This case was last updated from U.S. District Courts on 10/05/2021 at 08:28:00 (UTC).

5G IP Holdings LLC v. SAMSUNG ELECTRONICS AMERICA, INC. et al

Case Summary

On August 6, 2021, 5G IP Holdings, LLC (“5GIP” or “Plaintiff”), represented by Adam Auchter Allgood, Alan Michael Fisch, and Ken K. Fung of Fisch Sigler, LLP, filed an intellectual property lawsuit against Samsung Electronics Co. Ltd., Samsung Electronics America, Inc. and Samsung Research America (collectively, “Defendants” or “Samsung”) seeking damages and attorneys’ fees and costs pursuant to 35 U.S.C. § 285 for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in the United States District Court in the Eastern District of Texas with Judge Sean D. Jordan presiding.

The Plaintiff filed the complaint for the alleged infringement of the United States Patent No. 10,624,150 entitled “Radio Resource Control Connection Resume Method of Wireless Communication System” (“the ’150 Patent”); U.S. Patent no. 10,813,163 entitled “Devices and Methods for Controlling Discontinuous Reception in New Radio” (“the ’163 Patent”); U.S. Patent No. 10,868,649 entitled “Method for Signaling Bandwidth Part (BWP) indicators and Radio Communication Equipment Using the Same” (“the ’649 Patent”) (collectively referred as, Patents-in-suit) owned by Plaintiff. 

In the complaint, the Plaintiff alleged that, “Defendant Samsung has infringed and is infringing, either literally or under the doctrine of equivalents, at least claim 1 of the ’150 Patent in violation of 35 U.S.C. § 271 et seq., directly and/or indirectly, by, using, offering for sale, or selling in the United States, and/or importing into the United States without authority or license, products that implement and support the 5G Standard including but not limited to 3GPP TS 38.304 and 38.331.”

The Plaintiff also alleged that, “Samsung has and continues to indirectly infringe one or more claims of the ’150 Patent by knowingly and intentionally inducing others, including Samsung customers, resellers, distributors, retailers, and end-users, to directly infringe, either literally or under the doctrine of equivalents, by making, using, offering to sell, selling, and/or importing into the United States products that include infringing technology, such as Samsung 5G phones and tablets.”

Further, the Plaintiff alleged that, “Samsung was heavily involved in the development of the 5G Standard. And FGI unambiguously declared the ’150 Patent as standard essential to the 5G Standard. Thus, Samsung knew or should have known of the ’150 Patent and of its infringement. And Samsung also had actual knowledge of the ’150 Patent and its infringement through the filing and service of this Complaint.”

Similar allegations have been made by the Plaintiff against the other Patents in suit.

There are three claims for relief laid down by the Plaintiff, one for the alleged infringement of each of the Patents-in-suit.

In the prayer for relief, the Plaintiff has requested the Court to pass an order for an award to Plaintiff 5GIP of such damages under 35 U.S.C. § 284 as proven against Defendants for infringement of the ’150 Patent, ’163 Patent, and ’649 Patent, together with prejudgment and post-judgment interest with an increase in the award of damages to Plaintiff 5GIP up to three times the amount of its actual damages for Defendants’ willful infringement and costs, expenses and reasonable attorney fees, pursuant to 35 U.S.C. §§ 285.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00622

  • Filing Date:

    08/06/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Sean D. Jordan

 

Party Details

Plaintiff

5G IP Holdings LLC

Defendants

SAMSUNG ELECTRONICS AMERICA, INC.

Samsung Research America

Samsung Electronics Co. LTD.,

Attorney/Law Firm Details

Plaintiff Attorneys

Adam Auchter Allgood

Attorney at Fisch Sigler LLP - DC

5301 Wisconsin Avenue Nw, Fourth Floor

Washington, DC 20015

Ken K Fung

Attorney at Fisch Sigler, LLP - San Mateo

400 Concar Dr.

San Mateo, CA 94402

Alan Michael Fisch

Attorney at Fisch Sigler LLP - DC

5301 Wisconsin Avenue Nw, Fourth Floor

Washington, DC 20015

Jeffrey M. Saltman

Attorney at Fisch Sigler LLP - DC

5301 Wisconsin Avenue Nw, Fourth Floor

Washington, DC 20015

Kyle K Tsui

Attorney at Fisch Sigler LLP - DC

5301 Wisconsin Avenue Nw, Fourth Floor

Washington, DC 20015

R. William Sigler

Attorney at Fisch Sigler LLP - DC

5301 Wisconsin Avenue Nw, Fourth Floor

Washington, DC 20015

Defendant Attorney

Melissa Richards Smith

Attorney at Gillam & Smith, LLP

303 South Washington Avenue

Marshall, TX 75670

 

