
In December, the U.S. District Court for the Northern District of California dismissed a patent infringement case filed by Uniloc 2017 LLC against Box Inc.
The order of dismissal was issued by Judge Jon Tiger who ruled over the case in December 2017.
According to the ruling, the court noted that the plaintiff filed their motion for voluntary dismissal less than two weeks after Box filed an answer.
“Plaintiffs’ counsel, James J. Foster, states that he was unaware at the time the complaint was filed that Uniloc Luxembourg had, on May 3, 2018, assigned the patent-in-suit to Uniloc 2017 LLC, and that Uniloc Licensing USA LLC, rather than Uniloc USA, became the exclusive licensee on that same date,” Tigar wrote.
“Plaintiffs amended their complaint to add Uniloc 2017 and Uniloc Licensing USA two months after counsel states that he learned of the May 3, 2018 transfer agreement. Plaintiffs filed the new action and sought dismissal of this one within one month of learning that a defendant in a different case challenged plaintiffs’ ability to cure a lack of subject matter jurisdiction by substituting Uniloc 2017 as a party,” Tigar wrote.
According to the court decision, the defendant did not raise nor argued how it will suffer legal prejudice if the case is dismissed.
The court will therefore dismiss this case without prejudice,” Tigar wrote in the court decision.
Box Inc. request for payment of attorneys’ fees by the plaintiff was not granted.