1/11/2024 0 Comments Emc corporationPetitioners sought orders to sever and transfer the claims against them to more appropriate venues, arguing that because there was no concert of action, the claims against them did not arise out of the same transaction or occurrence, as required by Rule 20 of the Federal Rules of Civil Procedure. In particular, petitioners are alleged to offer online backup and storage through web sites such as and com (EMC) (Carbonite) (Iron Mountain) (Go–Daddy) and (Pro Softnet). See Complaint at 7–12, Oasis Research, LLC v. The defendants in this case are all alleged to offer services that provide online backup and storage for home or business computer users. Specifically, the patents claim methods for allowing home computer users to remotely connect to an online service system for purposes of external data and program storage and additional processing capacities in exchange for a fee. Oasis asserted the method claims from four patents, U.S. Petitioners are eight of eighteen companies named as defendants in a single complaint filed by Oasis Research LLC (“Oasis”) in the Eastern District of Texas. We grant the petition in part and direct the district court to determine whether the claims “aris out of the same transaction, occurrence, or series of transactions or occurrences,” Fed.R.Civ.P. (“Pro Softnet”) join in EMC's petition, seeking to have the claims against them severed and transferred to federal district courts in Massachusetts, Arizona, and California. and Iron Mountain Information Management, Inc. (collectively, “EMC”) seek a writ of mandamus to direct the United States District Court for the Eastern District of Texas to sever and transfer the claims against them to the United States District Court for the District of Utah. Petitioners EMC Corp., Decho Corp., and Iomega Corp. Also on the brief was Elizabeth Rogers Brannen, Oracle Legal, of Redwood Shores, CA, for amicus curiae Oracle Corporation. McGil, Gibson, Dunn & Crutcher LLP, of Washington, DC, for amici curiae Cisco Systems, Inc. Desmarais, Desmarais LLP, of New York, NY, for respondent Oasis Research, LLC. Berretta, Knobbe, Martens, Olson & Bear, LLP, of San Diego, CA, for Pro Softnet Corporation. Etienne–Cummings, White & Case LLP, of Washington, DC, for Iron Mountain Incorporated, et al. Lacorte, Ballard Spahr LLP, of Phoenix, AZ, for, Inc. Lowrie, Foley & Lardner LLP, of Boston, MA, for Carbonite, Inc. Clark, EMC Corporation, of Hopkinton, MA. Ottenweller, Orrick, Herrington & Sutcliffe LLP, of Menlo Park, CA, for petitioners. Decided: May 04, 2012īefore RADER, Chief Judge, DYK and MOORE, Circuit Judges.Ĭhris R. IN RE: EMC CORPORATION, Decho Corporation, and Iomega Corporation, Petitioners. United States Court of Appeals,Federal Circuit.
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