This case was last updated from U.S. District Courts on 04/24/2023 at 08:28:27 (UTC).

ADNEXUS INCORPORATED v. AMAZON.COM. INC.

Case Summary

On February 23, 2023, Adnexus Incorporated, LLC (“Adnexus” or “Plaintiff”), represented by R. Scott Rhoades and Sanford E. Warren, Jr. of Warren Rhoades LLP, filed an intellectual property lawsuit against Amazon.com Inc (“Amazon” or “Defendant”), seeking declaratory relief for alleged infringement of the U.S. patent owned by the plaintiff. This case was filed in the U.S. District Court for the Western District of Texas.

Plaintiff filed this complaint for the alleged infringement of U.S. patent No. 8,719,101 (“the ’101 Patent”) owned by the plaintiff.

In the complaint, the plaintiff stated, “On information and belief, Defendant is a Delaware corporation with a principal address of 410 Terry Avenue North, Seattle, Washington 98109 and has regular and established places of business throughout this District, including at least at 11501 Alterra Parkway, Austin, Texas 78758. Defendant is registered to do business in Texas and has may be served via its registered agent at Corporation Service Company DBA CSC - Lawyers Inco, located at 211 E. 7th Street Suite 620 Austin, Texas 78701.”

The plaintiff then alleged, “Defendant has committed acts of infringing the patent-in-suit within this District and the State of Texas by making, using, selling, offering for sale, and/or importing in or into this District and elsewhere in the State of Texas, products claimed by the patent-in-suit, including without limitation products made by practicing the claimed methods of the patent-in-suit.”

Plaintiff further stated, “Defendant, directly and through intermediaries, makes, uses, sells, offers for sale, imports, ships, distributes, advertises, promotes, and/or otherwise commercializes such infringing products into this District and the State of Texas. Defendant regularly conducts and solicits business in, engages in other persistent courses of conduct in, and/or derives substantial revenue from goods and services provided to residents of this District and the State of Texas.”

Plaintiff also alleged, “The term ‘Accused Instrumentalities’ or ‘Accused Products’ refers to, by way of example and without limitation, Amazon’s Amazon Ads. Defendant has, under 35 U.S.C. §271(a), directly infringed, and continues to directly infringe, literally and/or under the doctrine of equivalents, one or more claims, including without limitation at least claim 1 of the ’101 Patent, by making, using, testing, selling, offering for sale and/or importing into the United States Defendant’s Accused Products.”

The plaintiff then alleged, “On information and belief, Defendant has made no attempt to design around the claims of the ’101 Patent. Defendant did not have a reasonable basis for believing that the claims of the ’101 Patent were invalid. On information and belief, Defendant’s Accused Products are available to businesses and individuals throughout the United States and in the State of Texas, including in this District.”

The plaintiff additionally alleged, “The claim charts attached hereto as Exhibit B describes how the elements of an exemplary claim 1 from the ’101 Patent are infringed by the Accused Products. This provides details regarding only one example of Defendant’s infringement, and only as to a single patent claim. Plaintiff reserves its right to amend and fully provide its infringement arguments and evidence thereof until its Preliminary and Final Infringement Contentions are later produced according to the Court’s scheduling order in this case.”

Plaintiff stated one claim for relief from alleged infringement of the ’101 Patent owned by the plaintiff.

In the prayer for relief, the plaintiff requested declaratory relief along with an award of damages and costs with pre- and post-judgment interest.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:23-CV-00148

  • Filing Date:

    02/23/2023

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Jason K. Pulliam

 

Party Details

Plaintiff

ADNEXUS INCORPORATED

Defendant

AMAZON.COM. INC.

Attorney/Law Firm Details

Plaintiff Attorneys

R. Scott Rhoades

Sanford E. Warren, Jr.

Defendant Attorneys

J. David Hadden

Ravi Ranganath

Saina S. Shamilov

Dargaye Churnet

Eric B. Young

 

Court Documents

#17

(#17) ORDER GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Dargaye Churnet for AMAZON.COM. INC.. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Jason K. Pulliam. (sm3) (Entered: 03/22/2023)

#15

(#15) RULE 7 DISCLOSURE STATEMENT filed by AMAZON.COM. INC.. (Young, Eric) (Entered: 03/20/2023)

14 #1

Proposed Order Granting Agreed Motion for Extension of Time to Answer or Otherwi

#14

(#14) Agreed MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Respond by AMAZON.COM. INC.. (Attachments: #1 Proposed Order Granting Agreed Motion for Extension of Time to Answer or Otherwise Respond)(Young, Eric) (Entered: 03/20/2023)

#13

(#13) MOTION to Appear Pro Hac Vice by Dargaye Churnet ( Filing fee $ 100 receipt number ATXWDC-17218385) by on behalf of AMAZON.COM. INC.. (Churnet, Dargaye) (Entered: 03/20/2023)

#12

(#12) NOTICE of Attorney Appearance by Eric B. Young on behalf of AMAZON.COM. INC.. Attorney Eric B. Young added to party AMAZON.COM. INC.(pty:dft) (Young, Eric) (Entered: 03/20/2023)

#11

(#11) NOTICE of Attorney Appearance by Ravi Ranganath on behalf of AMAZON.COM. INC.. Attorney Ravi Ranganath added to party AMAZON.COM. INC.(pty:dft) (Ranganath, Ravi) (Entered: 03/20/2023)

#10

(#10) NOTICE of Attorney Appearance by Saina S. Shamilov on behalf of AMAZON.COM. INC.. Attorney Saina S. Shamilov added to party AMAZON.COM. INC.(pty:dft) (Shamilov, Saina) (Entered: 03/20/2023)

