When a patent owner comes to the table, one possible response is
to raise the stakes. That's the path that Elevengear LLC
chose when it filed for declaratory judgment of non-infringement
and invalidity directed at Eclipse IP, LLC's entire
patent portfolio. History suggests that, when you're
dealing with Eclipse, a company that has initiated more than 100
patent infringement actions over the years, aggressive litigation
might be the right play.
Responding to Eclipse's history of filing suits,
Elevengear's complaint notes: "A key part of Eclipse's
business model is sending letters, emails, and making telephone
calls threatening patent litigation and following through on that
threat." This dispute began the same way: In
March, Elevengear received a letter from Eclipse asserting
infringement by "electronic messaging features of
[Elevengear's] online ordering system." Eclipse
