Chrimar Systems, Inc. v. Cisco Systems, Inc.

Good Law

72 F. Supp. 3d 1012·2014 WL 5477666·2014 U.S. Dist. LEXIS 153393

United States District Court, Northern District of CaliforniaOctober 29, 2014No. C 13-01300 JSWCalifornia3,157 words

Opinion

Lead Opinion

White, J.

ORDER REGARDING MOTION FOR JUDGMENT ON THE PLEADINGS

Now before the Court is the motion by Plaintiff ChriMar Systems Inc. d/b/a/ CMS Technologies and ChriMar Holding Company, LLC (collectively, “ChriMar”) for judgment on the pleadings regarding the antitrust counterclaims filed by Defendants Cisco Systems, Inc. and Linksys LLC (together, “Cisco”) and by Defendant Hewlett-Packard Company (“HP”) (collectively, “Defendants”). Having considered the parties’ pleadings and relevant legal authority, the Court hereby grants Chri-Mar’s motion.

BACKGROUND

On October 31, 2011, ChriMar filed this patent infringement action against Defendants, accusing them of infringing United States Patent,No. 7,457,250 (“'250 Patent”). Cisco filed counterclaims on January 6, 2012 and amended its counterclaims on December 26, 2012. HP filed counterclaims on December 26, 2012.

In their counterclaims, Defendants allege that the Institute of Electrical and Electronics Engineers (“IEEE”) is a standard setting organization and that it amended the 802.3 standard with the 802.3af and 802.3 at standards. (Cisco’s First Amended Counterclaims (“FAC”), ¶¶ 19-21; HP’s Counterclaims, ¶¶ 18-20.) The IEEE has a “…

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