Judge Stark decides multiple motions in Intellectual Ventures’ pending cases

Judge Leonard P. Stark decided numerous pending motions in various Intellectual Ventures’ lawsuits, C.A. Nos. 12-193-LPS, 13-1631-LPS, 13-1634-LPS, 13-1635-LPS, 13-1668-LPS, to 13-1672-LPS (D. Del. Sept. 8, 2014).  First, Judge Stark granted Sierra Wireless America Inc.’s and Ericsson Inc.’s motions to intervene, finding that the intervenors’ motions were timely (having been filed prior to claim construction) and were necessary so that the intervenors could “protect their interest in products which [the intervenors] manufacture for Defendants, an interest put at risk by the litigation as Plaintiffs accuse these products of infringement.”  Id. at ¶ 6.  Judge Stark rejected plaintiff’s argument that intervention as a right is only appropriate if the intervenors owe an indemnity obligation to defendants.  Id. at ¶ 7.  An intervenor must demonstrate “an interest relating to the property or transaction which is the subject of the action[,].” which they have done here by “demonstrating their interest in the very devices accused of infringement.”  Id. at ¶ 8 (quoting Liberty Mut. Ins. Co. v. Treesdale, Inc., 419 F.3d 216, 220 (3d Cir. 2005).

Judge Stark also granted Plaintiff’s motion for leave to amend its complaints to add certain subsidiaries as named defendants, finding the motions timely and the amendment not futile or prejudicial.  Id. at ¶ 13.  Judge Stark also granted numerous defendant’s motion to sever, creating ten separate cases; and defendant Nextel Operations Inc.’s unopposed motion to redact portions of a discovery conference transcript.  Id. at ¶¶ 14-15.

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