Summary: Newegg is still clear of any blemishes on their record and the $2.3 million award that a jury decided should be paid to TQP Development LLC is no more.
After a year of their case unknowingly sitting in limbo, the lawsuit against Newegg and the $2.3 million jury award has been dismissed. A clerical error occurred when a deputy clerk accidentally placed a stay order on the case instead of on another case with a similar docket number. This caused the case to not appear on the list of pending cases that is reported to the Administrative Office of the Courts.
Newegg filed a writ of mandamus with the U.S Court of Appeals for the Federal Circuit on the patent infringement case against them from 2013. Their request was answered two days later by an unhappy U.S. District Judge. Judge Rodney Gilstrap was not pleased that Newegg went straight to filing a request with Federal Circuit instead of coming to him to find out what was taking so long for him to rule in the post-trial motion.
While Gilstrap found that Newegg had not infringed on TQP Development LLC’s web encryption patent, he was not happy that Newegg’s general counsel, Lee Cheng, decided to “shoot first and ask questions later.” Cheng had been vocal in his criticism of the way Gilstrap handled the case.
Cheng stated that “he’d done everything he could to get a ruling.” Newegg had formally requested a hearing in November and contacted the court three other times. Gilstrap acknowledged the hearing request in his order.
TQP was represented by Marc Fenster of Russ August & Kabat.
Newegg still has an unblemished trial record.
Source: http://www.therecorder.com/id=1202732268503/Neweggs-Squeaky-Writ-Gets-Greased
Photo: tomshardware.com