DLA Piper secures dismissal for BMW in licensing lawsuit

DLA Piper achieved a signicant dismissal for client Bayerische Motoren Werke AG and BMW of North America, LLC (collectively, “BMW”) in Wildcat v. BMW AG, et al in Delaware District Court.

On April 17, 2024, non-practicing patentee Wildcat Licensing WI LLC, (Wildcat), stipulated to dismiss with prejudice its claims against BMW. Wildcat filed this case against BMW on May 6, 2019, asserted US Patent Nos. RE47220 and RE47232, and alleged that BMW infringed the asserted patents by manufacturing certain vehicles using a particular fastening system or method in their manufacturing processes.

After litigating the matter for approximately 18 months, the Court stayed BMW’s matter pending the resolution of co-pending inter partes reviews (IPRs) of the two asserted patents filed by third parties.

In the IPRs, the Patent Trial and Appeal board found all of the asserted claims of the asserted patents to be valid, and on appeal the Federal Circuit affirmed that decision. Without any remaining valid asserted claims, Wildcat dismissed the complaint against BMW, with prejudice, and without BMW taking a license to Wildcat’s technology.

The DLA Piper team representing BMW was led by partner Brian Biggs (Wilmington) and retired partner Joe Lavelle (Washington D.C.), and included of counsel David Knudson (San Diego), and associate Stephanie Lim (Chicago).