Claims Dismissed Against RatnerPrestia Client Freixenet
Washington, D.C. | February 2014 – On January 31, 2014, patent infringement claims asserted against Freixenet USA, Inc. in the Eastern District of Texas were dismissed with prejudice by plaintiff Lamina Packaging Innovations, LLC. This comes after Freixenet’s hard-fought victory over Lamina in the International Trade Commission (ITC) in late 2013. The ITC investigation was the first to be instituted under the ITC’s new pilot program for early resolution, which has been referred to as an “anti-troll” measure designed to achieve early resolution of dispositive issues, and thereby promptly remove cases of questionable merit from the Commission’s docket with minimal inconvenience to the parties. After an accelerated proceeding, ITC Judge Essex issued an Initial Determination holding that Lamina failed to meet the economic prong of the domestic industry requirement, and terminated the investigation. On review, the full Commission summarily affirmed the Initial Determination. Lamina then appealed to the U.S. Court of Appeals for the Federal Circuit. While preparing to defend that decision before the Federal Circuit, all claims against Freixenet were dismissed with prejudice. Freixenet was represented by RatnerPrestia’s ITC practice group, including Brian P. O’Shaughnessy, Thomas G. Southard, and Brian S. Seal.
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