Upon the entry of the final judgement of non-infringement in a lawsuit filed by non-practicing entity (NPE) VisionX Technologies, LLC, OMNIVISION wins another litigation. The company paid nothing to VisionX to resolve the matter.
“OMNIVISION is pleased to set another example of our unwavering commitment to defend against groundless NPE lawsuits,” said Robert Cleary, General Counsel of OMNIVISION and former patent litigator. “VisionX is the latest NPE to fail. They attempted to advance nonsensical claim construction arguments as cover for unsupportable infringement positions. In the end, we called their bluff as we always do with NPEs, and VisionX agreed to a final judgment of non-infringement for all claims.”
The case was about three patents that VisionX acquired from a broker. Despite glaring holes in the infringement arguments for all three patents, VisionX pressed forward to try to pressure OMNIVISION into paying to make the case go away. Facing exposure to possible attorneys’ fees, VisionX ultimately conceded, while OMNIVISION prevailed with a full victory and final judgment of non-infringement as to all three asserted patents – just days before the claim construction hearing.
This is OMNIVISION’s fourth complete victory against an NPE in as many years, with prior wins against Cedar Lane Technologies Inc., ID Image Sensing LLC (Acacia) and Bell Semiconductor, LLC.
“We hope this sends a message to other NPEs, litigation finance companies, and their contingency law firms. OMNIVISION will not waver from its principles,” said Mr. Cleary. Defending against baseless NPE lawsuits is an investment for OMNIVISION, and the return on that investment is a growing reputation in the industry. Seeing that OMNIVISION will not be bullied by baseless threats, NPEs are significantly less likely to file nuisance infringement litigation against OMNIVISION.
OMNIVISION’s latest decisive NPE victory comes after nearly twelve months of litigation in the U.S. District Court for the Central District of California. The litigation was led by David Bluestone, Samuel Ruggio, and Charles McMahon of Benesch Friedlander Coplan & Aronoff LLP, along with Salil Bali from Stradling Yocca Carlson & Rauth LLP. VisionX Technologies, LLC was represented by One LLP and Farjami & Farjami LLP.