Published August 24, 2023

In late 2022, an Irish non-practicing entity, Scramoge, asserted numerous patents in the Eastern District of Texas against BMW— an automobile manufacturer targeted for allegedly infringing Scramoge’s wireless charging patent portfolio.

After Scramoge entered into a settlement that rendered BMW’s accused products licensed, Scramoge voluntarily dismissed the case. When Scramoge failed to voluntarily dismiss the EDTX lawsuit against BMW with prejudice, even though it insisted there was no case or controversy, BMW countered with a declaratory judgment action for noninfringement in the Eastern District of Michigan and IPRs at the Patent Trial and Appeal Board. The one-two punch proved effective—confronted with BMW’s compelling IPRs and opposition to Scramoge’s motion to dismiss the declaratory judgment action, Scramoge quickly proposed settlement terms without any monetary contribution from BMW and its Affiliates to end the conflict, leading to what can only be described as a total victory for BMW.

The most recent cases are Scramoge Technology LTD v. Bayerische Motoren Werke AG, No. 2:22-cv-00472 (EDTX), BMW of North America, LLC v. Scramoge Technology LTD, No. 2:23-cv-10561-GAD-EAS (E.D. Mich.); BMW of North America, LLC, et al. v. Scramoge Technology LTD, IPR2023-00913 (P.T.A.B.); BMW of North America, LLC, et al. v. Scramoge Technology LTD, IPR2023-01048 (P.T.A.B.).


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