court didn't …

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Court Dismisses All Claims with Prejudice After IPR—Even Though Some Were Not Invalidated

Andrew E. Russell, Oct. 23, 2023
Voluntary Dismissal MTD

Dart in Target
Silvan Arnet, Unsplash

Both parties in Wrinkl, Inc. v. Meta Platforms Inc., C.A. No. 20-1345-RGA (D. Del.) agreed that the case should be dismissed after the PTAB invalidated 50 of the 54 asserted claims, but disagreed about whether the remaining 4 claims should be dismissed with prejudice.

The plaintiff claimed that it did not intend to assert the remaining claims, but that it should retain the right to, and that it is unaware of caselaw holding that the Court cannot dismiss some claims with prejudice and some without.

The defendant argued that the Court cannot split up the claims, and must dismiss all or nothing with prejudice:

Defendants contend there is no legal support or precedent …
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