It takes a lot to get a legitimate audible laugh out of us at IPDE, but Judge Noreika managed it with one of her orders this week:
On 5/25/2023, the Court issued an Oral Order stating in part that "[t]he Court will not...accept further ex parte emails." Nevertheless, on 5/30/2023, the Court received an ex parte email stating: "We are not attempting to have an ex parte communication entered into the files. By the attached letter, we are attempting to comply with this Court's orders. Will you please provide the Honorable Judge Noreika the attached letter." The Court does not accept ex parte communications. The Court notes, however, that the referenced "attached letter" states that the patents-in-suit are "no longer owned by Vilox Technologies LLC or Vilox LLC" and those companies "no longer [have] standing." In light of counsel's representation, it appears that this Court does not have subject matter jurisdiction over these matters. On or before 6/2/2023, Oracle Corporation shall submit to the Court a letter addressing the standing issue.
Oracle Corp. v. Vilox Techs., LLC, C.A. No. 23-126-MN (D. Del. May 30, 2023) (Oral Order)
Presumably, the backup plan if the whole "this is not an ex parte communication" email didn't work was to call chambers at night and suggest that it was "alllll a spooookkyyy dreeeeammm."
As you might guess from this exchange, the whole case has been a pretty wild ride. Vilox apparently sued oracle for infringement in Texas, and Oracle counter-sued here for a declaratory judgment and breach of contract.
In the 5 months since, Vilox hasn't managed to obtain DE counsel. Perhaps relatedly, their lead counsel moved to withdraw, which the Court has yet to rule on.
Shortly after that, Vilox moved to stay the action via a short motion signed by their CEO. The Court struck he motion, noting that corporations can't appear pro se. This prompted that first ex parte email noted in the order above:
Today, the Court received an ex parte email in C.A. No. 23-126 (MN) and in 23-302 (MN), requesting the Court docket filings because Vilox "still does not have local Delaware counsel." The Court will not docket the filings and will not accept further ex parte emails.
Here's where it gets really good—Vilox then assigned the patents to that same CEO who tried to sign the documents earlier. He just filed a short (and surprisingly deft) motion to intervene noting that he's fine with his former lead counsel withdrawing as he is now free—as a natural person, rather than a corporate representative—to represent himself pro se.
We'll have to see how that all shakes out, but for the moment I am impressed by this truly inspired judo move.
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