Dismissal granted based on first-to-file rule
Time Warner Cable v. GPNE Corp., C.A. No. 07-67-MPT, July 20, 2007.
Thynge, M.J. Defendant’s motion to dismiss in light of prior pending action was granted. The motion to stay or transfer was denied as moot.
Defendant filed litigation in Texas naming Time Warner Inc. as a defendant. Time Warner Cable Inc. was not named in Texas until after this Delaware litigation was filed by Time Warner Cable Inc. two days later. The Court dismissed the Delaware action because the Delaware and Texas actions involve the same facts and the same patent. Since Texas initially had jurisdiction over the subject of the Delaware action, the case in Delaware should be dismissed. The request to stay or transfer the Delaware action is denied as moot.
A copy of the full opinoin is available here.
