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This case was last updated from PACER on 06/18/2021 at 14:29:56 (UTC).

Cambria Company LLC v. Cosentino S.A. et al

Case Summary

On April 20, 2021 Cambria Company LLC (“Plaintiff”), represented by M. Brett Johnson of Winston & Strawn LLP, filed an intellectual property lawsuit against Cosentino S.A. & others (collectively, “Defendants”), seeking injunctive and monetary relief, for Defendants’ willful infringement of U.S. Patent No. 10,981,293 (“the ’293 Patent”) titled “Processed Slabs, and Systems and Methods Related Thereto.”, owned by the Plaintiff, by the unauthorized manufacture, use, offer for sale, sale, and/or importation of Defendants’ infringing products. This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding. 

 

In its complaint, the Plaintiff alleged that “Cambria is an industry leader in the design and manufacture of natural quartz surface products. Cambria’s quartz surface products have a variety of uses in homes and businesses, including, but not limited to, countertops, floor tiles, vanities, fireplace surrounds, wet bars, and showers” and that “Cambria earned its reputation as a leader in the industry through years of innovation and a steadfast commitment to high quality in the design and manufacture of its products. Cambria was the first and only U.S. producer of quartz surface products for many years.”

 

The Plaintiff also alleged that “Defendants make, use, import, distribute, supply, market, offer for sale, and/or sell products that infringe at least one claim of the ’293 Patent (the “Accused Products”), including but not limited to Defendants’ Silestone “Bianco Calacatta,” “Calacatta Gold,” and “Classic Calacatta” products. The process of manufacturing the Accused Products, including those shown above, meets the elements of one or more claims of the ’293 patent.” 

 

Plaintiff further alleged that “Cambria has not authorized Cosentino to copy, reproduce, manufacture, duplicate, disseminate, distribute, import, sell, offer for sale, or display any quartz surface products produced with the technology claimed by the ’293 Patent. Cosentino is and has been aware of the ’293 Patent since at least the filing of this lawsuit, and has continued its unauthorized infringing activity despite this knowledge.”

 

The only claim for relief laid down by the Plaintiff is for the alleged wilful infringement of ’293 Patent by the Defendant wherein the Plaintiff claimed that Defendants have been on notice of and have actual knowledge of the ’293 Patent and their infringement thereof. Since obtaining knowledge of their infringing activities, Defendants have failed to cease their infringing activities. The Defendants’ infringement of the ’293 Patent is, has been, and continues to be, willful, intentional, deliberate, and/or in conscious disregard of Cambria’s rights. Defendants’ willful infringement entitles Cambria to increased damages under 35 U.S.C. § 284 and to attorney’s fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.

 

In its prayer for relief, the Plaintiff has requested the court to adjudicate that Defendants have infringed one or more claims of the ’293 Patent; grant preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a) and permanent injunction pursuant to 35 U.S.C. § 283 barring further infringement; award damages damages pursuant to 35 U.S.C. § 284, not less than a reasonable royalty together with both pre- and post-judgment interest and costs; award increased damages as permitted under 35 U.S.C. § 284 for willful infringement; and award of attorneys’ fees and costs as provided by 35 U.S.C. § 285.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00380

  • Filing Date:

    04/19/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Cambria Company LLC

Defendants

Stone Systems of Houston, LLC

Quartz Surface Supplies, Inc.

Stone Suppliers, Inc.

Stone Systems of New Mexico, LLC

Stone-Made Products, Inc.

Cosentino S.A.

C & C North America, Inc.

Stone Systems of Central Texas, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

M. Brett Johnson

Attorney at Winston & Strawn LLP

2121 N. Pearl Street, Suite 900

Dallas, TX 75201

Natalie Terhune Arbaugh

Attorney at Winston & Strawn LLP

2121 N. Pearl St, Suite 900

Dallas, TX 75201

Katherine Kelly Vidal

Attorney at Winston & Strawn LLP

275 Middlefield Road, Suite 205

Menlo Park, CA 94025

 

Court Documents

#22

(#22) Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (bot1) (Entered: 05/26/2021)

#21

(#21) NOTICE of Voluntary Dismissal by Cambria Company LLC (Vidal, Katherine) (Entered: 05/26/2021)

