Kramer Levin Obtains Early Dismissal of Patent Infringement Claims For WABCO and its Customers

Kramer Levin obtained dismissal with prejudice of all patent infringement claims asserted against WABCO and five of its customers by Elen IP, a non-practicing entity patent owner. WABCO, a global leader in commercial vehicle braking, stability, suspension and transmission control systems, was sued last year in the Western District of Washington (Seattle), which is emerging as a popular venue for plaintiffs to commence patent infringement suits.

Elen IP asserted that WABCO's RSSplus and RSS truck and bus rollover warning and prevention products, designed to prevent vehicle rollover accidents, infringed the claims of its patent. Based on WABCO’s compelling non-infringement defenses, initially presented in a motion to dismiss for failure to state a plausible cause of action, Kramer Levin convinced Judge Ricardo Martinez to issue an unusual Order which stayed general discovery and limited discovery to the threshold issue of infringement. This allowed Kramer Levin to establish in a cost effective manner that there was no basis for Elen IP to continue to pursue its patent infringement claims, leading to a stipulated dismissal of WABCO and its customers.

The Kramer Levin team included Intellectual Property partner Randy Lipsitz, and associates Aaron Frankel and Geoffrey G. Hu.