Walker Digital, LLC v. Amazon.com, Inc. and Zappos.com, Inc. (D. Del.; Fed. Cir.)

On December 30, 2014, the Federal Circuit Court of Appeals affirmed the dismissal with prejudice for lack of standing of four patent cases brought by Walker Digital, LLC, against Klarquist clients Amazon.com, Inc. and Zappos.com, Inc., Fish & Richardson client Expedia, Inc., and Potter Anderson client Barnes & Noble, Inc. Delaware District Court Judge Sue L. Robinson had held that Walker Digital did not own the patents in suit, because it assigned them to eBay as part of a litigation settlement agreement. The Federal Circuit affirmed, holding that the settlement agreement unambiguously assigned continuations-in-part, such as the patents in suit, and dismissal with prejudice was not an abuse of discretion because Walker Digital had multiple opportunities to cure the defect.

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