This case was last updated from PACER on 08/20/2021 at 08:25:47 (UTC).

American Patents LLC v. Zebra Technologies Corporation

Case Summary

On June 21, 2021, American Patents LLC (“American Patents” or “Plaintiff”) represented by C. Ryan Pinckney, Matthew Antonelli and Zachariah Harrington of Antonelli, Harrington & Thompson LLP, Catherine Bartles and Stafford Grigsby Helm Davis of Stafford Davis Firm, PC and Larry D. Thompson of Lorance and Thompson, P.C., filed an intellectual property lawsuit against Zebra Technologies Corporation (“Zebra” or “Defendant”), seeking permanent injunctive relief and damages with prejudgement and post judgement interests among other reliefs for the alleged unlawful infringement of United States patents owned by the Plaintiff. The case was filed in the United States District Court in Western District of Texas with Judge Alan D. Albright presiding. 

 

The Plaintiff filed this complaint for the alleged infringement of United States Patent No. 7,088,782 (“the ‘782 Patent”), United States Patent No. 7,310,304 (“the ‘304 Patent”), United States Patent No. 7,706,458 (“the ‘458 Patent”) and United States Patent No. 6,847,803 (“the ‘803 Patent”) (collectively, “Patents-in-suit”) owned by them.

 

In the complaint, the Plaintiff has alleged that, “The patents-in-suit generally pertain to communications networks and other technology used in “smart” devices such as smartphones, smart TVs, and smart appliances” and “American Patents is the owner of the ‘304 Patent, with all substantive rights in and to that patent, including the sole and exclusive right to prosecute this action and enforce the ‘304 Patent against infringers, and to collect damages for all relevant times.”

 

Further, the Plaintiff alleged that, “Zebra made, had made, used, imported, provided, supplied, distributed, sold, and/or offered for sale products and/or systems” and “By doing so, Zebra has directly infringed (literally and/or under the doctrine of equivalents) at least Claim 1 of the ‘304 Patent. Zebra’s infringement in this regard is ongoing.”

 

The Plaintiff also alleged that, “Zebra has had actual knowledge of the ‘304 Patent at least as of the date when it was notified of the filing of this action. By the time of trial, Zebra will have known and intended (since receiving such notice) that its continued actions would infringe and actively induce and contribute to the infringement of one or more claims of the ‘304 Patent.”

 

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

 

Additionally, the Plaintiff also alleged that, “Zebra has also indirectly infringed the ‘782 Patent, the ‘304 Patent, and the ‘458 Patent by inducing others to directly infringe the ‘782 Patent, the ‘304 Patent, and the ‘458 Patent. Zebra has induced the end-users, Zebra’s customers, to directly infringe (literally and/or under the doctrine of equivalents) the ‘782 Patent, the ‘304 Patent, and the ‘458 Patent by using the accused products.”

 

There are four 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 requested the Court for permanent injunctive relief along with damages and costs incurred by the Plaintiff due to the alleged infringing activities entitled under 35 U.S.C. § 284. The Plaintiff also requested the Court to award a reasonable ongoing royalty for alleged future infringement of the ‘782 Patent, the ‘304 Patent, and the ‘458 Patent. Further, the Plaintiff also requested the Court for accounting and damages along with treble damages and prejudgement and post-judgement interest and costs of litigation to Plaintiff. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00639

  • Filing Date:

    06/21/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

American Patents LLC

Defendant

Zebra Technologies Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Larry D. Thompson

Attorney at Antonelli, Harrington & Thompson LLP

2900 N. Loop W., Suite 500

Houston, TX 77092

Stafford Grigsby Helm Davis

Attorney at The Stafford Davis Firm, PC

815 South Broadway Avenue

Tyler, TX 75701

Zachariah Harrington

Attorney at Antonelli, Harrington & Thompson LLP

4306 Yoakum Blvd., Suite 450

Houston, TX 77006

Catherine Bartles

Attorney at Stafford Davis Firm, PC

815 S Broadway Ave

Tyler, TX 75701

Matthew Antonelli

Attorney at Antonelli, Harrington & Thompson LLP

4306 Yoakum Blvd., Suite 450

Houston, TX 77006

C. Ryan Pinckney

Attorney at Antonelli, Harrington & Thompson LLP

4306 Yoakum Blvd., Suite 450

Houston, TX 77006

Defendant Attorney

Steven R. Borgman

Attorney at Kilpatrick Townsend & Stockton LLP

700 Louisiana, 43Rd Floor

Houston, TX 77002

 

Court Documents

#14

(#14) NOTICE of Attorney Appearance by Steven R. Borgman on behalf of Zebra Technologies Corporation. Attorney Steven R. Borgman added to party Zebra Technologies Corporation(pty:dft) (Borgman, Steven) (Entered: 08/18/2021)

13 #1

Proposed Order

#13

(#13) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by American Patents LLC. (Attachments: #1 Proposed Order)(Davis, Stafford) (Entered: 07/22/2021)

