A recent dismissal in a declaratory judgment action filed by BMW
of North America and Bayerische Motoren Werke marked the conclusion
of BMW Group's long-fought battle against
Arigna Technology (Arigna).
The dispute spanned multiple venues, including US district
courts, the US International Trade Commission (ITC), the
Federal Circuit, and the US Patent and Trademark
Office (USPTO). The victory resulted from a
multi-faceted legal approach that involved strategic use of both
district court litigation and Patent
Trial and Appeal Board (PTAB) proceedings.
This article, contributed by the Finnegan attorneys involved,
outlines strategic decisions that resulted in BMW Group's
victory and underscores how an integrated litigation and PTAB
strategy plays a critical role in dismantling the litigation
efforts of PAEs seeking to extract a settlement payment.