This case was last updated from U.S. District Courts on 12/23/2021 at 05:49:54 (UTC).

Acer, Inc. v. Volkswagen Group of America, Inc. et al

Case Summary

On December 15, 2021, Acer, Incorporated (“Plaintiff” or “Acer”), represented by James Daniel Berquist of Davidson Berquist Jackson & Gowdey LLP, filed an intellectual property lawsuit against Volkswagen AG (“Volkswagen AG”) and Volkswagen Group of America, Inc., (“VGOA”) (collectively “Defendants”), seeking declaratory relief and damages along with prejudgment and post-judgment interest, among other relief, for the alleged infringement of the United States Patents owned by Plaintiff. The case was filed in the United States District Court in the Eastern District of Virginia.

 

Plaintiff filed this case for the alleged infringement of the United States Patent No. 8,483,677 (the “’677 Patent”), United States Patent No. 8,787,304 (the “’304 Patent”), United States Patent No. 8,798,663 (the “’663 Patent”), United States Patent No.  9,363,059 (the “’059 Patent”) and United States Patent No. 9,426,765 (the “’765 Patent”) (collectively “the Patents in Suit”) owned by Plaintiff.

 

In the complaint, Plaintiff alleged that, “Defendants are infringing and continue to infringe at least claim 1 of the ’677 Patent under 35 U.S.C. § 271(a), literally and/or under the doctrine of equivalents, by making, using, selling, importing and/or offering to sell the Accused Products in the United States without a license.”

 

Plaintiff also alleged that, “On information and belief, Defendants have induced and are inducing infringement of one or more claims of the ’677 Patent under 35 U.S.C. §271(b), including the claims identified herein. Defendants have actively, knowingly, and intentionally induced infringement of the ’677 Patent by selling, offering to sell and/or importing into the United States the accused devices after being notified of the infringement by Plaintiff. These acts were done with the knowledge and specific intent that third parties, including the customers or downstream consumers, will continue to use, sell, offer for sale, or import the accused devices supplied by Defendants to infringe the Patents in Suit.”

 

Plaintiff further alleged that, “Defendants have had actual knowledge of their infringement since at least the date of this complaint and, on information and belief, since at least October 1, 2019, when they were informed that Acer joined the Avanci licensing platform and their affiliates Audi and Porsche became licensed under the ’677 Patent” and “On information and belief, Defendants have contributed to and are contributing to infringement of one or more claims of the ’677 Patent under 35 U.S.C. § 271(c), including the claims identified herein. Defendants have, after being notified of the infringement by Plaintiff, actively, knowingly, and intentionally contributed to infringement of the ’677 Patent by selling, offering to sell and/or importing into the United States accused devices for use in practicing the ’677 Patent.”

 

Similar allegations have been made by the Plaintiff with reference to the infringement of other Patents-in-suit. 

 

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

 

In the prayer for relief, Plaintiff has requested the court for declaratory relief and damages including accounting of all damages, post-trial damages in the form of a court-determined royalty along with prejudgment and post-judgment interest on the damages, and costs of this action (including all disbursements). Further, Plaintiff requested attorneys’ fees and any other relief the court deems just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01390

  • Filing Date:

    12/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Patricia Tolliver Giles

Referral Judge

Ivan D. Davis

 

Party Details

Plaintiff

Acer, Inc.

Defendants

Volkswagen Group of America, Inc.

Volkswagen AG

Attorney/Law Firm Details

Plaintiff Attorney

James Daniel Berquist

Attorney at Davidson Berquist Jackson & Gowdey LLP

8300 Greensboro Drivesuite 500

Mclean, VA 22102

 

Court Documents

#1

(#1) Complaint for Patent Infringement ( Filing fee $ 402, receipt number AVAEDC-8155135.), filed by Acer, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Berquist, James) (Entered: 12/15/2021)

1 #1

Exhibit A

1 #2

Exhibit B

1 #3

Exhibit C

1 #4

Exhibit D

1 #5

Exhibit E

1 #6

Civil Cover Sheet

#2

(#2) Corporate Disclosure Statement by Acer, Inc.. (Berquist, James) (Entered: 12/15/2021)

#3

(#3) Proposed Summons to Volkswagen Group of America, Inc. by Acer, Inc.. (Berquist, James) (Entered: 12/15/2021)

#4

(#4) Proposed Summons to Volkswagen AG by Acer, Inc.. (Berquist, James) (Entered: 12/15/2021)

#5

(#5) Summons Issued as to Volkswagen AG, Volkswagen Group of America, Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the Electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney)(choy, ) (Entered: 12/16/2021)

5 #1

Notice to Attorney

#6

(#6) SUMMONS Returned Executed by Acer, Inc. Volkswagen Group of America, Inc. served on 12/17/2021, answer due 1/7/2022 (Berquist, James) (Entered: 12/21/2021)

#7

(#7) SUMMONS Returned Executed by Acer, Inc. Volkswagen AG served on 12/17/2021, answer due 1/7/2022 (Berquist, James) (Entered: 12/21/2021)

4 More Documents Available
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Docket Entries

  • 12/21/2021
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  • Docket(#7) SUMMONS Returned Executed by Acer, Inc. Volkswagen AG served on 12/17/2021, answer due 1/7/2022 (Berquist, James) (Entered: 12/21/2021)

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  • 12/21/2021
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  • Docket(#6) SUMMONS Returned Executed by Acer, Inc. Volkswagen Group of America, Inc. served on 12/17/2021, answer due 1/7/2022 (Berquist, James) (Entered: 12/21/2021)

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  • 12/16/2021
  • View Court Documents
  • Docket(#5) Summons Issued as to Volkswagen AG, Volkswagen Group of America, Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the Electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney)(choy, ) (Entered: 12/16/2021)

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  • 12/15/2021
  • DocketInitial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Ivan D. Davis. (choy, ) (Entered: 12/16/2021)

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  • 12/15/2021
  • View Court Documents
  • Docket(#4) Proposed Summons to Volkswagen AG by Acer, Inc.. (Berquist, James) (Entered: 12/15/2021)

    Read MoreRead Less
  • 12/15/2021
  • View Court Documents
  • Docket(#3) Proposed Summons to Volkswagen Group of America, Inc. by Acer, Inc.. (Berquist, James) (Entered: 12/15/2021)

    Read MoreRead Less
  • 12/15/2021
  • View Court Documents
  • Docket(#2) Corporate Disclosure Statement by Acer, Inc.. (Berquist, James) (Entered: 12/15/2021)

    Read MoreRead Less
  • 12/15/2021
  • View Court Documents
  • Docket(#1) Complaint for Patent Infringement ( Filing fee $ 402, receipt number AVAEDC-8155135.), filed by Acer, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Berquist, James) (Entered: 12/15/2021)

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