US Ethernet Innovations, LLC v. Samsung Electronics Co., Ltd., et. al., 6-12-cv-00398 (TXED February 6, 2013, Order) (Love, M.J.).
Tuesday, February 12, 2013
“Functional Integration” of Accused Products Satisfies “Same Product” Prong of AIA Joinder Standard
The court denied defendant's motion to dismiss plaintiff's infringement action for improper joinder and rejected defendant's argument that the defendants were competitors. "[Plaintiff] accuses [the moving defendant's] products that allegedly functionally integrate [the other defendants' chips] of infringement. Put simply, on this allegation, we are not talking about similar products as was the case in Motorola Mobility, we are talking about the same product — [the moving defendant's] accused product that functionally integrates [the other defendants' chips]. The Court finds that this allegation, taken as true, satisfies the 'same product' prong of the AIA joinder standard."