This case was last updated from PACER on 10/19/2021 at 09:35:57 (UTC).

AlmondNet, Inc. v. Roku, Inc.

Case Summary

On August 20, 2021, AlmondNet, Inc. (“Plaintiff” or “AlmondNet”), represented by Reza Mirzaie of Russ August & Kabat, filed an intellectual property lawsuit against Roku, Inc. (“Defendant” or “Roku”), seeking injunctive relief, damages and costs along with pre- and post-judgement interests for the alleged infringement of United States Patents owned by the plaintiff. This case was filed in the U.S. District Court in the Western District of Texas.

 

The plaintiff filed this case for the alleged infringement of U.S. Patent No. 8,244,582 (the “’582 patent”), titled “method and stored program for accumulating descriptive profile data along with source information for use in targeting third-party advertisements”, U.S. Patent No 8,959,146 (the“ ’146 patent”), titled “media properties selection method and system based on expected profit from profile-based ad delivery” and U.S. Patent No 8,671,139 (the“ ’139 patent”), “titled media properties selection method and system based on expected profit from profile-based ad delivery” (collectively, the “Asserted Patents”) owned by the plaintiff.

 

In the complaint, the plaintiff alleged that, “On information and belief, Defendant makes, uses, offers for sale, sells, and/or imports certain products and services (“Accused Products”), such as, e.g., Roku’s advertising platform, that directly infringe, literally and/or under the doctrine of equivalents, claims of the ’582 patent. Defendant’s infringement has been and is willful. Defendant also knowingly and intentionally induces infringement of claims of the ‘582 patent in violation of 35 U.S.C. § 271(b).”

 

The plaintiff further alleged that, “On information and belief, Defendant makes, uses, offers for sale, sells, and/or imports certain products and services (“Accused Products”), such as, e.g., Roku’s advertising platform, that directly infringe, literally and/or under the doctrine of equivalents, claims of the ’146 patent. Defendant has also infringed, and continue to infringe, claims of the ’146 patent by offering to commercially distribute, commercially distributing, making, and/or importing the Accused Products, which are used in practicing the process, or using the systems, of the patent, and constitute a material part of the invention. Defendant has been, and currently are, contributorily infringing the ’146 patent, in violation of 35 U.S.C. § 271(c).”

 

The plaintiff also alleged that, “On information and belief, Defendant makes, uses, offers for sale, sells, and/or imports certain products and services (“Accused Products”), such as, e.g., Roku’s advertising platform, that directly infringe, literally and/or under the doctrine of equivalents, claims of the ’139 patent. Defendant has had knowledge of the ’139 patent and the infringing nature of the Accused Products at least as early as when this Complaint was  filed and/or earlier, as set forth above. Despite this knowledge of the ’139 patent, Defendant continues to actively encourage and instruct its customers and end users to use the Accused Products in ways that directly infringe the ’139 patent.”

 

There are three claims for relief laid down by the plaintiff; one for infringement of each of the Asserted Patents.

 

In its prayer for relief the plaintiff has requested the court for a permanent injunction prohibiting the defendant from further acts of infringement of the ’146 and ’139 Patents, a judgment in its favor that the defendant has infringed each of the Asserted Patents, and an order requiring the Defendant to pay damages, costs, expenses, pre- and post-judgment interests to the plaintiff for Defendant’s infringement of each of the Asserted Patents. The Plaintiff also requested for an order finding that this is an exceptional case within the meaning of 35 U.S.C. § 285. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00876

  • Filing Date:

    08/20/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff and Counter Defendant

AlmondNet, Inc.

Defendant and Counter Plaintiff

Roku, Inc.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

James Milkey

Attorney at Russ August & Kabat

12424 Wilshire Boulevard, 12Th Floor

Los Angeles, CA 90025

Marc A. Fenster

Attorney at Russ August & Kabat

12424 Wilshire Blvd., 12Th Floor

Los Angeles, CA 90025

Reza Mirzaie

Attorney at Russ August & Kabat

12424 Wilshire Blvd., 12Th Floor

Los Angeles, CA 90025

Defendant and Counter Plaintiff Attorneys

Wasif Qureshi

Attorney at Jackson Walker LLP

1401 Mckinney St, Suite 1900

Houston, TX 77010

Blake T. Dietrich

Attorney at Jackson Walker LLP

2323 Ross Ave., Ste. 600

Dallas, TX 75201

Leisa Talbert Peschel

Attorney at Jackson Walker L.L.P.

