This case was last updated from PACER on 10/08/2021 at 07:48:04 (UTC).

Atlas Global Technologies LLC v. Sercomm Corporation

Case Summary

On August 9, 2021, Atlas Global Technologies LLC (“Atlas” or “Plaintiff”), represented by Alden G. Harris, Blaine A. Larson, Eric James Enger, Michael F. Heim and William B. Collier, Jr. of Heim, Payne & Chorush, LLP; Alejandra C. Salinas, Joseph S. Grinstein, Kalpana Srinivasan and Max L. Tribble, Jr. of Susman Godfrey L.L.P.; and Elizabeth L. DeRieux and S. Calvin Capshaw, III of Capshaw DeRieux, LLP, filed an intellectual property lawsuit against Sercomm Corporation (“Sercomm” or “Defendant”), seeking damages and costs of the suit, among other reliefs, for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

The Plaintiff filed this complaint for the alleged infringement of the United States Patent No. 9,763,259 (“the ’259 Patent”), United States Patent No. 9,825,738 (“the ’738 Patent”), United States Patent No. 9,912,513 (“the ’513 Patent”), United States Patent No. 9,917,679 (“the ’679 Patent”), United States Patent No. 10,020,919 (“the ’919 Patent”), United States Patent No. 10,756,851 (“the ’851 Patent”) and United States Patent No. 9,531,520 (“the ’520 Patent”) (collectively, the “Asserted Patents” or “Patents-in-suit”) owned by the Plaintiff.

 

In the complaint, the Plaintiff alleged that, “Sercomm directly infringes the ’259 Patent under 35 U.S.C. § 271(a) by making, using, selling, and/or offering to sell in the United States, and/or importing into the United States products that directly infringe the ’259 Patent, including the above identified Accused Products. The Accused Products infringe at least claim 18 of the ’259 Patent by practicing the 802.11ax Standard.”

 

The Plaintiff also alleged that, “In addition to directly infringing the ’259 method claims by using infringing products in the United States, Sercomm also indirectly infringes the ’259 claims. Where acts constituting direct infringement of the ’259 Patent are not performed by Sercomm, such acts constituting direct infringement of the ’259 Patent are performed by Sercomm’s customers or end-users who act at the direction and/or control of Sercomm, with Sercomm’s knowledge.”

 

Further, the Plaintiff also alleged that, “Atlas is informed and believes, and on that basis alleges, that Sercomm indirectly infringes at least claim 18 of the ’259 Patent by active inducement in violation of 35 U.S.C. § 271(b), by at least manufacturing, supplying, distributing, selling, and/or offering for sale the Accused Products to their customers with the knowledge and intent that use of those products would constitute direct infringement of the ’259 Patent.”

 

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

 

There are seven 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 has requested the Court for declaratory reliefs; an accounting of all damages sustained by Plaintiff as the result of Sercomm’s acts of infringement; for a mandatory future royalty payable on each and every future sale by Sercomm of a product that is found to infringe one or more of the Asserted Patents and on all future products that are not colorably different from products found to infringe; for finding that Sercomm’s infringement is willful and enhancing damages pursuant to 35 U.S.C. § 284 including attorneys’ fees along with costs of suit and any other relief the court deems just. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00818

  • Filing Date:

    08/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Atlas Global Technologies LLC

Defendant

Sercomm Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

William B. Collier, Jr.

Attorney at Heim, Payne & Chorush, LLP

1111 Bagby Street, Suite 2100

Houston, TX 77002

Alden G. Harris

Attorney at Heim, Payne & Chorush, LLP

1111 Bagby Street, Suite 2100

Houston, TX 77002

Alejandra C. Salinas

Attorney at Susman Godfrey, LLP

1000 Louisiana Street, Suite 5100

Houston, TX 77002

Blaine A. Larson

Attorney at Heim Payne and Chorush LLP

600 Travis, Suite 6710

Houston, TX 77002

Eric James Enger

Attorney at Heim, Payne Chorush, LLP

1111 Bagby St., Suite 2100

Houston, TX 77002

Joseph S. Grinstein

Attorney at Susman Godfrey, L.L.P.

1000 Louisiana, Suite 5100

Houston, TX 77002

Kalpana Srinivasan

Attorney at Susman Godfrey LLP

1900 Avenue Of The Stars, Suite 1400

Los Angeles, CA 90067-6029

Max L. Tribble, Jr.

