This case was last updated from PACER on 08/30/2021 at 07:09:22 (UTC).

Apple Inc. v. Voip-Pal.com, Inc.

Case Summary

On July 1, 2021, Apple Inc. (“Apple” or “Plaintiff”), represented by Ameet A. Modi of Desmarais LLP, filed an intellectual property lawsuit against VoIP-Pal.com, Inc. (“VoIP-Pal” or “Defendant”), seeking declaratory relief and costs of litigation for alleged non-infringement of various U.S. Patents owned by the Defendant. This case was filed in U.S. District Court in the Northern District of California with Judge Susan van Keulen presiding. 

 

Plaintiff seeks a declaratory judgment that it does not infringe U.S. Patent No. 8,630,234 (the “’234 patent”) and that the ’234 patent is invalid, that Plaintiff does not infringe U.S. Patent No. 10,880,721 (the “’721 patent”) and that the ’721 patent is invalid.

 

In its complaint, Plaintiff alleged that, “Defendant VoIP-Pal.com, Inc. (“VoIP-Pal”) is a serial (albeit unsuccessful) litigator. Its four prior cases against Apple have resulted in (1) final judgment in favor of Apple based on the invalidity of the two patents-in-suit; (2) final judgment again in favor of Apple based on the invalidity of four patents-in-suit; (3) voluntary dismissal of a complaint filed in the Western District of Texas; and (4) delivering a covenant not-to-sue to Apple in an attempt to escape invalidation of two more patents. This case arises out of VoIP-Pal’s latest assertion of invalid patents against Apple.”

 

Plaintiff further alleged that, “Apple does not infringe, and has not infringed, at least “exemplary” claim 20 of the ’234 patent. Apple does not infringe claim 20 of the ’234 patent at least because no Apple product or service meets or embodies at least the following limitation: “to seek an access code from a pool of access codes wherein each access code in said pool of access codes identifies a respective telephone number or Internet Protocol (IP) network address that enables a local call to be made to call the callee identified by the callee identifier.””

 

Plaintiff even further alleged that, “Third, the claims of the ’234 patent are invalid under 35 U.S.C. § 112. For example, exemplary claim 20 is invalid under 35 U.S.C. § 112 at least because the limitation “a period of time” is indefinite and the limitations including “associated with” are indefinite and fail to meet the enablement requirements.”

 

Plaintiff has laid down four claims for relief. The first claim is for Declaratory Judgment That Apple Does Not Infringe The ’234 Patent, the second claim is for Declaratory Judgment That The Claims Of The ’234 Patent Are Invalid, the third claim is for Declaratory Judgment That Apple Does Not Infringe The ’721 Patent and the last claim is for Declaratory Judgment That The Claims Of The ’872 Patent Are Invalid. 

 

In its prayer for relief, Plaintiff requested the Court to declare that Apple has not infringed the said patents and declare those patents as invalid and award costs of litigation to Apple. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-05110

  • Filing Date:

    07/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judges

Edward M. Chen

Susan van Keulen

 

Party Details

Plaintiff

Apple Inc.

Defendant

Voip-Pal.com, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Ameet A. Modi

Attorney at Desmarais LLP

101 California Street

San Francisco, CA 94111

Defendant Attorney

Lewis Emery Hudnell, III

Attorney at Hudnell Law Group PC

800 W. El Camino Real, Suite 180

Mountain View, CA 94040

 

Court Documents

#21

(#21) ORDER granting #20 Stipulation filed by Voip-Pal.com, Inc.. Answer due 9/7/2021. Signed by Judge Edward M. Chen on 7/28/2021. (afmS, COURT STAFF) (Filed on 7/28/2021) (Entered: 07/28/2021)

#20

(#20) STIPULATION TO EXTEND TIME TO ANSWER filed by Voip-Pal.com, Inc.. (Hudnell, Lewis) (Filed on 7/27/2021) (Entered: 07/27/2021)

19 #1

Notice of Eligibility for Video Recording

#19

(#19) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings re #18 Order of Recusal. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Beth Labson Freeman no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 7/20/2021) (Entered: 07/20/2021)

#18

(#18) ORDER OF RECUSAL. Signed by Judge Beth Labson Freeman on 7/19/2021. (blflc1S, COURT STAFF) (Filed on 7/19/2021) (Entered: 07/19/2021)

17 #1

Notice of Eligibility for Video Recording

#17

(#17) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 7/15/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/15/2021) (Entered: 07/15/2021)

#15

(#15) STIPULATION TO EXTEND TIME TO ANSWER filed by Voip-Pal.com, Inc.. (Hudnell, Lewis) (Filed on 7/14/2021) (Entered: 07/14/2021)

