United States Court of Appeals for the Federal Circuit ______________________ INTELLECTUAL VENTURES I LLC, INTELLECTUAL VENTURES II LLC, Plaintiffs-Appellees INVENTION INVESTMENT FUND II, LLC, INTELLECTUAL VENTURES MANAGEMENT, LLC, INVENTION INVESTMENT FUND I, L.P., Third Party Defendants-Appellees v. CAPITAL ONE FINANCIAL CORPORATION, CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION, CAPITAL ONE, NATIONAL ASSOCIATION, Defendants/Third Party Plaintiffs-Appellants ______________________ 2018-1367 ______________________ Appeal from the United States District Court for the District of Maryland in No. 8:14-cv-00111-PWG, Judge Paul W. Grimm. ______________________ Decided: September 10, 2019 ______________________ ROBERT E. FREITAS, Freitas & Weinberg LLP, Redwood City, CA, argued for plaintiffs-appellees and third party de- fendants-appellees. Also represented by JESSICA N. LEAL, 2 INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP DANIEL J. WEINBERG. MATTHEW J. MOORE, Latham & Watkins LLP, Wash- ington, DC, argued for defendants/third party plaintiffs-ap- pellants. Also represented by GABRIEL BELL, ALAN J. DEVLIN, ADAM MICHAEL GREENFIELD; ALEXANDER REICHER, CHRISTOPHER S. YATES, San Francisco, CA; ROBERT A. ANGLE, Troutman Sanders LLP, Richmond, VA. MICHAEL MURRAY, Antitrust Division, United States Department of Justice, Washington, DC, argued for amicus curiae United States. Also represented by FRANCES ELISABETH MARSHALL, MAKAN DELRAHIM, ANDREW C. FINCH, JAMES FREDRICKS, KRISTEN CEARA LIMARZI, ROBERT NICHOLSON, MARY HELEN WIMBERLY. MARK STEPHEN HEGEDUS, Office of General Counsel, Federal Trade Commission, Washington, DC, for amicus curiae Federal Trade Commission. Also represented by ALDEN F. ABBOTT, JOHN DUBIANSKY, JOEL MARCUS, SUZANNE MUNCK AF ROSENSCHOLD, HAIDEE L. SCHWARTZ. ______________________ Before PROST, Chief Judge, BRYSON and REYNA, Circuit Judges. BRYSON, Circuit Judge. This appeal stems from a patent infringement action brought in 2014 in the District of Maryland before Judge Paul W. Grimm. The action was instituted by Intellectual Ventures I LLC and Intellectual Ventures II LLC against Capital One Financial Corporation and two other affiliated companies: Capital One (Bank) USA, National Association; and Capital One, National Association (collectively “Capital One”). The action in this case was preceded by a similar patent infringement action brought by Intellectual Ventures I LLC and Intellectual Ventures II LLC in 2013 against Capital One in the Eastern District of Virginia INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL 3 CORP before Judge Anthony J. Trenga. The infringement claims in both cases were resolved against Intellectual Ventures I LLC and Intellectual Ventures II LLC, first by the two trial courts and then on appeal. See Intellectual Ventures I LLC v. Capital One Fin. Corp., Civil Action No. 1:13-cv-00740, 2014 WL 1513273 (E.D. Va. Apr. 16, 2014), aff’d, 792 F.3d 1363 (Fed. Cir. 2015); Intellectual Ventures I LLC v. Capital One Fin. Corp., 127 F. Supp. 3d 506 (D. Md. 2015), aff’d, 850 F.3d 1332 (Fed. Cir. 2017). In both cases, Capital One filed antitrust counterclaims against Intellectual Ventures I LLC and Intellectual Ventures II LLC, and it filed third-party antitrust complaints against three other companies affiliated with IV: Invention Investment Fund II, LLC; Intellectual Ventures Management, LLC; and Invention Investment Fund I, L.P. 1 In both cases, the counterclaims and third-party claims were resolved against Capital One. The district ...
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