Two recent cases in the Eastern District of Texas touched on the
federal patent preemption defense. One case addressed preemption in
the context of an assignment of patent ownership dispute, and the
other case addressed preemption in the context of civil theft,
conversion, and unfair competition claims. Both cases are discussed
below.
In Plastronics Socket Partners, Ltd. v. Dong Weon
Hwang, Judge Payne recommended that Plastronics' Motion to
Dismiss should be granted with respect to Defendant Hwang's
counterclaim of patent infringement after holding that,
"[b]ecause this case involves an assignment of patent
ownership, preemption does not apply, and state law will apply
rather than federal law." Case No. 2:18-cv-00014-JRG-RSP, 2019
WL 10009404, at *1–2 (E.D. Tex. Feb. 13, 2019). Hwang had
entered into an Assignment and Agreement with Plastronics Socket
Partners, Ltd., assigning equal ownership shares in the '602
Patent to Hwang and Plastronics Socket Partners, Ltd. Id