#20

(#20) Summons Issued as to Quartz Surface Supplies, Inc.. (lad) (Entered: 04/20/2021)

#19

(#19) Summons Issued as to Stone Suppliers, Inc.. (lad) (Entered: 04/20/2021)

#18

(#18) Summons Issued as to Stone-Made Products, Inc.. (lad) (Entered: 04/20/2021)

#17

(#17) Summons Issued as to Stone Systems of New Mexico, LLC. (lad) (Entered: 04/20/2021)

#16

(#16) Summons Issued as to Stone Systems of Houston, LLC. (lad) (Entered: 04/20/2021)

#15

(#15) Summons Issued as to Stone Systems of Central Texas, LLC. (lad) (Entered: 04/20/2021)

#14

(#14) Summons Issued as to C & C North America, Inc.. (lad) (Entered: 04/20/2021)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS by Cambria Company LLC. to C & C North America, Inc. (Johnson, M.) (Entered: 04/20/2021)

#4

(#4) REQUEST FOR ISSUANCE OF SUMMONS by Cambria Company LLC. to Cosentino S.A. (Johnson, M.) (Entered: 04/20/2021)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Johnson, M.) (Entered: 04/20/2021)

#2

(#2) RULE 7 DISCLOSURE STATEMENT filed by Cambria Company LLC. (Johnson, M.) (Entered: 04/20/2021)

1 #4

Civil Cover Sheet

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

#1

(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14714500), filed by Cambria Company LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Johnson, M.) (Entered: 04/20/2021)

17 More Documents Available
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Docket Entries

  • 05/26/2021
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  • Docket(#22) Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (bot1) (Entered: 05/26/2021)

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  • 05/26/2021
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  • Docket(#21) NOTICE of Voluntary Dismissal by Cambria Company LLC (Vidal, Katherine) (Entered: 05/26/2021)

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  • 04/20/2021
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  • Docket(#20) Summons Issued as to Quartz Surface Supplies, Inc.. (lad) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#19) Summons Issued as to Stone Suppliers, Inc.. (lad) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#18) Summons Issued as to Stone-Made Products, Inc.. (lad) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#17) Summons Issued as to Stone Systems of New Mexico, LLC. (lad) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#16) Summons Issued as to Stone Systems of Houston, LLC. (lad) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#15) Summons Issued as to Stone Systems of Central Texas, LLC. (lad) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#14) Summons Issued as to C & C North America, Inc.. (lad) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#13) Summons Issued as to Cosentino S.A.. (lad) (Entered: 04/20/2021)

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3 More Docket Entries
  • 04/20/2021
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  • Docket(#10) REQUEST FOR ISSUANCE OF SUMMONS by Cambria Company LLC. to Stone Suppliers, Inc. (Johnson, M.) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
  • View Court Documents
  • Docket(#9) REQUEST FOR ISSUANCE OF SUMMONS by Cambria Company LLC. to Stone-Made Products, Inc. (Johnson, M.) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
  • View Court Documents
  • Docket(#8) REQUEST FOR ISSUANCE OF SUMMONS by Cambria Company LLC. to Stone Systems of New Mexico, LLC (Johnson, M.) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
  • View Court Documents
  • Docket(#7) REQUEST FOR ISSUANCE OF SUMMONS by Cambria Company LLC. to Stone Systems of Houston, LLC (Johnson, M.) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
  • View Court Documents
  • Docket(#6) REQUEST FOR ISSUANCE OF SUMMONS by Cambria Company LLC. to Stone Systems of Central Texas, LLC (Johnson, M.) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
  • View Court Documents
  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS by Cambria Company LLC. to C & C North America, Inc. (Johnson, M.) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
  • View Court Documents
  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by Cambria Company LLC. to Cosentino S.A. (Johnson, M.) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
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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. (Johnson, M.) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
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  • Docket(#2) RULE 7 DISCLOSURE STATEMENT filed by Cambria Company LLC. (Johnson, M.) (Entered: 04/20/2021)

    Read MoreRead Less
  • 04/20/2021
  • View Court Documents
  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14714500), filed by Cambria Company LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Johnson, M.) (Entered: 04/20/2021)

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