Tuesday, September 20, 2011

Similarity Among Different Accused Software Applications Does Not Justify Joinder of Defendants

The court granted defendants' motion to sever plaintiff's infringement claims despite plaintiff's argument that "[e]ach Defendant has a mapping software application that uses [plaintiff's] patented data compression format. . . . Each Defendant operates its infringing mapping application via smartphones. Each Defendant . . . obtains the same mapping data from the same geocoding source." "Other courts have found . . . that these kinds of allegations do not satisfy the 'same transaction' requirement. This Court finds the reasoning of those cases persuasive and on that basis, grants Defendants’ motions to sever."

Tierravision, Inc. v. Research in Motion Ltd., et. al.,
3-11-cv-00639 (CASD September 16, 2011, Order) (Sabraw, J.)

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