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ARTICLE · 10 FEBRUARY 2014

Will A New Wave Of Class Actions Spring From Patent Infringement Litigation?

Mayer Brown
Mayer Brown
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It is no secret that many private class actions are filed as follow-on lawsuits to news reports, government investigations, regulatory developments, and identical earlier-filed class actions.

United StatesLitigation, Mediation & Arbitration
Archis Parasharami
Archis Parasharami
Carmine Zarlenga
Carmine Zarlenga
Catherine Bernard
Catherine Bernard
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Keywords: private class actions, follow-on lawsuits, Apple, Samsung

It is no secret that many private class actions are filed as follow-on lawsuits to news reports, government investigations, regulatory developments, and identical earlier-filed class actions. But a recent gambit by the plaintiffs' bar is among the more creative efforts we have seen. Earlier this week, a well-known plaintiffs' firm filed Dang v. Samsung Electronics Co., in the Northern District of California. The complaint alleges that Apple's victory over Samsung (at least in part) in certain highly publicized patent infringement actions establishes that Samsung has violated California's consumer protection law as well as warranty statutes in 49 states and the District of Columbia.

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