Clouding IP LLC v. AT&T Mobility LLC, AT&T Corp.
Published: Dec. 20, 2014 | Result Date: Jul. 31, 2014 | Filing Date: Jan. 1, 1900 |Case number: 1:13-cv-01342-LPS Bench Decision – Dismissal
Court
USDC Delaware
Attorneys
Plaintiff
Dorian S. Berger
(Berger & Hipskind LLP)
Brian D. Ledahl
(Russ, August & Kabat)
Stephen B. Brauerman
(Bayard PA)
Marc A. Fenster
(Russ, August & Kabat)
Defendant
Facts
Clouding IP LLC filed a number of patent infringement suits against various defendants, including Google Inc., Amazon.com Inc., Amazon Web Services LLC, Rackspace Hosting Inc., Rackspace US Inc., Jungle Disk LLC, CA Technologies Inc., AT&T Inc., Citrix Systems Inc., Dropbox Inc., EMC Corp., EMC International US Holdings Inc., VMware Inc., SAP AG, SAP America Inc., Verizon Online LLC, Terremark North America LLC, and Verizon Business Network Services Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Clouding alleged that pursuant to a purchase agreement and a patent assignment agreement with Symantec Corp., it was granted legal title to certain patents from Symantec. Clouding further alleged that defendants infringed various patents.
DEFENDANTS' CONTENTIONS:
Defendants argued that Clouding lacked standing to bring the actions because Symantec did no transfer all substantial rights in the patents-in-suit to Clouding.
Result
The court granted defendants' motions to dismiss. The court held, in part, that Symantec did not convey any entire patent or all rights under any patents and, therefore, Clouding did not have formal legal title to the patents. The court held that Clouding lacked prudential standing to bring the actions without joining Symantec.
Other Information
FILING DATE: July 26, 2013.
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