Dell Counterclaims Nixed in Server, Networking Patent Dispute

Dell Inc. had several counterclaims against a patent owner’s suit concerning server and networking devices dismissed after a Texas judge ruled the technology giant’s allegations were toosimilar to its affirmative defense.

Seven of Dell’s counterclaims seeking declaratory judgment and its affirmative defense involving marking requirements similarly argue Cloud Byte LLC didn’t give notice its protected technology was patented, according to a memorandum order and opinion filed Jan. 30 in the US District Court for the Eastern District of Texas.

Judge Rodney Gilstrap said Dell has taken the opportunity to assert the marking defense during the litigation and ...