The suit has been posted online in the North Dakota federal court. It bears no. 3:06-cv-00051. It is a declaratory judgment action asking for a declaration that Alien does not infringe a number of IN's patents. It also asks for them to be declared invalid. I list the patents below:
1.- 5,777,561
2.- 5,828,693
3.- 5,850,181
4.- 5,912,632
5.- 5,995,019
6.- 6,288,629
7.- 6,400,274
8.- 6,429,775
9.- 6,812,841
I listed 7 of these patents here:
Message 21581155
I originally thought that North Dakota may be a new patent lawsuit Mecca. However, it is clear from the suit that Alien has made a substantial investment in manufacturing facilities in Fargo, worth about $40 million, which it claims are at risk as a result of IN threats to file suit against it.
Alien asks for a jury, so there is clearly a venue choice being made which would favor Alien. Whether the venue will remain there is hard to say. Certainly would be one of the first things I'd be looking at if I were defending IN. The risk of getting home-towned by a local jury is probably substantial.
The Judge is probably scratching his head, wondering how in the blazes did he end up with a high tech patent suit in Fargo.
The suit is notable for not mentioning any of Alien's patents. |