Attorney at Susman Godfrey L.L.P.

1000 Louisiana, Suite 5100

Houston, TX 77002-5096

Andrea L. Fair

Attorney at Ward, Smith & Hill, PLLC

Po Box 1231

Longview, TX 75606

Elizabeth L. DeRieux

Attorney at Capshaw DeRieux, L.L.P.

114 E. Commerce Ave.

Gladewater, TX 75647

Oleg Elkhunovich

Attorney at Susman Godfrey L.L.P.

1900 Avenue Of The Stars, Suite 1400

Los Angeles, CA 90067

S. Calvin Capshaw, III

Attorney at Capshaw DeRieux, LLP

114 E. Commerce Ave.

Gladewater, TX 75647

T. John Ward, Jr.

Attorney at Ward Smith & Hill, PLLC

P.O. Box 1231

Longview, TX 75606

William Brown Collier, Jr.

Attorney at Heim, Payne & Chorush, LLP

1111 Bagby St., Suite 2100

Houston, TX 77002

Michael F. Heim

Attorney at Heim Payne & Chorush LLP

1111 Bagby St., Suite 2100

Houston, TX 77002

Defendant Attorneys

G. Blake Thompson

Attorney at Mann Tindel Thompson

201 E. Howard Street

Henderson, TX 75654

J. Mark Mann

Attorney at Mann Tindel Thompson

201 E. Howard Street

Henderson, TX 75654

 

Court Documents

24 #1

Proposed Order

#24

(#24) Unopposed MOTION to Withdraw #20 MOTION for Alternative Service by Atlas Global Technologies LLC. (Attachments: #1 Proposed Order)(Fair, Andrea) (Entered: 09/20/2021)

#23

(#23) WAIVER OF SERVICE Returned Executed by Atlas Global Technologies LLC as to Sercomm Corporation. Waiver sent on 9/9/2021, answer due 12/8/2021. (Fair, Andrea) (Entered: 09/15/2021)

#22

(#22) NOTICE of Attorney Appearance by G. Blake Thompson on behalf of Sercomm Corporation. Attorney G. Blake Thompson added to party Sercomm Corporation(pty:dft) (Thompson, G.) (Entered: 09/13/2021)

#21

(#21) NOTICE of Attorney Appearance by J. Mark Mann on behalf of Sercomm Corporation. Attorney J. Mark Mann added to party Sercomm Corporation(pty:dft) (Mann, J.) (Entered: 09/13/2021)

20 #1

Proposed Order

#20

(#20) MOTION for Alternative Service by Atlas Global Technologies LLC. (Attachments: #1 Proposed Order)(Fair, Andrea) (Entered: 09/08/2021)

#19

(#19) NOTICE of Attorney Appearance by T. John Ward, Jr on behalf of Atlas Global Technologies LLC. Attorney T. John Ward, Jr added to party Atlas Global Technologies LLC(pty:pla) (Ward, T.) (Entered: 09/08/2021)

#18

(#18) NOTICE of Attorney Appearance by Andrea L. Fair on behalf of Atlas Global Technologies LLC. Attorney Andrea L. Fair added to party Atlas Global Technologies LLC(pty:pla) (Fair, Andrea) (Entered: 09/08/2021)

1 #8

Exhibit G

1 #7

Exhibit F

1 #6

Exhibit E

1 #5

Exhibit D

1 #4

Exhibit C

1 #3

Exhibit B

1 #2

Exhibit A

1 #1

Civil Cover Sheet

#1

Attachment 1 of Document #1 was not flattened. Please notice that all documents are required to be flattened upon filing. The US Clerk's Office will flatten any document needed prior but all parties MUST flatten documents going forward. Contact the Clerk's Office for any questions. (ir) (Entered: 08/09/2021)

25 More Documents Available
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Docket Entries

  • 09/20/2021
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  • DocketText Order MOOTING #20 Motion for Alternative Service entered by Judge Alan D Albright. This motion is MOOTED by #24 Unopposed MOTION to Withdraw MOTION for Alternative Service. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RRlc) (Entered: 09/20/2021)