1401 Mckinney, Suite 1900

Houston, TX 77010

 

Court Documents

#11

(#11) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 10/13/2021)

#10

(#10) RULE 7 DISCLOSURE STATEMENT filed by Roku, Inc.. (Qureshi, Wasif) (Entered: 09/28/2021)

#9

(#9) ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against AlmondNet, Inc. by Roku, Inc..(Qureshi, Wasif) (Entered: 09/28/2021)

#8

(#8) NOTICE Of Unopposed Extension Of Answer Deadline by Roku, Inc. (Qureshi, Wasif) (Entered: 09/10/2021)

#7

(#7) SUMMONS Returned Executed by AlmondNet, Inc.. Roku, Inc. served on 8/24/2021, answer due 9/14/2021. (Mirzaie, Reza) (Entered: 09/01/2021)

#6

(#6) Summons Issued as to Roku, Inc.. (lad) (Entered: 08/23/2021)

#5

(#5) RULE 7 DISCLOSURE STATEMENT filed by AlmondNet, Inc.. (Mirzaie, Reza) (Entered: 08/20/2021)

#4

(#4) NOTICE OF RELATED CASES by AlmondNet, Inc. re #1 Complaint, (Mirzaie, Reza) (Entered: 08/20/2021)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Mirzaie, Reza) (Entered: 08/20/2021)

1 #7

Civil Cover Sheet

1 #6

Exhibit 6

1 #5

Exhibit 5

1 #4

Exhibit 4

1 #3

Exhibit 3

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

(#1) COMPLAINT FOR PATENT INFRINGEMENT AGAINST ROKU, INC. ( Filing fee $ 402 receipt number 0542-15141943), filed by AlmondNet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 08/20/2021)

7 More Documents Available
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Docket Entries

  • 10/08/2021
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  • Docket(#11) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 10/13/2021)

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  • 09/28/2021
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  • Docket(#10) RULE 7 DISCLOSURE STATEMENT filed by Roku, Inc.. (Qureshi, Wasif) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#9) ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against AlmondNet, Inc. by Roku, Inc..(Qureshi, Wasif) (Entered: 09/28/2021)

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  • 09/10/2021
  • DocketReset Deadlines: Roku, Inc. answer due 9/28/2021. (lad) (Entered: 09/10/2021)

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  • 09/10/2021
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  • Docket(#8) NOTICE Of Unopposed Extension Of Answer Deadline by Roku, Inc. (Qureshi, Wasif) (Entered: 09/10/2021)

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  • 09/01/2021
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  • Docket(#7) SUMMONS Returned Executed by AlmondNet, Inc.. Roku, Inc. served on 8/24/2021, answer due 9/14/2021. (Mirzaie, Reza) (Entered: 09/01/2021)

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  • 08/23/2021
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  • Docket(#6) Summons Issued as to Roku, Inc.. (lad) (Entered: 08/23/2021)

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  • 08/23/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 08/23/2021)

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  • 08/20/2021
  • DocketCase assigned to Judge Alan D Albright. 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. (lad) (Entered: 08/23/2021)

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  • 08/20/2021
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  • Docket(#5) RULE 7 DISCLOSURE STATEMENT filed by AlmondNet, Inc.. (Mirzaie, Reza) (Entered: 08/20/2021)

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  • 08/20/2021
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  • Docket(#4) NOTICE OF RELATED CASES by AlmondNet, Inc. re #1 Complaint, (Mirzaie, Reza) (Entered: 08/20/2021)

    Read MoreRead Less
  • 08/20/2021
  • View Court Documents
  • 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. (Mirzaie, Reza) (Entered: 08/20/2021)

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  • 08/20/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by AlmondNet, Inc.. (Mirzaie, Reza) (Entered: 08/20/2021)

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  • 08/20/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT AGAINST ROKU, INC. ( Filing fee $ 402 receipt number 0542-15141943), filed by AlmondNet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 08/20/2021)

    Read MoreRead Less
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