On May 26, 2023, Iarnach Technologies Ltd. (“Iarnach” or “Plaintiff”), represented by Alden Harris, Blaine A. Larson, Eric J. Enger, Michael F. Heim, and Robert A. Bullwinkel of Heim Payne & Chorush LLP; and Amir Alavi and Demetrios Anaipakos of Alavi & Anaipakos, PLLC, filed an intellectual property lawsuit against AT&T Inc., AT&T Corp., AT&T Communications LLC, AT&T Mobility LLC, AT&T Mobility II LLC, and AT&T Services Inc. (collectively, “AT&T” or “Defendants”), seeking injunctive relief for alleged infringement of the U.S. patents owned by the plaintiff. This case was filed in the U.S. District Court for the Eastern District of Texas, with Judge Rodney Gilstrap presiding.
In the complaint, the plaintiff alleged, “The Accused Instrumentalities include all components necessary for AT&T to provide fiber-optic networks and network services to its customers, including all hardware and software, optical line terminals (ONTs), and optical network units (ONUs)/optical network terminals (ONTs). This includes both residential and commercial customers, as well as fiber used in AT&T’s wireless backhaul."
Plaintiff also alleged, “The plaintiff filed this complaint for the alleged infringement of U.S. Patent Nos. 8,712,242 (‘the ’242 Patent’), 8,934,359 (‘the ’359 Patent’), 8,942,378 (‘the ’378 Patent’), 9,363,013 (‘the ’013 Patent’) and 9,806,892 (‘the ’892 Patent’) (collectively, the ‘Asserted Patents’) owned by the plaintiff."
The plaintiff then alleged, “The ’242 Patent is generally directed toward the ranging process in a passive optical network. Because an OLT does not know the position of an ONU on which ranging is to be performed, the OLT will open a quiet window to perform the ranging. ’242 Patent at 1:64-2:2. However, a quiet window opened for ranging that lasts too long will disrupt the operation of other ONUs that are in the operation state, thereby lowering their transmission efficiency.”
Plaintiff further alleged, “On information and belief, AT&T has infringed directly and continues to infringe directly the ’242 Patent in its implementation of AT&T’s fiber-optic networks and network services, including AT&T Fiber internet services. The infringing activities include, but are not limited to, the manufacture, use, sale, importation, and/or offer for sale of products and/or services by AT&T for operation on its fiber-optic networks and network services that are capable of performing ranging between OLTs and ONUs.”
Additionally, the plaintiff alleged, “AT&T provides multiple AT&T Fiber internet service plans, as the marketing materials from AT&T make clear. See https://www.att.com/internet/fiber/ (last visited May 8, 2023). These service plans include providing access to AT&T’s fiber-optic networks and network services. On information and belief, the products implemented by AT&T and used in its fiber- optic networks include hardware and/or software that is configured to be capable of performing ranging between OLTs and ONUs.”
The plaintiff also alleged that “Iarnach is informed and believes, and on that basis alleges, that AT&T indirectly infringes at least claim 1 of the ’242 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 Instrumentalities to its customers with the knowledge and intent that use of those products would constitute direct infringement of the ’242 patent.”
Plaintiff presented five claims for relief from alleged infringement of the Asserted Patents owned by the plaintiff.
In the prayer for relief, the plaintiff requested declaratory relief. The plaintiff also requested an award of damages with pre- and post-judgment interest and attorneys’ fees incurred by the plaintiff.
This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.
2:23-CV-00231
05/26/2023
Pending - Other Pending
Intellectual Property - Patent
Rodney Gilstrap
Iarnach Technologies Ltd.
AT&T Corp.
AT&T Communications LLC
AT&T Mobility LLC
AT&T Mobility II LLC
AT&T Services Inc.
Michael F Heim
Robert Allan Bullwinkel
Eric James Enger
Demetrios Anaipakos
Michael Dean McBride
Amir H. Alavi
Alden Harris
Andrea Leigh Fair
Blaine Andrew Larson
Deron R Dacus
David S Frist
(#29) ORDER - Scheduling/Case Management Conference set for 9/28/2023 at 01:30 PM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 8/17/2023. (ch, ) (Entered: 08/18/2023)
(#28) NOTICE of Readiness for Scheduling Conference by Iarnach Technologies Ltd. (Alavi, Amir) (Entered: 08/09/2023)
(#27) ORDER granting #24 Notice of Voluntary Dismissal as to AT&T Inc. Court ACCEPTS AND ACKNOWLEDGES that all claims and causes of action asserted by Plaintiff against AT&T, Inc. in the above-captioned case are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Rodney Gilstrap on 8/8/2023. (ch, ) (Entered: 08/09/2023)
(#26) Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by AT&T Communications LLC, AT&T Corp., AT&T Inc., AT&T Mobility II LLC, AT&T Mobility LLC, AT&T Services Inc. identifying Corporate Parent BellSouth Mobile Data, Inc. for AT&T Communications LLC, AT&T Corp., AT&T Inc., AT&T Mobility II LLC, AT&T Mobility LLC, AT&T Services Inc.. (Frist, David) (Entered: 08/04/2023)
