DUBLIN--(BUSINESS WIRE)--Scramoge Technology Ltd., an Irish-based company specializing in the licensing of technology in the field of wireless charging, responds to the misleading narrative (https://www.finnegan.com/en/firm/news/finnegan-and-bmw-successfully-dismantle-non-practicing-entitys-efforts.html) released by BMW’s counsel, Finnegan, Henderson, Farabow, Garrett & Dunner LLP. The true facts are far afield from the “one-two punch” described in Finnegan’s August 23, 2023 press release.
In 2022, Scramoge brought suit against BMW in the United States District Court for the Eastern District of Texas arising out of BMW’s infringement of patented technology owned by Scramoge. As a result of that lawsuit, BMW’s supplier of the accused infringing technology engaged in reasonable licensing discussions with Scramoge which resulted in a license. As a result, Scramoge was legally required to dismiss its action against BMW in Texas, and promptly did so. Despite the dismissal of such action, and the granting of the license, several months later BMW inexplicably maintained a subsequent action it brought against Scramoge in the Eastern District of Michigan seeking a declaratory judgment that BMW did not infringe Scramoge’s patented technology despite being advised that its supplier was licensed. When BMW and its counsel Finnegan refused to dismiss the Michigan action, Scramoge publicly filed a motion to dismiss BMW’s action with the Michigan Court. In that motion Scramoge also advised Finnegan that it would be liable to Scramoge for fees and costs incurred by Scramoge for BMW and Finnegan continuing to pursue the baseless Michigan action – Finnegan never responded. Before that motion was decided, Finnegan and BMW relented, agreeing to dismiss the Michigan action and additional challenges filed with the Patent and Trial Appeal Board, and the parties also submitted a pleading in Texas stipulating that they would consider the dismissal with prejudice.
Far from being a total victory for BMW, Scramoge successfully enforced its patent rights against companies, like BMW, who infringe the patented wireless charging technology.
- BMW of North America v. Scramoge Technology, 2:23-cv-10561-GAD-EAS (ED Mich)
- Scramoge Technology v. Bayerische Motoren Werke AG, 2:22-cv-00472-JRG-RSP (EDTX)
- BMW of North America v. Scramoge Technology, Case No. IPR2023-01048 , Case No. IPR2023-00913