The biggest publicly traded patent-holding firm will have to pay on the web retailer Newegg $ 15,000 soon after bringing a frivolous appeal.
The order brings to a conclusion what was a once-classic instance of sprawling “patent troll” litigation. In 2010, AdjustaCam LLC, a subsidiary of Acacia Study Corp., filed suit (PDF) in Eastern Texas against dozens of firms, saying that they infringed US Patent No. five,855,343, which describes a kind of movable camera clip. The list of defendants incorporated camera makers like Gear Head and Creative Labs, as nicely as retailers like Amazon, Newegg, K-Mart, Overstock.com, and Wal-Mart.
Although several defendants settled with AdjustaCam, Newegg was headed toward a jury trial. When the district court considered the claims of AdjustaCam’s patent, although, it did not go nicely for the patent-holding organization, which received an unfavorable claim construction order. With a jury trial upcoming in 2013, AdjustaCam simply dropped its case against Newegg and granted a “covenant not to sue.” (AdjustaCam is hardly the initial “patent troll” to use this approach.)