#14

(#14) Certificate of Interested Entities by Voip-Pal.com, Inc. (Hudnell, Lewis) (Filed on 7/14/2021) (Entered: 07/14/2021)

1 #15

Exhibit 15

1 #13

Exhibit 13

1 #12

Exhibit 12

1 #11

Exhibit 11

1 #8

Exhibit 8

1 #6

Exhibit 6

1 #5

Exhibit 5

1 #3

Exhibit 3

#1

(#1) COMPLAINT for Declaratory Judgment of Non-Infringement and Invalidity against Voip-Pal.com, Inc. ( Filing fee $ 402, receipt number 0971-16136368.). Filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Civil Cover Sheet)(Modi, Ameet) (Filed on 7/1/2021) (Entered: 07/01/2021)

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Docket Entries

  • 07/28/2021
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  • Docket(#21) ORDER granting #20 Stipulation filed by Voip-Pal.com, Inc.. Answer due 9/7/2021. Signed by Judge Edward M. Chen on 7/28/2021. (afmS, COURT STAFF) (Filed on 7/28/2021) (Entered: 07/28/2021)

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  • 07/27/2021
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  • Docket(#20) STIPULATION TO EXTEND TIME TO ANSWER filed by Voip-Pal.com, Inc.. (Hudnell, Lewis) (Filed on 7/27/2021) (Entered: 07/27/2021)

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  • 07/20/2021
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  • Docket(#19) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings re #18 Order of Recusal. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Beth Labson Freeman no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 7/20/2021) (Entered: 07/20/2021)

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  • 07/19/2021
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  • Docket(#18) ORDER OF RECUSAL. Signed by Judge Beth Labson Freeman on 7/19/2021. (blflc1S, COURT STAFF) (Filed on 7/19/2021) (Entered: 07/19/2021)

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  • 07/15/2021
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  • Docket(#17) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 7/15/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/15/2021) (Entered: 07/15/2021)

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  • 07/15/2021
  • Docket(#16) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (klhS, COURT STAFF) (Filed on 7/15/2021) (Entered: 07/15/2021)

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  • 07/14/2021
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  • Docket(#15) STIPULATION TO EXTEND TIME TO ANSWER filed by Voip-Pal.com, Inc.. (Hudnell, Lewis) (Filed on 7/14/2021) (Entered: 07/14/2021)

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  • 07/14/2021
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  • Docket(#14) Certificate of Interested Entities by Voip-Pal.com, Inc. (Hudnell, Lewis) (Filed on 7/14/2021) (Entered: 07/14/2021)

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  • 07/14/2021
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  • Docket(#13) NOTICE of Appearance by Lewis Emery Hudnell, III (Hudnell, Lewis) (Filed on 7/14/2021) (Entered: 07/14/2021)

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  • 07/14/2021
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  • Docket(#12) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple Inc... (Modi, Ameet) (Filed on 7/14/2021) (Entered: 07/14/2021)

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2 More Docket Entries
  • 07/02/2021
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  • Docket(#10) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Joseph C. Spero for all further proceedings RE #9 Order of Recusal. Magistrate Judge Susan van Keulen no longer assigned to case. (bwS, COURT STAFF) (Filed on 7/2/2021) (Entered: 07/02/2021)

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  • 07/02/2021
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  • Docket(#9) ORDER OF RECUSAL. Signed by Judge Susan van Keulen on 7/2/2021. (svklc1S, COURT STAFF) (Filed on 7/2/2021) (Entered: 07/02/2021)

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  • 07/01/2021
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  • Docket(#8) Summons Issued as to Voip-Pal.com, Inc.. (cv, COURT STAFF) (Filed on 7/1/2021) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#7) NOTICE of Appearance by Ameet A. Modi (Modi, Ameet) (Filed on 7/1/2021) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#6) REPORT on the filing or determination of an action regarding a Patent or Trademark (cc: form mailed to register). (Modi, Ameet) (Filed on 7/1/2021) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#5) Certificate of Interested Entities by Apple Inc. (Modi, Ameet) (Filed on 7/1/2021) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#4) Proposed Summons. (Modi, Ameet) (Filed on 7/1/2021) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#3) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/5/2021. Initial Case Management Conference set for 10/12/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cvS, COURT STAFF) (Filed on 7/1/2021) (Entered: 07/01/2021)

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  • 07/01/2021
  • Docket(#2) Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/15/2021. (asS, COURT STAFF) (Filed on 7/1/2021) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#1) COMPLAINT for Declaratory Judgment of Non-Infringement and Invalidity against Voip-Pal.com, Inc. ( Filing fee $ 402, receipt number 0971-16136368.). Filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Civil Cover Sheet)(Modi, Ameet) (Filed on 7/1/2021) (Entered: 07/01/2021)

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