On November 20, 2024, WilmerHale achieved a complete victory for TP-Link Systems Inc. (“TP-Link USA”) against InnoMemory, LLC in a declaratory judgment action in the U.S. District Court for the Southern District of New York (“SDNY”). InnoMemory had previously filed a complaint in the Eastern District of Texas alleging that a purported Chinese company it called “TP-LINK Technology Co., Ltd.” was selling TP-Link USA’s AC1200 Wi-Fi Router and that it purportedly infringed U.S. Patent No. 7,057,960 based on its use of DDR4 memory (an industry standard type of computer memory). In response, the WilmerHale team filed a declaratory judgment complaint for TP-Link USA seeking a judgment of non-infringement in SDNY, where InnoMemory is based. After the WilmerHale team exposed multiple flaws in InnoMemory’s patent assertions, and threatened InnoMemory with sanctions, InnoMemory agreed to dismiss its patent infringement claims against TP-Link USA with prejudice and a $0 “walkaway” settlement. As part of the settlement, InnoMemory provided a release and covenant not to sue not just for the asserted patent but for its entire patent portfolio, including dozens of patents.

WilmerHale’s win for TP-Link USA is particularly notable given that InnoMemory has filed dozens of complaints against many major technology companies and financial institutions making nearly identical infringement allegations, and none have achieved the same result. TP-Link USA’s successful case against InnoMemory is further discussed in an article by Melissa Ritti at LexisNexis’s MLex titled “TP-Link Systems draws line in sand against ‘prolific’ patent litigant.” See https://www.mlex.com/mlex/articles/2143422/comment-tp-link-systems-draws-line-in-sand-against-prolific-patent-litigant.

The WilmerHale team included Michael Summersgill, Arthur Coviello, Grant Rowan, Jeff Johnson, Makenzi Herbst, Daniel Clark and Matt Hoff.