Jan

20

Durie Tangri Wins Summary Judgment of Invalidity

January 20, 2012

Durie Tangri won summary judgment of invalidity on behalf of Yelp! in a case which will impact pending cases against six other Durie Tangri clients.  In December 2010, EIT Holdings LLC filed a lawsuit against Yelp!, Netflix, eHarmony.com, Ticketmaster, LinkedIn, TheStreet.com and Priceline.com (and other defendants who we did not represent). The complaint alleged infringement of a patent related to personalization of Internet content.  All of the defendants except for Yelp! were dismissed from the lawsuit for misjoinder.  EIT then filed separate actions against each dismissed defendant.  Late last year, a team of lawyers from Durie Tangri consisting of Daralyn Durie, Ryan Kent and Eugene Novikov filed summary judgment in the Yelp! action.  On January 20, 2012, Judge William Alsup granted summary judgment of invalidity, finding that both asserted claims in the patent are invalid as anticipated.

The case is EIT Holdings LLC v. Yelp!, Inc. et al., CV 10 5623 (JCS) (N.D. Cal.).  To view Judge Alsup’s Order granting summary judgment, click here.