VLSI Technology, LLC v. Intel Corp. (W.D. Texas 2021)

By Michael Borella — There is an undercurrent in patent law these days that litigation favors the defendant. Rather than contending infringement of a few claims of one patent, plaintiffs are now advised to assert multiple claims across several patents. After 35 U.S.C. § 101 challenges, IPR filings, and summary judgment motions, plaintiffs are lucky if they are left with a few claims of one patent to bring to trial. Analogies have been made that patent portfolios are like Swiss cheese. But every so often, a patentee wins big, giving the viability of patent assertion campaigns a much-needed shot in…