IP Watchdog: Navigating the Customer-Suit Exception in Texas Courts

O’Melveny partner Mark Liang and associate Nate Legum co-authored this article discussing the customer-suit exception (CSE) in Texas court patent cases. “The CSE applies where (1) in a first lawsuit, a patentee sues an accused infringer who is a customer, reseller, or user of the accused products and (2) in a second, later-filed lawsuit, the same patents and products are at issue, but the accused infringer is the manufacturer or supplier of those products,” the authors wrote. “Customer-defendants must make a clear showing that they are mere resellers or users of the accused products or components, and they must also be willing to be bound by the outcome on all liability issues from the manufacturer-suits.”

Read the full article here.