Kramer Levin Successfully Represents Defendants In the Patent Friendly Eastern District of Texas

Kramer Levin Obtains A Winning Claim Construction Compelling Plaintiffs To Dismiss All Claims With Prejudice
Keystone Autonics, Inc. v. Sirius Satellite Radio Inc., et al., No. 2:07-cv-61 (E.D. Texas) (Ward, J.)

On February 10, 2009, plaintiff Keystone Autonics, Inc.’s claims were dismissed with prejudice after Keystone stipulated to dismissal of all patent infringement claims against Kramer Levin client Sirius XM Radio Inc., ending a bitter two-year battle. Shortly after Sirius filed a motion for summary judgment on grounds of judicial estoppel and unclean hands, Keystone voluntarily provided Sirius with a covenant not to sue for one of the two asserted patents. The Court then issued an Opinion and Order adopting our clients' proposed interpretation of the remaining patent leaving Keystone with no viable theory of infringement (Keystone Autonics Inc. v. Sirius Satellite Radio Inc., No. 2:07-CV-61, 2009 WL 185420 (E.D. Tex. Jan. 16, 2009)).

Kramer Levin Paves The Way To A New Trend In Transferring Patent Cases
Lear v. TS Tech USA Corp., et al., No. 2:07-cv-406 (E.D. Texas) (Ward, J.)

On December 29, 2008 the U.S. Court of Appeals for the Federal Circuit granted our clients’ Petition for Writ of Mandamus ordering the U.S. District Court for the Eastern District of Texas (“ED Texas”) to transfer the case to the U.S. District Court for the Southern District of Ohio. In re TS Tech USA, 551 F.3d 1315 (Fed. Cir. 2008), reh'g denied, No. 2009-M888 (Fed. Cir. Feb. 6, 2009). The Federal Circuit’s holding in TS Tech quickly became the leading case for transfer motions, especially where none of the parties is located in the forum or has any significant connections with the forum, such as in ED Texas cases where the only connection to the ED Texas is the sale of the accused infringing products.

Kramer Levin Puts Plaintiff On Hold
Finisar Corp. v. XM Satellite Radio Holdings Inc., et al., No. 9:07-cv-0099 (Clark, J.)

Kramer Levin obtained an indefinite stay in a patent infringement suit brought against Sirius XM after the Federal Circuit construed claims in a related case consistently with the claim constructions advanced by Sirius XM.