#12

(#12) SUMMONS Returned Executed by American Patents LLC. Zebra Technologies Corporation served on 7/1/2021, answer due 7/22/2021. (Harrington, Zachariah) (Entered: 07/09/2021)

#11

(#11) NOTICE of Related Cases by American Patents LLC (Harrington, Zachariah) (Entered: 07/09/2021)

#10

(#10) RULE 7 DISCLOSURE STATEMENT filed by American Patents LLC. (Harrington, Zachariah) (Entered: 07/09/2021)

#9

(#9) Summons Issued as to Zebra Technologies Corporation. (ir) (Entered: 06/25/2021)

#8

(#8) REQUEST FOR ISSUANCE OF SUMMONS by American Patents LLC. (Harrington, Zachariah) (Entered: 06/25/2021)

#7

(#7) NOTICE of Attorney Appearance by C. Ryan Pinckney on behalf of American Patents LLC (Pinckney, C.) (Entered: 06/22/2021)

#6

(#6) NOTICE of Attorney Appearance by Matthew Antonelli on behalf of American Patents LLC (Antonelli, Matthew) (Entered: 06/22/2021)

#5

(#5) NOTICE of Attorney Appearance by Larry D. Thompson on behalf of American Patents LLC (Thompson, Larry) (Entered: 06/22/2021)

#4

(#4) NOTICE of Attorney Appearance by Catherine Bartles on behalf of American Patents LLC (Bartles, Catherine) (Entered: 06/22/2021)

#3

(#3) NOTICE of Attorney Appearance by Stafford Grigsby Helm Davis on behalf of American Patents LLC (Davis, Stafford) (Entered: 06/22/2021)

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Harrington, Zachariah) (Entered: 06/21/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14933444). No Summons requested at this time, filed by American Patents LLC. (Attachments: #1 Civil Cover Sheet)(Harrington, Zachariah) (Attachment 1 replaced on 6/21/2021) (lad). (Entered: 06/21/2021)

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Docket Entries

  • 08/18/2021
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  • Docket(#14) NOTICE of Attorney Appearance by Steven R. Borgman on behalf of Zebra Technologies Corporation. Attorney Steven R. Borgman added to party Zebra Technologies Corporation(pty:dft) (Borgman, Steven) (Entered: 08/18/2021)

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  • 07/27/2021
  • DocketReset Deadlines: Zebra Technologies Corporation answer due 8/21/2021. (ir) (Entered: 07/27/2021)

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  • 07/27/2021
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  • DocketText Order GRANTING #13 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Before the Court is the Parties Unopposed Motion for Extension of Time to Answer or Otherwise Respond to the Original Complaint. The Court, having considered the same, is of the opinion that the Motion should be GRANTED. It is therefore ORDERED as follows: The deadline for Defendant Zebra Technologies Corporation to answer or otherwise respond to the Original Complaint shall be extended by thirty (30) days to August 21, 2021. SO ORDERED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 07/27/2021)

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  • 07/22/2021
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  • Docket(#13) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by American Patents LLC. (Attachments: #1 Proposed Order)(Davis, Stafford) (Entered: 07/22/2021)

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  • 07/09/2021
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  • Docket(#12) SUMMONS Returned Executed by American Patents LLC. Zebra Technologies Corporation served on 7/1/2021, answer due 7/22/2021. (Harrington, Zachariah) (Entered: 07/09/2021)

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  • 07/09/2021
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  • Docket(#11) NOTICE of Related Cases by American Patents LLC (Harrington, Zachariah) (Entered: 07/09/2021)

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  • 07/09/2021
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  • Docket(#10) RULE 7 DISCLOSURE STATEMENT filed by American Patents LLC. (Harrington, Zachariah) (Entered: 07/09/2021)

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  • 06/25/2021
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  • Docket(#9) Summons Issued as to Zebra Technologies Corporation. (ir) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#8) REQUEST FOR ISSUANCE OF SUMMONS by American Patents LLC. (Harrington, Zachariah) (Entered: 06/25/2021)

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  • 06/22/2021
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  • Docket(#7) NOTICE of Attorney Appearance by C. Ryan Pinckney on behalf of American Patents LLC (Pinckney, C.) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#6) NOTICE of Attorney Appearance by Matthew Antonelli on behalf of American Patents LLC (Antonelli, Matthew) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#5) NOTICE of Attorney Appearance by Larry D. Thompson on behalf of American Patents LLC (Thompson, Larry) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#4) NOTICE of Attorney Appearance by Catherine Bartles on behalf of American Patents LLC (Bartles, Catherine) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#3) NOTICE of Attorney Appearance by Stafford Grigsby Helm Davis on behalf of American Patents LLC (Davis, Stafford) (Entered: 06/22/2021)

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  • 06/21/2021
  • 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: 06/21/2021)

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  • 06/21/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Harrington, Zachariah) (Entered: 06/21/2021)

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  • 06/21/2021
  • View Court Documents
  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14933444). No Summons requested at this time, filed by American Patents LLC. (Attachments: #1 Civil Cover Sheet)(Harrington, Zachariah) (Attachment 1 replaced on 6/21/2021) (lad). (Entered: 06/21/2021)

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