A Ropes & Gray team persuaded a judge in the Central District of California to dismiss all remaining claims against Extreme Networks with prejudice in a patent lawsuit filed by XR Communications, LLC.
XR previously alleged that Extreme and other defendants infringed three patents in cases pending in the Northern and Central Districts of California. The cases were previously stayed pending IPRs, which resulted in two of the three asserted patents being invalidated.
Once the stay was lifted, Ropes & Gray coordinated with counsel for co-defendants to argue in the parallel case in the Northern District of California that the claims in the remaining patent were invalid as indefinite because the claims lacked required corresponding structure. The Court agreed, and held that all of the asserted claims in that patent were invalid. Ropes & Gray then convinced the defendants to bring a motion for judgment on the pleadings asking the Court in the Central District to dismiss claims asserting that patent in the Central District as well. After the motion was fully briefed, the Court agreed and, without waiting to hear argument on the motion, granted the motion dismissing all claims asserting this third patent against Extreme Networks and the other defendants, with prejudice.
The Ropes & Gray team included IP litigation partner Andrew Thomases (Silicon Valley) and counsel Daniel Richards (Silicon Valley and San Francisco).
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