Friday, September 3, 2010

First to File Rule Upheld in Patent Case

Here is a drawing from the patent at issue
On Monday, I wrote about Centrify v. Quest Software, where Quest filed a lawsuit in the District of Utah and then Centrify filed one in the Northern District of California.  The general rule, is that wherever the suit is first filed, that court has the opportunity to determine if it has jurisdiction.  This is the situation resolved by Judge Ronald M. White on Tuesday.

Meru Networks, Inc. and Extricom, LTD were in negotiations over patent licensing when Extricom filed suit in the District of Delaware.  Meru then followed a few hours later with a suit in the Northern District of California.

Judge White ruled that the decision about where to litigate is best left to the District of Delaware where Extricom filed the first suit.

The case is Meru Networks v. Extricom, No. C 10-2021 and the opinion is below the jump.

Here is the opinion:
Meru Networks v. Extricom

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