On May 3, 2023, Judge David C. Nye of the U.S. District Court for the District of Idaho issued an order in Katana Silicon Technologies v. Micron Technology, 671 F.Supp.3d 1138 (D. Idaho 2023) and Micron Technology v. Longhorn IP, No. 1:22-cv-00273-DCN (D. Idaho July 5, 2022) (collectively, the litigations), imposing the first-ever bond order under Idaho’s Bad Faith Assertions of Patent Infringement Act (the act).

In that order, the court required patent owner Katana Silicon Technologies (Katana) or its parent company, Longhorn IP LLC (Longhorn), to post an $8 million bond before allowing Katana to proceed with its patent infringement suit against Micron Technology Inc. (Micron), further denying both Katana and Longhorn’s motions to dismiss. Katana and Longhorn have since appealed to the U.S. Court of Appeals for the Federal Circuit, where the appellate panel will consider Katana and Longhorn’s preemption challenge to the act and its bond provision. Oral argument in the appeal has not yet been scheduled.