(#25) ANSWER to #1 Complaint, by AT&T Communications LLC, AT&T Corp., AT&T Inc., AT&T Mobility II LLC, AT&T Mobility LLC, AT&T Services Inc..(Frist, David) (Entered: 08/04/2023)
Proposed Order
(#24) NOTICE of Voluntary Dismissal by Iarnach Technologies Ltd. (Attachments: #1 Proposed Order)(Alavi, Amir) (Entered: 08/03/2023)
Additional Attachment(s)
Additional Attachment(s)
Additional Attachment(s)
(#7) DEMAND for Trial by Jury by Iarnach Technologies Ltd.. (Heim, Michael) (Entered: 05/26/2023)
(#6) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Heim, Michael) (Entered: 05/26/2023)
(#5) NOTICE of Attorney Appearance by Robert Allan Bullwinkel on behalf of Iarnach Technologies Ltd. (Bullwinkel, Robert) (Entered: 05/26/2023)
(#4) NOTICE of Attorney Appearance by Eric James Enger on behalf of Iarnach Technologies Ltd. (Enger, Eric) (Entered: 05/26/2023)
(#3) NOTICE of Attorney Appearance by Alden Harris on behalf of Iarnach Technologies Ltd. (Harris, Alden) (Entered: 05/26/2023)
(#2) NOTICE of Attorney Appearance by Blaine Andrew Larson on behalf of Iarnach Technologies Ltd. (Larson, Blaine) (Entered: 05/26/2023)
Exhibit F
Exhibit C
Docket(#29) ORDER - Scheduling/Case Management Conference set for 9/28/2023 at 01:30 PM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 8/17/2023. (ch, ) (Entered: 08/18/2023)
[-] Read LessDocket(#28) NOTICE of Readiness for Scheduling Conference by Iarnach Technologies Ltd. (Alavi, Amir) (Entered: 08/09/2023)
[-] Read LessDocket(#27) ORDER granting #24 Notice of Voluntary Dismissal as to AT&T Inc. Court ACCEPTS AND ACKNOWLEDGES that all claims and causes of action asserted by Plaintiff against AT&T, Inc. in the above-captioned case are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Rodney Gilstrap on 8/8/2023. (ch, ) (Entered: 08/09/2023)
[-] Read LessDocket(#26) Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by AT&T Communications LLC, AT&T Corp., AT&T Inc., AT&T Mobility II LLC, AT&T Mobility LLC, AT&T Services Inc. identifying Corporate Parent BellSouth Mobile Data, Inc. for AT&T Communications LLC, AT&T Corp., AT&T Inc., AT&T Mobility II LLC, AT&T Mobility LLC, AT&T Services Inc.. (Frist, David) (Entered: 08/04/2023)
[-] Read LessDocket(#25) ANSWER to #1 Complaint, by AT&T Communications LLC, AT&T Corp., AT&T Inc., AT&T Mobility II LLC, AT&T Mobility LLC, AT&T Services Inc..(Frist, David) (Entered: 08/04/2023)
[-] Read LessDocket(#24) NOTICE of Voluntary Dismissal by Iarnach Technologies Ltd. (Attachments: #1 Proposed Order)(Alavi, Amir) (Entered: 08/03/2023)
[-] Read LessDocket(#23) NOTICE of Change of Address by Michael F Heim (Heim, Michael) (Entered: 07/31/2023)
[-] Read LessDocket(#22) NOTICE of Change of Address by Amir H. Alavi (Alavi, Amir) (Entered: 07/07/2023)
[-] Read LessDocketDefendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for AT&T Corp. to 8/4/2023. 43 Days Granted for Deadline Extension.( ch, ) (Entered: 06/09/2023)
[-] Read LessDocketDefendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for AT&T Mobility II LLC to 8/4/2023; AT&T Communications LLC to 8/4/2023; AT&T Services Inc. to 8/4/2023; AT&T Inc. to 8/4/2023; AT&T Mobility LLC to 8/4/2023. 45 Days Granted for Deadline Extension.( ch, ) (Entered: 06/09/2023)
[-] Read LessDocket(#8) SUMMONS Issued as to AT&T Communications LLC, AT&T Corp., AT&T Inc., AT&T Mobility II LLC, AT&T Mobility LLC, AT&T Services Inc.. (Attachments: #1 Additional Attachment(s), #2 Additional Attachment(s), #3 Additional Attachment(s), #4 Additional Attachment(s), #5 Additional Attachment(s))(ch, ) (Entered: 05/26/2023)
[-] Read LessDocket(#7) DEMAND for Trial by Jury by Iarnach Technologies Ltd.. (Heim, Michael) (Entered: 05/26/2023)
[-] Read LessDocket(#6) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Heim, Michael) (Entered: 05/26/2023)
[-] Read LessDocket(#5) NOTICE of Attorney Appearance by Robert Allan Bullwinkel on behalf of Iarnach Technologies Ltd. (Bullwinkel, Robert) (Entered: 05/26/2023)
[-] Read LessDocket(#4) NOTICE of Attorney Appearance by Eric James Enger on behalf of Iarnach Technologies Ltd. (Enger, Eric) (Entered: 05/26/2023)
[-] Read LessDocket(#3) NOTICE of Attorney Appearance by Alden Harris on behalf of Iarnach Technologies Ltd. (Harris, Alden) (Entered: 05/26/2023)
[-] Read LessDocket(#2) NOTICE of Attorney Appearance by Blaine Andrew Larson on behalf of Iarnach Technologies Ltd. (Larson, Blaine) (Entered: 05/26/2023)
[-] Read LessDocketIn 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. (ch, ) (Entered: 05/26/2023)
[-] Read LessDocketCase assigned to District Judge Rodney Gilstrap. (ch, ) (Entered: 05/26/2023)
[-] Read LessDocket(#1) COMPLAINT for Patent Infringement against AT&T Communications LLC, AT&T Corp., AT&T Inc., AT&T Mobility II LLC, AT&T Mobility LLC, AT&T Services Inc. ( Filing fee $ 402 receipt number ATXEDC-9520705.), filed by Iarnach Technologies Ltd.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Heim, Michael) (Entered: 05/26/2023)
[-] Read Less