This case was last updated from U.S. District Courts on 01/15/2022 at 08:02:41 (UTC).

AutoBrilliance, LLC v. Volvo Car USA, LLC

Case Summary

On November 16, 2021, AutoBrilliance, LLC (“AutoBrilliance” or “Plaintiff”), represented by Patrick R. Delaney and Timothy Devlin of Devlin Law Firm LLC, filed an intellectual property lawsuit against Volvo Car USA, LLC, dba Volvo (“Volvo” or “Defendant”), seeking damages along with interest and other reliefs for the Defendant’s alleged infringement of the United States Patent owned by the Plaintiff. This case was filed in U.S. District Court in the Eastern District of Texas with Judge Sean D. Jordan presiding.

 

The Plaintiff filed this complaint for the alleged infringement of United States Patent No. 6,615,137 (“the ’137 patent” or “the patent in suit” or “the asserted patent”) entitled “Method and Apparatus for Transferring Information Between Vehicles,” owned by the Plaintiff.

 

In their complaint, the Plaintiff alleged that, “The asserted patent is directed to providing unconventional computing solutions that address problems that are particular to computerized vehicular sensor and communications systems. Prior to the priority date of the asserted ‘137 patent, in systems, such as traditional vehicular sensing systems, information about the kinematic states of objects in proximity to a vehicle might need to be gathered and evaluated directly by only a driver of the vehicle. The patent in suit does not take a well-known or established business method or process and apply it to a general-purpose computer. Instead, the specific systems and processes described in the asserted patent have no direct corollary to a process that predates the advent of the Internet.”

 

The Plaintiff further alleged that, “The asserted patent claims in the patent in suit are directed toward solutions rooted in computer technology and directed to technologies, unique to computers and sensor technology systems, to overcome problems specifically arising in the realm of computerized location tracking and sensor system technologies. The asserted patent claims are not directed at a mere mathematical relationship or formula. The asserted patent claims cannot be performed by a human, in the human mind, or by pen and paper. Accordingly, each claim of the patent in suit recites a combination of elements sufficient to ensure that each claim, in practice, amounts to significantly more than a claim to an ineligible concept.”

 

The Plaintiff also alleged that, “Volvo has directly infringed under 35 U.S.C. § 271(a) at least one or more claims of the ’137 patent either literally and/or under the doctrine of equivalents, by, among other things, making, using, importing, selling, offering for sale and/or providing and/or causing to be used in the United States the Accused Instrumentalities, including an Intellisafe Assist, Driver Assistance Systems (See https://www.volvocars.com/us/about-volvo/human-innovation/future- of driving/safety#pdpAnchorHero2, last accessed and downloaded November 16, 2021). AutoBrilliance has been damaged by Volvo’s infringement of the ’137 patent.”

 

The only claim for relief laid down by the Plaintiff deals with the alleged infringement of the Patent-in-Suit owned by the Plaintiff.

 

In its prayer for relief, the Plaintiff has requested the Court for an adjudication that Volvo has infringed the AutoBrilliance patent in suit; an award of damages to be paid by Volvo adequate to compensate AutoBrilliance for Volvo’s past infringement of the Autobrilliance patents in suit, including interest, costs and expenses; a declaration that this case is exceptional under 35 U.S.C. § 285; and an award of AutoBrilliance’s reasonable attorneys’ fees along with such further relief at law or in equity as the Court deems just and proper.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00906

  • Filing Date:

    11/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Sean D. Jordan

 

