Untitled case

The patent infringement litigation, 1:24-cv-05537, is currently active in the Southern District of New York. The plaintiff in this case is Railware, Inc., a likely Non-Practicing Entity (NPE) or Patent Assertion Entity (PAE) that has a history of asserting its patents against various public transportation providers. The defendant is the New Jersey Transit Corporation (NJ Transit), a major public transportation operator. The lawsuit alleges infringement of U.S. Patent No. 9,517,782. While the specific accused products or services are not detailed in the available public records, given the nature of the defendant and Railware's other litigations, the claims likely pertain to railway or transportation-related control, communication, or operational systems.

The case was filed on July 22, 2024, and is assigned to Judge Margaret M. Garnett, with Magistrate Judge James L. Cott also designated to handle matters. The Southern District of New York is a significant venue for patent litigation. This particular case is notable as it is part of a broader pattern of litigation by Railware, Inc. against public transportation entities. Railware has previously initiated similar patent infringement lawsuits against other major transportation providers such as the National Railroad Passenger Corporation (Amtrak), Southeastern Pennsylvania Transportation Authority (SEPTA), and the Peninsula Corridor Joint Powers Board (Caltrain).

The consistent targeting of public transit authorities by Railware, Inc. suggests a strategic assertion of its patent portfolio within the transportation sector. Furthermore, related inter partes review (IPR) petitions have been filed against other "Railware Patents," specifically U.S. Patent No. RE49,115 and U.S. Patent No. RE47,835, by Westinghouse Air Brake Technologies Corporation (Wabtec), a supplier to some of the defendant transit agencies. This indicates a larger industry-wide dispute over the asserted technologies, highlighting the potential for this case to impact the broader rail and public transportation technology landscape.

The patent infringement litigation Railware, Inc. v. New Jersey Transit Corporation, Case No. 1:24-cv-05537, is currently active in the New York Southern District Court. The case involves U.S. Patent No. 9,517,782.

Here's a chronological summary of the key legal developments:

• Filing of Complaint (2024-07-22): Railware, Inc. filed a patent infringement lawsuit against New Jersey Transit Corporation in the Southern District of New York. The cause of action is listed as patent infringement under 35 U.S.C. § 271. The complaint refers to a previous lawsuit filed by Railware against Amtrak on June 15, 2022, also alleging infringement of the same patent (9,517,782).
• Motion to Dismiss and Stay Discovery (2024-09-06): Defendant New Jersey Transit Corporation filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim for Willful and Indirect Infringement. Concurrently, the Defendant also filed a Motion to Stay Discovery.
• Adjournment of Initial Scheduling (2024-09-10 onwards): The court initially scheduled a deadline for a joint report under Fed. R. Civ. P. 26(f) for September 12, 2024, and an Initial Pretrial Conference for September 19, 2024. However, these dates were adjourned pending the Court's decision on the Defendant's Motion to Dismiss. The court adopted the parties' proposed briefing schedule for the motion, with the Plaintiff's response due on October 16, 2024, and the Defendant's reply due on November 4, 2024.

As of the last available information, the court's decision on the Defendant's Motion to Dismiss and Motion to Stay Discovery is pending, and the case remains in the early stages of litigation. Further developments regarding an answer, counterclaims, discovery, claim construction, or trial will depend on the outcome of these motions.

Parallel PTAB IPR/PGR Proceedings:
A search for Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings related to U.S. Patent No. 9,517,782 on the USPTO's P-TACTS system did not immediately yield any public records of such proceedings. Therefore, there are no known parallel PTAB proceedings affecting this litigation at present.

In the patent infringement case Railware, Inc. v. New Jersey Transit Corporation, filed in the New York Southern District Court (1:24-cv-05537), the plaintiff, Railware, Inc., is represented by attorneys from Venable LLP.

The following attorneys are listed as counsel for Railware, Inc.:

• Andrew P. MacArthur

  • Role: Lead Counsel (not listed as pro hac vice, suggesting he is a New York-admitted attorney at Venable).
  • Firm & Office Location: Venable LLP, New York, NY.
  • Experience Note: MacArthur is a partner in Venable's Intellectual Property Litigation group and focuses on patent litigation across various technologies, often serving as lead counsel.

• Ralph A. Dengler

  • Role: Lead Counsel (admitted pro hac vice).
  • Firm & Office Location: Venable LLP, Washington, D.C. or Baltimore, MD (Venable's primary offices, requires further search to pinpoint his specific office if not New York).
  • Experience Note: Dengler is a partner and co-chair of Venable's Intellectual Property Division, with extensive experience in patent litigation, particularly in complex technology fields.

• Nicholas Marcello

  • Role: Lead Counsel (admitted pro hac vice).
  • Firm & Office Location: Venable LLP, Washington, D.C.
  • Experience Note: Marcello is an associate in Venable's Intellectual Property Litigation practice, focusing on patent and other intellectual property disputes.

• Hubert F. Ning

  • Role: Lead Counsel (admitted pro hac vice).
  • Firm & Office Location: Venable LLP, Washington, D.C.
  • Experience Note: Ning is an associate at Venable LLP, concentrating his practice on intellectual property litigation.

Further details on specific office locations for Messrs. Dengler, Marcello, and Ning beyond "Venable LLP" would require direct access to detailed attorney profiles which are typically found on firm websites. While they are listed as pro hac vice, indicating they are not members of the Southern District of New York bar and are specially admitted for this case, they serve as lead counsel.

Here is the counsel of record representing the defendant, New Jersey Transit Corporation, in the patent infringement case 1:24-cv-05537:

Defendant: New Jersey Transit Corporation

• Name: Ryan W. O'Donnell

  • Role: Lead Counsel
  • Firm: Volpe Koenig
  • Office Location: Philadelphia, Pennsylvania
  • Note: Chairs Volpe Koenig's Life Sciences practice group and has served as trial counsel in patent infringement disputes in U.S. Federal District Courts, the U.S. Court of Appeals for the Federal Circuit and Ninth Circuit, and before the International Trade Commission (ITC); experienced in USPTO inter partes review (IPR) proceedings.

• Name: John J. O'Malley

  • Role: Lead Counsel
  • Firm: Volpe Koenig
  • Office Location: Philadelphia, Pennsylvania
  • Note: Litigates and enforces intellectual property rights, including patents, trademarks, copyrights, unfair competition, and false advertising.