Dell loses Motion to Dismiss for Res Judicata

(March 25, 2019 – Tyler, Texas) Judge Jeremy D. Kernodle denied Dell’s Motion to Dismiss under Rule 12(b)(6) for Res Judicata in TXED 6:18-cv-0138, consolidated into 6:18-cv-0030, Dkt 158.  

Res Judicata (literally, ‘a thing judged’) is an argument that the question at hand has already been decided previously.  In this case, Dell was asserting that Cypress Lake Software’s previous and successful lawsuit against Dell over certain products running Windows 10 precluded it from now filing a similar case accusing Dell’s Chromebook offerings or Windows 7 products.  After 10 months of motion practice and a hearing, the judge agreed with Garteiser Honea and Cypress Lake Software, denying Dell’s Motion.

Representing Dell was Roger Fulghum of Baker Botts Houston, along with Natalie Alfaro Gonzales, Tammy Pennington and Ali Dhanani, all out of Baker Botts’ Houston office; and Paula Heyman from Baker Botts in Austin.  Also for Dell were Krista Sue Schwartz from Jones Day San Francisco, Sasha Mayergoyz of Jones Day Chicago, Sanjiv Laud from Jones Day Minneapolis, and David Anderson from Jones Day Cleveland.  Glenn Thames, Patrick Clutter, and Mike Jones from Potter Minton in Tyler also represented Dell.  At the hearing, voice for Dell was Deron Dacus of The Dacus Firm in Tyler.  Also in attendance was Senior Litigation Counsel from Dell and four attorneys representing Samsung.

Successfully arguing for Cypress Lake Software were Randall Garteiser and Christopher Honea of Garteiser Honea, along with Scott Fuller.