#9

(#9) NOTICE of Attorney Appearance by J. David Hadden on behalf of AMAZON.COM. INC.. Attorney J. David Hadden added to party AMAZON.COM. INC.(pty:dft) (Hadden, J.) (Entered: 03/20/2023)

#8

(#8) SUMMONS Returned Executed by ADNEXUS INCORPORATED. AMAZON.COM. INC. served on 3/8/2023, answer due 3/29/2023. (Warren, Sanford) (Entered: 03/14/2023)

#7

(#7) STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (bot1) (Entered: 02/27/2023)

#6

(#6) NOTICE of Attorney Appearance by Sanford E. Warren, Jr on behalf of ADNEXUS INCORPORATED (Warren, Sanford) (Entered: 02/24/2023)

#5

(#5) RULE 7 DISCLOSURE STATEMENT filed by ADNEXUS INCORPORATED. (Warren, Sanford) (Entered: 02/24/2023)

#4

(#4) Summons Issued as to AMAZON.COM. INC.. (ad3) (Entered: 02/24/2023)

1 #3

Supplement USPTO Report on Litigation Filing

1 #2

Exhibit EXHIBIT A

1 #1

Civil Cover Sheet

1 #1

Main Document

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Docket Entries

  • 03/22/2023
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  • Docket(#17) ORDER GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Dargaye Churnet for AMAZON.COM. INC.. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Jason K. Pulliam. (sm3) (Entered: 03/22/2023)

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  • 03/21/2023

  • DocketSet/Reset Deadlines (sm3) (Entered: 03/21/2023)

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  • 03/21/2023
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  • Docket(#16) Text Order GRANTING #14 Agreed Motion for Extension of Time to Answer or Otherwise Respond. The deadline for Defendant to answer or otherwise respond to #1 Complaint is hereby extended to May 15, 2023. Entered by Judge Jason K. Pulliam. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rw) (Entered: 03/21/2023)

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  • 03/20/2023
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  • Docket(#15) RULE 7 DISCLOSURE STATEMENT filed by AMAZON.COM. INC.. (Young, Eric) (Entered: 03/20/2023)

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  • 03/20/2023
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  • Docket(#14) Agreed MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Respond by AMAZON.COM. INC.. (Attachments: #1 Proposed Order Granting Agreed Motion for Extension of Time to Answer or Otherwise Respond)(Young, Eric) (Entered: 03/20/2023)

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  • 03/20/2023
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  • Docket(#13) MOTION to Appear Pro Hac Vice by Dargaye Churnet ( Filing fee $ 100 receipt number ATXWDC-17218385) by on behalf of AMAZON.COM. INC.. (Churnet, Dargaye) (Entered: 03/20/2023)

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  • 03/20/2023
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  • Docket(#12) NOTICE of Attorney Appearance by Eric B. Young on behalf of AMAZON.COM. INC.. Attorney Eric B. Young added to party AMAZON.COM. INC.(pty:dft) (Young, Eric) (Entered: 03/20/2023)

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  • 03/20/2023
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  • Docket(#11) NOTICE of Attorney Appearance by Ravi Ranganath on behalf of AMAZON.COM. INC.. Attorney Ravi Ranganath added to party AMAZON.COM. INC.(pty:dft) (Ranganath, Ravi) (Entered: 03/20/2023)

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  • 03/20/2023
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  • Docket(#10) NOTICE of Attorney Appearance by Saina S. Shamilov on behalf of AMAZON.COM. INC.. Attorney Saina S. Shamilov added to party AMAZON.COM. INC.(pty:dft) (Shamilov, Saina) (Entered: 03/20/2023)

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  • 03/20/2023
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  • Docket(#9) NOTICE of Attorney Appearance by J. David Hadden on behalf of AMAZON.COM. INC.. Attorney J. David Hadden added to party AMAZON.COM. INC.(pty:dft) (Hadden, J.) (Entered: 03/20/2023)

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  • 03/14/2023
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  • Docket(#8) SUMMONS Returned Executed by ADNEXUS INCORPORATED. AMAZON.COM. INC. served on 3/8/2023, answer due 3/29/2023. (Warren, Sanford) (Entered: 03/14/2023)

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  • 02/27/2023
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  • Docket(#7) STANDING ORDER for procedure in cases before Judge Pulliam. All parties and counsel are directed to review Judge Pulliam's Standing Order containing rules of practice, particularly the requirement of conference before filing a Motion to Dismiss under Federal Rule 12(b)(6) and demonstration of complete diversity. Failure to follow these rules of practice could result in the Court striking the Motion to Dismiss on its own initiative without further notice. Signed by Judge Jason Pulliam. (bot1) (Entered: 02/27/2023)

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  • 02/24/2023
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  • Docket(#6) NOTICE of Attorney Appearance by Sanford E. Warren, Jr on behalf of ADNEXUS INCORPORATED (Warren, Sanford) (Entered: 02/24/2023)

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  • 02/24/2023
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  • Docket(#5) RULE 7 DISCLOSURE STATEMENT filed by ADNEXUS INCORPORATED. (Warren, Sanford) (Entered: 02/24/2023)

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  • 02/24/2023
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  • Docket(#4) Summons Issued as to AMAZON.COM. INC.. (ad3) (Entered: 02/24/2023)

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  • 02/23/2023

  • DocketCase assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (ad3) (Entered: 02/24/2023)

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  • 02/23/2023
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Warren, Sanford) (Entered: 02/23/2023)

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  • 02/23/2023
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by ADNEXUS INCORPORATED. (Warren, Sanford) (Entered: 02/23/2023)

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  • 02/23/2023
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17117617), filed by ADNEXUS INCORPORATED. (Attachments: #1 Civil Cover Sheet, #2 Exhibit EXHIBIT A, #3 Supplement USPTO Report on Litigation Filing)(Warren, Sanford) (Entered: 02/23/2023)

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