Lexington Luminance LLC v. Google, Inc., C.A. No. 12-12218-GAO, 2014 WL 172203 (D. Mass. Jan. 16, 2014) (O’Toole, D.J.) [Motion to Intervene].

Plaintiff Lexington Luminance LLC (“Lexington”) filed this action against Google, Inc., claiming that Google’s Nexus 7 and 10 tablets infringes U.S. Patent No. 6,938,851 related to light-emitting devices (“LEDs”). The Court (O’Toole, D.J.) allowed Formosa Epitaxy, Inc. (“Forepi”), a Taiwanese manufacture, to intervene.

Forepi manufactured or supplied LEDs contained in the allegedly infringing products and agreed to indemnify Google. Accordingly, the Court found that permissive intervention under Fed. R. Civ. P. 24(a) was appropriate. Moreover, the Court found that intervention by Forepi will not cause undue delay or prejudice because the case is still in its infancy.