Court Documents

#15

14 #1

Text of Proposed Order

#14

#13

#12

#11

#10

#9

#8

#7

#6

#5

#4

#3

#2

1 #4

Civil Cover Sheet

1 #3

Exhibit C - US10868649

1 #2

Exhibit B - US10813163

10 More Documents Available
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Docket Entries

  • 08/27/2021
  • DocketAnswer Due Deadline Updated for SAMSUNG ELECTRONICS AMERICA, INC. to 11/15/2021; Samsung Electronics Co. LTD., to 11/15/2021; Samsung Research America to 11/15/2021. (rpc, ) (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#15) ORDER granting #14 Motion for Extension of Time to Answer. Signed by District Judge Sean D. Jordan on 8/27/2021. (rpc, ) (Entered: 08/27/2021)

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  • 08/26/2021
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  • Docket(#14) Joint MOTION for Extension of Time to File Answer , MOVE, OR OTHERWISE RESPOND TO PLAINTIFFS COMPLAINT AND WAIVER OF FOREIGN SERVICE REQUIREMENT by SAMSUNG ELECTRONICS AMERICA, INC., Samsung Electronics Co. LTD.,, Samsung Research America. (Attachments: #1 Text of Proposed Order)(Smith, Melissa) (Entered: 08/26/2021)

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  • 08/10/2021
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  • Docket(#13) NOTICE of Attorney Appearance - Pro Hac Vice by Kyle K Tsui on behalf of 5G IP Holdings LLC. Filing fee $ 100, receipt number 0540-8530747. (Tsui, Kyle) (Entered: 08/10/2021)

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  • 08/10/2021
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  • Docket(#12) NOTICE of Attorney Appearance - Pro Hac Vice by Jeffrey M. Saltman on behalf of 5G IP Holdings LLC. Filing fee $ 100, receipt number 0540-8530709. (Saltman, Jeffrey) (Entered: 08/10/2021)

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  • 08/10/2021
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  • Docket(#11) NOTICE of Attorney Appearance - Pro Hac Vice by R. William Sigler on behalf of 5G IP Holdings LLC. Filing fee $ 100, receipt number 0540-8530624. (Sigler, R.) (Entered: 08/10/2021)

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  • 08/09/2021
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  • Docket(#10) SUMMONS REISSUED as to Samsung Research America. (rpc, ) (Entered: 08/09/2021)

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  • 08/06/2021
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  • Docket(#9) NOTICE of Attorney Appearance by Ken K Fung on behalf of 5G IP Holdings LLC (Fung, Ken) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#8) SUMMONS Issued as to Samsung Electronics Co. LTD. (rpc, ) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#7) SUMMONS Issued as to Samsung Research America. (rpc, ) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#6) SUMMONS Issued as to SAMSUNG ELECTRONICS AMERICA, INC. (rpc, ) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#5) NOTICE of Attorney Appearance by Adam Auchter Allgood on behalf of 5G IP Holdings LLC (Allgood, Adam) (Entered: 08/06/2021)

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  • 08/06/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) (Entered: 08/06/2021)

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  • 08/06/2021
  • DocketCase Assigned to District Judge Sean D. Jordan. (rpc, ) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#4) NOTICE of Attorney Appearance by Alan Michael Fisch on behalf of 5G IP Holdings LLC (Fisch, Alan) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#3) CORPORATE DISCLOSURE STATEMENT filed by 5G IP Holdings LLC (Fisch, Alan) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Fisch, Alan) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0540-8526905.), filed by 5G IP Holdings LLC. (Attachments: #1 Exhibit A - US10624150, #2 Exhibit B - US10813163, #3 Exhibit C - US10868649, #4 Civil Cover Sheet)(Fisch, Alan) (Entered: 08/06/2021)

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