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Judge Connolly Dismisses DJ Complaint Missing a Fraud-Related Claim

March 15, 2024

Delaware Chief Judge Colm F. Connolly has dismissed a declaratory judgment action filed by Power Integrations against Texas monetization firm IP Edge LLC; its “consulting” arm MAVEXAR LLC; an IP Edge-tied plaintiff Waverly Licensing LLC; and an IP Edge-tied intermediary Array IP LLC. The court notes that the complaint in question contains only a claim for a declaratory judgment of noninfringement of a single wireless charging patent, a claim mooted by the pack of covenants not to sue granted to Power Integrations by the four named defendants. Given the language of the dismissal memorandum, had Power Integrations pleaded “a RICO count with mail or wire fraud predicates”, the outcome might have been different.


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