Party Details

Plaintiff

AutoBrilliance, LLC

Defendant

Volvo Car USA, LLC doing business as Volvo

Attorney/Law Firm Details

Plaintiff Attorneys

Patrick R Delaney

Attorney at Devlin Law Firm LLC - Wilmington

1526 Gilpin Ave.

Wilmington, DE 19806

Timothy Devlin

Attorney at Devlin Law Firm LLC - Wilmington

1526 Gilpin Ave.

Wilmington, DE 19806

Defendant Attorneys

Barden Todd Patterson

Attorney at Patterson & Sheridan, LLP

3040 Post Oak Blvd.Suite 1500

Houston, TX 77056

Craig Victor Depew

Attorney at Patterson Sheridan, L.L.P. - Waco

900 Washington Avenuesuite 503

Waco, TX 76701

Edgar Neil Gonzalez

Attorney at Patterson & Sheridan, LLP - Houston

24 Greenway Plazasuite 1600

Houston, TX 77046

John Allen Yates

Attorney at Patterson & Sheridan, LLP

24 Greenway Plazasuite 1600

Houston, TX 77046

Kyrie Kimber Cameron

Attorney at Patterson & Sheridan, LLP

24 Greenway Plazasuite 1600

Houston, TX 77046

 

Court Documents

#14

(#14) ORDER GOVERNING PROCEEDINGS: Rule 16 Management Conference set for 3/16/2022 at 10:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 1/14/2022. (mem) Modified text on 1/14/2022 (mem). (Entered: 01/14/2022)

#13

(#13) NOTICE of Attorney Appearance by Craig Victor Depew on behalf of Volvo Car USA, LLC (Depew, Craig) (Entered: 01/10/2022)

#12

(#12) NOTICE of Attorney Appearance by Edgar Neil Gonzalez on behalf of Volvo Car USA, LLC (Gonzalez, Edgar) (Entered: 01/10/2022)

#11

(#11) NOTICE of Attorney Appearance by Kyrie Kimber Cameron on behalf of Volvo Car USA, LLC (Cameron, Kyrie) (Entered: 01/10/2022)

#10

(#10) NOTICE of Attorney Appearance by John Allen Yates on behalf of Volvo Car USA, LLC (Yates, John) (Entered: 01/10/2022)

#9

(#9) NOTICE of Attorney Appearance by Barden Todd Patterson on behalf of Volvo Car USA, LLC (Patterson, Barden) (Entered: 01/10/2022)

#8

(#8) CORPORATE DISCLOSURE STATEMENT filed by Volvo Car USA, LLC identifying Corporate Parent Volvo Car Corporation, Corporate Parent Volvo Cars of North America, LLC, Corporate Parent Zhejiang Geely Holding Group Co., Ltd. for Volvo Car USA, LLC. (Patterson, Barden) (Entered: 01/10/2022)

#7

(#7) Volvo Car USA, LLC's ANSWER to #1 Complaint, for Patent Infringement by Volvo Car USA, LLC.(Patterson, Barden) (Entered: 01/10/2022)

#6

(#6) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Volvo Car USA, LLC.( Cameron, Kyrie) (Entered: 12/07/2021)

#5

(#5) SUMMONS Returned Executed by AutoBrilliance, LLC. Volvo Car USA, LLC served on 11/19/2021, answer due 12/10/2021. (Devlin, Timothy) (Entered: 12/06/2021)

#4

(#4) SUMMONS Issued as to Volvo Car USA, LLC. (mem) (Entered: 11/16/2021)

#3

(#3) CORPORATE DISCLOSURE STATEMENT filed by AutoBrilliance, LLC (Devlin, Timothy) (Entered: 11/16/2021)

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Devlin, Timothy) (Entered: 11/16/2021)

1 #3

Civil Cover Sheet

1 #2

Exhibit A1

1 #1

Exhibit A

#1

(#1) COMPLAINT for Patent Infringement against Volvo Car USA, LLC dba Volvo ( Filing fee $ 402 receipt number 0540-8674125.), filed by AutoBrilliance, LLC. (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Civil Cover Sheet)(Devlin, Timothy) (Entered: 11/16/2021)

6 More Documents Available
View All Documents

 

Docket Entries

  • 01/14/2022
  • View Court Documents
  • Docket(#14) ORDER GOVERNING PROCEEDINGS: Rule 16 Management Conference set for 3/16/2022 at 10:00 AM in Ctrm 105 (Plano) before District Judge Sean D. Jordan. Signed by District Judge Sean D. Jordan on 1/14/2022. (mem) Modified text on 1/14/2022 (mem). (Entered: 01/14/2022)

