Stopping NPEs in Their Tracks

Overview

Leason Ellis responded to a notorious NPE’s shake down patent infringement suit by filing a motion to dismiss for failure to explain how each asserted claim element was found in the accused product.  In response to plaintiff’s amended complaint, we strategically answered the amended complaint and then moved to dismiss the case via a judgment on the pleadings.  At the scheduling conference, we successfully persuaded the trial judge that discovery should be stayed until the motion for judgment was decided.  Two years after filing of the complaint, plaintiff’s counsel sought to dismiss the lawsuit without prejudice.  We objected and then secured a dismissal with prejudice, a total win for our client.  

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