Rozier Hardt McDonough successfully secured a meaningful victory for their client Liberty Access Technologies Licensing LLC (“Liberty Access”) in a declaratory judgment case brought by ASSA ABLOY Global Solutions, Inc. (“ASSA ABLOY”) in the Northern District of Illinois. On August 24, 2023, U.S. Senior District Judge Charles P. Kocoras of the Northern District of Illinois issued an order granting Liberty Access’s Motion to Transfer Venue to the U.S. District Court for the Eastern District of Texas where an earlier-filed case against other ASSA ABLOY entities is pending.
“We are delighted to have achieved this outcome for Liberty Access,” stated RHM partner and lead counsel C. Matthew Rozier.
The legal showdown commenced in February 2023 when ASSA ABLOY filed a lawsuit against Liberty Access in the U.S. District Court for the Northern District of Illinois, seeking a declaratory judgment of non-infringement concerning three of Liberty Access’ patents. Shortly thereafter, Liberty Access filed a motion for transfer of venue to the Eastern District of Texas to consolidate this case with two concurrent lawsuits Liberty Access is litigating against ASSA ABLOY’s parent companies and one of their clients, both of which assert the same trio of patents that were the basis of ASSA ABLOY’s declaratory judgment action.
After briefs were submitted by both sides, on August 24, 2023, U.S. Senior District Judge Charles P. Kocoras issued an order granting Liberty Access’ motion to transfer venue. The Court’s rationale was clear: “This case involves Texas companies; it is a dispute as to whether products designed and developed by a Texas-based company allegedly infringe the patents of a Texas company[;] Illinois’ only relationship to the controversy is the fact that there are several Marriott properties in the NDIL that use the allegedly infringing technologies.”