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ARTICLE · 23 SEPTEMBER 2022

No Second Bite At The Apple: Dismissal Under Duplicative-Litigation Doctrine

McDermott Will & Emery
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The US Court of Appeals for the Federal Circuit affirmed a district court's dismissal of a second case between the same parties and asserting the same patent under the duplicative-litigation doctrine.

United StatesIntellectual Property
Art Dykhuis
Art Dykhuis

The US Court of Appeals for the Federal Circuit affirmed a district court's dismissal of a second case between the same parties and asserting the same patent under the duplicative-litigation doctrine. Arendi S.A.R.L. v. LG Elecs. Inc., Case No. 2021-1967 (Fed. Cir. Sept. 7, 2022) (Prost, Chen, Stoll, JJ.)

Arendi sued LG and others for infringement of several patents. Pursuant to Delaware's local rules requiring identification of accused products, Arendi identified hundreds of LG products as infringing four asserted claims of the patent relevant on appeal. For those accused products, Arendi provided one "exemplary" infringement claim chart for LG's Rebel 4 phone. LG objected to Arendi, stating that it should have provided charts for all accused products.

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