On April 01, 2021, Aperture IP LLC (“Aperture” or “Plaintiff”), represented by Cecil Elvis Key, Jr. of Law Offices of Cecil Key filed an Intellectual property lawsuit against Frontpoint Security Solutions LLC. (“Frontpoint Security'' or “Defendant”), seeking damages, prejudgment and post-judgement interest for unlawful infringement of image Sensor module package structure with supporting element technology owned by Plaintiff. This case was filed in the U.S. District Court for the Eastern District of Virginia with Judges Claude M. Hilton and John F. Anderson presiding.
The Plaintiff is the legal owner by assignment of all rights, title and interest in numerous United States and foreign patents and applications including United States Patent No. 7,598,580 (the “’580 patent”), entitled “Image Sensor Module Package Structure with Supporting Element.” The Plaintiff has provided a description of ’580 patent in its submissions, including but not limited to the deficiencies addressed and functions performed by the product.
In its complaint, the Plaintiff alleged that “An image sensor module package structure with a supporting element, comprising a chip having a plurality of light-sensing elements arranged on a light-sensing area of a first surface of the chip, a plurality of first conducting pads electrically connected to the light-sensing elements, and at least one conducting channel passing through the chip and electrically connected to the first conducting pads at one end the supporting element, which is a flat plate having an opening, a first coupling surface, and a second coupling surface, wherein the opening corresponds to the light-sensing area and the first coupling surface is combined with the first surface; and a light-transmitting element combines with the second coupling surface. Without license or authorization and in violation of 35 U.S.C. § 271(a), defendant has infringed and continues to infringe the ’580 Patent by making, using, importing, offering for sale, and/or selling the Accused Product”.
The Plaintiff further alleged that “Defendant knowingly or with reckless disregard continues to wilfully infringe the ’580 Patent. Defendant has had actual notice of infringement of the ’580 Patent and has acted, despite an objectively high likelihood that its actions constituted infringement of Plaintiff’s valid patent rights, either literally or equivalently. At least as of service of this Complaint, this objective risk was either known or so obvious that it should have been known to Defendant”.
There is one claim for relief laid down by the Plaintiff, which specifies alleged infringement of ’580 patent because Defendant has knowingly and intentionally contributed to direct infringement by its customers of one or more claims of the ’580 Patent, including, by: (1) providing instructions or information, and (2) touting these uses of the Accused Instrumentalities in advertisements, including but not limited to, those on its website.
In its prayer for relief, the Plaintiff has requested the court to adjudicate that the defendant has allegedly directly, indirectly, and wilfully infringed the ’580 Patent, an award of damages to be paid by the defendant adequate to compensate aperture for defendant's past infringement of the ’580 Patent, and any continuing or future infringement through the date such judgment is entered, including interest, costs, expenses and an accounting of all infringing acts, pre-judgment and post-judgment interest, a declaration that this case is exceptional under 35 U.S.C. § 285, and such further relief at law or in equity as the Court deems just and proper.
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Pending - Other Pending
Claude M. Hilton
John F. Anderson
Aperture IP LLC
FrontPoint Security Solutions LLC
Cecil Elvis Key, Jr.
Attorney at Law Offices of Cecil Key
1934 Old Gallows Road, Suite 350
Vienna, VA 22182
Notice to Attorney
Civil Cover Sheet
Docket(#8) ORDER granting #7 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that Frontpoint Security SHALL answer, plead, or otherwise respond to the Complaint no later than June 2, 2021. Signed by Magistrate Judge John F. Anderson on 05/03/2021. (wgar, ) (Entered: 05/03/2021)Read MoreRead Less
Docket(#7) Consent MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Aperture IP LLC. (Attachments: #1 Proposed Order)(Key, Cecil) (Entered: 04/30/2021)Read MoreRead Less
Docket(#6) Summons Issued as to FrontPoint Security Solutions LLC. NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(choy, ) (Entered: 04/07/2021)Read MoreRead Less
Docket(#5) Report on the filing or determination of an Trademark action. (choy, )(c/s on 04/01/2021) (Entered: 04/01/2021)Read MoreRead Less
DocketInitial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge John F. Anderson. (choy, ) (Entered: 04/01/2021)Read MoreRead Less
Docket(#4) Proposed Summons re #1 Complaint by Aperture IP LLC. (Key, Cecil) (Entered: 04/01/2021)Read MoreRead Less
Docket(#3) NOTICE by Aperture IP LLC re #1 Complaint Report on Filing - Form AO120 (Key, Cecil) (Entered: 04/01/2021)Read MoreRead Less
Docket(#2) NOTICE by Aperture IP LLC re #1 Complaint Corporate Disclosure Statement (Key, Cecil) (Entered: 04/01/2021)Read MoreRead Less
Docket(#1) Complaint ( Filing fee $ 402, receipt number 0422-7701860.), filed by Aperture IP LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Key, Cecil) (Entered: 04/01/2021)Read MoreRead Less
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