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  • 09/20/2021
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  • DocketText Order GRANTING #24 Motion to Withdraw entered by Judge Alan D Albright. Before the Court is Plaintiff Atlas Global Technologies LLCs Unopposed Motion to Withdraw as Moot Plaintiffs Motion for Alternative Service #20 . The Court has considered the motion and finds that it should be and is hereby GRANTED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RRlc) (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#24) Unopposed MOTION to Withdraw #20 MOTION for Alternative Service by Atlas Global Technologies LLC. (Attachments: #1 Proposed Order)(Fair, Andrea) (Entered: 09/20/2021)

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  • 09/15/2021
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  • Docket(#23) WAIVER OF SERVICE Returned Executed by Atlas Global Technologies LLC as to Sercomm Corporation. Waiver sent on 9/9/2021, answer due 12/8/2021. (Fair, Andrea) (Entered: 09/15/2021)

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  • 09/13/2021
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  • Docket(#22) NOTICE of Attorney Appearance by G. Blake Thompson on behalf of Sercomm Corporation. Attorney G. Blake Thompson added to party Sercomm Corporation(pty:dft) (Thompson, G.) (Entered: 09/13/2021)

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  • 09/13/2021
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  • Docket(#21) NOTICE of Attorney Appearance by J. Mark Mann on behalf of Sercomm Corporation. Attorney J. Mark Mann added to party Sercomm Corporation(pty:dft) (Mann, J.) (Entered: 09/13/2021)

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  • 09/08/2021
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  • Docket(#20) MOTION for Alternative Service by Atlas Global Technologies LLC. (Attachments: #1 Proposed Order)(Fair, Andrea) (Entered: 09/08/2021)

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  • 09/08/2021
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  • Docket(#19) NOTICE of Attorney Appearance by T. John Ward, Jr on behalf of Atlas Global Technologies LLC. Attorney T. John Ward, Jr added to party Atlas Global Technologies LLC(pty:pla) (Ward, T.) (Entered: 09/08/2021)

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  • 09/08/2021
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  • Docket(#18) NOTICE of Attorney Appearance by Andrea L. Fair on behalf of Atlas Global Technologies LLC. Attorney Andrea L. Fair added to party Atlas Global Technologies LLC(pty:pla) (Fair, Andrea) (Entered: 09/08/2021)

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  • 08/18/2021
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  • DocketText Order GRANTING #17 Motion to Appear Pro Hac Vice for Attorney Oleg Elkhunovich for Atlas Global Technologies LLC. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5) (Entered: 08/19/2021)

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11 More Docket Entries
  • 08/09/2021
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  • Docket(#8) NOTICE of Attorney Appearance by S. Calvin Capshaw, III on behalf of Atlas Global Technologies LLC. Attorney S. Calvin Capshaw, III added to party Atlas Global Technologies LLC(pty:pla) (Capshaw, S.) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#7) NOTICE of Attorney Appearance by William B. Collier, Jr on behalf of Atlas Global Technologies LLC. Attorney William B. Collier, Jr added to party Atlas Global Technologies LLC(pty:pla) (Collier, William) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#6) NOTICE of Attorney Appearance by Eric James Enger on behalf of Atlas Global Technologies LLC (Enger, Eric) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#5) NOTICE of Attorney Appearance by Blaine A. Larson on behalf of Atlas Global Technologies LLC (Larson, Blaine) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#4) NOTICE of Attorney Appearance by Alden G. Harris on behalf of Atlas Global Technologies LLC (Harris, Alden) (Entered: 08/09/2021)

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  • 08/09/2021
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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. (Heim, Michael) (Entered: 08/09/2021)

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  • 08/09/2021
  • DocketAll parties shall flatten all documents before e-filing. All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/ (ir) (Entered: 08/09/2021)

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  • 08/09/2021
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  • DocketAttachment 1 of Document #1 was not flattened. Please notice that all documents are required to be flattened upon filing. The US Clerk's Office will flatten any document needed prior but all parties MUST flatten documents going forward. Contact the Clerk's Office for any questions. (ir) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#2) Pursuant to the Standing Order Regarding Patent/Trademark Cases effective 12/9/19, attorneys filing Patent/Trademark cases in TXWD Waco Division must prepare the attached form AO120, flatten the document and then e-file upon opening of the case using the event Notice of Filing Patent/Trademark Form. (ir) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15093774), filed by Atlas Global Technologies LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Heim, Michael) (Attachment 1 replaced on 8/9/2021) (ir). (Entered: 08/09/2021)

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