    Read MoreRead Less
  • 01/10/2022
  • View Court Documents
  • Docket(#13) NOTICE of Attorney Appearance by Craig Victor Depew on behalf of Volvo Car USA, LLC (Depew, Craig) (Entered: 01/10/2022)

    Read MoreRead Less
  • 01/10/2022
  • View Court Documents
  • Docket(#12) NOTICE of Attorney Appearance by Edgar Neil Gonzalez on behalf of Volvo Car USA, LLC (Gonzalez, Edgar) (Entered: 01/10/2022)

    Read MoreRead Less
  • 01/10/2022
  • View Court Documents
  • Docket(#11) NOTICE of Attorney Appearance by Kyrie Kimber Cameron on behalf of Volvo Car USA, LLC (Cameron, Kyrie) (Entered: 01/10/2022)

    Read MoreRead Less
  • 01/10/2022
  • View Court Documents
  • Docket(#10) NOTICE of Attorney Appearance by John Allen Yates on behalf of Volvo Car USA, LLC (Yates, John) (Entered: 01/10/2022)

    Read MoreRead Less
  • 01/10/2022
  • View Court Documents
  • Docket(#9) NOTICE of Attorney Appearance by Barden Todd Patterson on behalf of Volvo Car USA, LLC (Patterson, Barden) (Entered: 01/10/2022)

    Read MoreRead Less
  • 01/10/2022
  • View Court Documents
  • Docket(#8) CORPORATE DISCLOSURE STATEMENT filed by Volvo Car USA, LLC identifying Corporate Parent Volvo Car Corporation, Corporate Parent Volvo Cars of North America, LLC, Corporate Parent Zhejiang Geely Holding Group Co., Ltd. for Volvo Car USA, LLC. (Patterson, Barden) (Entered: 01/10/2022)

    Read MoreRead Less
  • 01/10/2022
  • View Court Documents
  • Docket(#7) Volvo Car USA, LLC's ANSWER to #1 Complaint, for Patent Infringement by Volvo Car USA, LLC.(Patterson, Barden) (Entered: 01/10/2022)

    Read MoreRead Less
  • 12/07/2021
  • DocketDefendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Volvo Car USA, LLC to 1/10/2022. 30 Days Granted for Deadline Extension.(mem) (Entered: 12/07/2021)

    Read MoreRead Less
  • 12/07/2021
  • View Court Documents
  • Docket(#6) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Volvo Car USA, LLC.( Cameron, Kyrie) (Entered: 12/07/2021)

    Read MoreRead Less
  • 12/06/2021
  • View Court Documents
  • Docket(#5) SUMMONS Returned Executed by AutoBrilliance, LLC. Volvo Car USA, LLC served on 11/19/2021, answer due 12/10/2021. (Devlin, Timothy) (Entered: 12/06/2021)

    Read MoreRead Less
  • 11/16/2021
  • View Court Documents
  • Docket(#4) SUMMONS Issued as to Volvo Car USA, LLC. (mem) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mem, ) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • DocketCase assigned to District Judge Sean D. Jordan. (mem) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • View Court Documents
  • Docket(#3) CORPORATE DISCLOSURE STATEMENT filed by AutoBrilliance, LLC (Devlin, Timothy) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • View Court Documents
  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Devlin, Timothy) (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
  • View Court Documents
  • Docket(#1) COMPLAINT for Patent Infringement against Volvo Car USA, LLC dba Volvo ( Filing fee $ 402 receipt number 0540-8674125.), filed by AutoBrilliance, LLC. (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Civil Cover Sheet)(Devlin, Timothy) (Entered: 11/16/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Volvo Car USA, Inc. is a litigant

Latest cases represented by Lawyer Barden Todd Patterson

Latest cases represented by Lawyer Kyrie Kimber Cameron