This case was last updated from PACER on 10/14/2021 at 07:33:25 (UTC).

Buffalo Patents, LLC v. OnePlus Technology (Shenzen) Co., Ltd.

Case Summary

On October 13, 2021, Buffalo Patents, LLC (“Buffalo Patents” or “Plaintiff”), represented by Zachariah Harrington of Antonelli, Harrington & Thompson LLP, filed an intellectual property lawsuit against OnePlus Technology (Shenzen) Co., Ltd. (“OnePlus” or “Defendant”), seeking permanent injunctive relief, damages, costs, pre-judgment and post-judgment interest and other relief for the alleged infringement of the United States Patents owned by Plaintiff. This case was filed in the United States District Court in the Western District of Texas.

 

This complaint arises from Defendants’ alleged unlawful infringement of the United States patent owned by Plaintiff which relates to internet and wireless network telephony: United States Patent Nos. 7,187,670 (“the ’670 Patent”), United States Patent No. 7,408,915 (“the ’915 Patent”), United States Patent No. 8,611,328 (“the ’328 Patent”), United States Patent No. 9,001,816 (“the ’816 Patent”) (collectively, “Patents-in-suit”).

 

In the complaint, Plaintiff alleged that, “OnePlus made, had made, used, imported, provided, supplied, distributed, sold, and/or offered for sale products and/or systems including, for example, its OnePlus 8 smartphone and other products that support Voice over Wi-Fi (VoWi-Fi) or Wi-Fi calling (“accused products”). By doing so, OnePlus has directly infringed (literally and/or under the doctrine of equivalents) at least Claim 1 of the ’670 Patent. OnePlus’s infringement in this regard is ongoing.”

 

Plaintiff also alleged that, “OnePlus has induced the end users and/or OnePlus’s customers to directly infringe (literally and/or under the doctrine of equivalents) the ’670 Patent by using the accused products. OnePlus took active steps, directly and/or through contractual relationships with others, with the specific intent to cause them to use the accused products in a manner that infringes one or more claims of the ’670 Patent, including, for example, Claim 1 of the ’670 Patent.”

 

Further, Plaintiff alleged that, “Such steps by OnePlus included, among other things, advising or directing customers, end users, and others (including third party testing and certification organizations) to use the accused products in an infringing manner; advertising and promoting the use of the accused products in an infringing manner; and/or distributing instructions that guide users to use the accused products in an infringing manner. OnePlus performed these steps, which constitute joint and/or induced infringement, with the knowledge of the ’670 Patent and with the knowledge that the induced acts constitute infringement. OnePlus was and is aware that the normal and customary use of the accused products by OnePlus’s customers would infringe the ’670 Patent. OnePlus’s inducement is ongoing.”

 

There are four claims for relief laid down by Plaintiff; one for infringement of each of the Patents-in-suit.

 

In the prayer for relief, Plaintiff has requested the court to pass a judgment in favor of Plaintiff that Defendant has infringed, either literally and/or under the doctrine of equivalents, the Patents-in-suit along with an award of permanent injunctive relief, and damages including an award of all increased damages to which Buffalo Patents is entitled under 35 U.S.C. § 284. Plaintiff further requested the court for costs, expenses, and prejudgment and post-judgment interest. Further, the Plaintiff requested the court for a judgment and order finding this is an exceptional case within the meaning of 35 U.S.C. § 285 and attorneys’ fees and costs and further relief as the court may deem just and proper. 

 

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Case Details Parties Dockets

 

Case Details

  • Case Number:

    6:21-CV-01063

  • Filing Date:

    10/13/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

 

Party Details

Plaintiff

Buffalo Patents, LLC

Defendant

OnePlus Technology (Shenzen) Co., Ltd.

Attorney/Law Firm Details

Plaintiff Attorney

Zachariah Harrington

Attorney at Antonelli, Harrington & Thompson LLP

4306 Yoakum Blvd., Suite 450

Houston, TX 77006

 

Docket Entries

  • 10/13/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 10/13/2021)

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  • 10/13/2021
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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: 10/13/2021)

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  • 10/13/2021
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  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-15329074). No Summons requested at this time, filed by Buffalo Patents, LLC. (Attachments: #1 Civil Cover Sheet)(Harrington, Zachariah) (Entered: 10/13/2021)

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