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December 09, 2020
In this high-stakes patent litigation, a team of Cadwalader litigators led by partner Dorothy Auth secured a major victory on behalf of their client Quantile Technologies Limited. Quantile – a startup in the field of optimizing over-the-counter (“OTC”) derivative products – was sued by its major competitor TriOptima AB for patent infringement, trade secret misappropriation and tortious interference in the Eastern District of Texas.
The Cadwalader team successfully obtained a rare grant of a motion to dismiss for lack of personal jurisdiction in favor of Quantile. Following limited discovery and argument before the Honorable James Rodney Gilstrap, Judge Gilstrap held that Quantile – a UK company – had insufficient contact with Texas to establish personal jurisdiction. In particular, the court held that a non-public internet-based portal with access to only out-of-state customers, who may fortuitously visit Texas and access the portal while in Texas, is not sufficient to constitute a purposeful availment of Texas to subject it to its personal jurisdiction. Separately, Quantile has successfully instituted two separate CBM invalidity proceedings in the U.S Patent Office challenging TriOptima’s asserted business method patents.
In addition to Dr. Auth, Quantile is also represented by special counsel Howard Wizenfeld and associates Dash Cole, Michael Powell, John Augelli, Jaclyn Hellreich and Jessica Talar in the district court action, and special counsel Danielle Tully also represents Quantile in the CBM proceedings.