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Bracewell & Giuliani LLP Wins Multidistrict Litigation Decision for eBay, Sears and Overstock

December 13, 2012

eBay, Sears and Overstock received a favorable decision from the U.S. Judicial Panel on Multidistrict Litigation, who denied the motion for centralization for patent infringement actions lawsuit filed by plaintiff, Droplets Inc., a software development company. Bracewell & Giuliani LLP partner John H. Barr Jr., and associates Christopher A. Shield and Timothy R. Geiger served as the defendant’s counsel.

The decision upheld the defendant’s opposition for consolidation, arguing the claims in each case do not overlap fully.

In three related suits, Droplets has alleged that the websites of seventeen defendants, which include major financial trading houses, social media sites, e-retailers, and search engine providers, infringe their patents relating to thin-client computing. The accused website features are used pervasively throughout the Internet. The eBay action in the Eastern District of Texas has been pending since September 2011 and a claim construction briefing and hearing will resume early 2013.

Bracewell represents clients at every phase of the trial process, from pre-litigation negotiation through jury trial, bench trial, and appeal. The firm often pursues mediation, arbitration and other alternative-dispute resolution techniques, when these options enable us to meet our clients’ business objectives.