This case was last updated from U.S. District Courts on 12/14/2021 at 09:46:24 (UTC).

Charge Fusion Technologies, LLC v. Tesla, Inc.

Case Summary

On October 15, 2021, Charge Fusion Technologies, LLC (“Charge Fusion” or “Plaintiff”), represented by Bradley David Liddle of Carter Arnett PLLC, filed an intellectual property lawsuit against Tesla, Incorporated (“Tesla” or “Defendant”), seeking preliminary and permanent injunctive relief and damages along with prejudgement and post-judgement interests among 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. 

Plaintiff filed this complaint for the alleged infringement of the United States Patent No. 9,853,488 (the “’488 Patent”), United States Patent No. 10,819,135 (the “’135 Patent”) and United States Patent No. 10,998,753 (the “’753 Patent”) (collectively, “Patents-in-suit”) owned by Plaintiff.

In the complaint, Plaintiff alleged that, “Defendant, individually and collectively as a common business enterprise and without authorization or license from Charge Fusion, has been and is directly infringing the ’488 Patent, either literally or equivalently, as infringement is defined by 35 U.S.C. § 271, including through making, using, importing, selling, and offering for sale electric cars and charging stations that infringe one or more claims of the ’488 Patent. Tesla, individually and collectively as a common business enterprise, develops, designs, manufactures, sells, and distributes electric cars and charging stations that infringe one or more claims of the ’488 Patent.”

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

Plaintiff further alleged that, “Tesla has induced and are knowingly inducing their dealers, customers, and end-users to directly infringe the claims of the ’488 Patent, with the specific intent to induce acts constituting infringement, and knowing that the induced acts constitute patent infringement, either literally or equivalently.”

Plaintiff also alleged that, “Tesla has knowingly contributed to direct infringement by their customers by having imported, sold, and offered for sale, and knowingly importing, selling, and offering to sell within the United States products covered by the claims of ’488 Patent, including, but not limited to, the Accused Tesla Cars and the associated charging stations which are not suitable for substantial non-infringing use and which are especially made or especially adapted for use by its customers in an infringement of the asserted patent.”

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



In the prayer for relief, Plaintiff has requested the court for preliminary and permanent injunctive relief and declaratory relief along with an award for damages adequate to compensate Charge Fusion for the patent infringement that has occurred, together with prejudgment and post-judgment interest and costs, and an ongoing royalty for continued infringement, award reasonable attorneys’ fees and any other relief 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:

    6:21-CV-01078

  • Filing Date:

    10/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Charge Fusion Technologies, LLC

Defendant

Tesla, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Bradley David Liddle

Scott W. Breedlove

Theresa M. Dawson

Frederick A. Tecce

Michael C. Pomeroy

Nathan I. Cox

 

Court Documents

#1

#13

(#13) NOTICE of Attorney Appearance by Scott W. Breedlove on behalf of Charge Fusion Technologies, LLC. Attorney Scott W. Breedlove added to party Charge Fusion Technologies, LLC(pty:pla) (Breedlove, Scott) (Entered: 12/03/2021)

#12

(#12) NOTICE of Agreement to Extend Time to Respond to Complaint (CORRECTED) by Charge Fusion Technologies, LLC (Tecce, Frederick) (Entered: 11/15/2021)

#11

(#11) DEFICIENCY NOTICE: re #10 Unopposed MOTION for Extension of Time to File Answer (ir) (Entered: 11/12/2021)

#10

(#10) Unopposed MOTION for Extension of Time to File Answer by Charge Fusion Technologies, LLC. (Liddle, Bradley) (Entered: 11/12/2021)

#9

(#9) SUMMONS Returned Executed by Charge Fusion Technologies, LLC. Tesla, Inc. served on 10/27/2021, answer due 11/17/2021. (Liddle, Bradley) (Entered: 11/02/2021)

#8

(#8) ORDER GRANTING #7 Motion to Appear Pro Hac Vice for Attorney Frederick A. Tecce for Charge Fusion Technologies, LLC. 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. Signed by Judge Alan D Albright. (jc5) (Entered: 10/22/2021)

7 #1

Proposed Order

#7

(#7) MOTION to Appear Pro Hac Vice by Bradley David Liddle for Frederick A. Tecce ( Filing fee $ 100 receipt number 0542-15356734) by on behalf of Charge Fusion Technologies, LLC. (Attachments: #1 Proposed Order)(Liddle, Bradley) (Entered: 10/20/2021)

#6

(#6) Summons Issued as to Tesla, Inc.. (lad) (Entered: 10/19/2021)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS by Charge Fusion Technologies, LLC. for Tesla, Inc. (Liddle, Bradley) (Entered: 10/18/2021)

#4

(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Liddle, Bradley) (Entered: 10/18/2021)

#3

(#3) Pro Hac Vice Letter to Theresa Dawson. (lad) (Entered: 10/18/2021)

#2

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

7 More Documents Available
View All Documents

 

Docket Entries

  • 12/03/2021
  • View Court Documents

  • Docket(#13) NOTICE of Attorney Appearance by Scott W. Breedlove on behalf of Charge Fusion Technologies, LLC. Attorney Scott W. Breedlove added to party Charge Fusion Technologies, LLC(pty:pla) (Breedlove, Scott) (Entered: 12/03/2021)

    [+] Read More [-] Read Less
  • 11/15/2021

  • DocketReset Deadlines: Tesla, Inc. answer due 12/17/2021. (jc5) (Entered: 11/15/2021)

    [+] Read More [-] Read Less
  • 11/15/2021
  • View Court Documents

  • Docket(#12) NOTICE of Agreement to Extend Time to Respond to Complaint (CORRECTED) by Charge Fusion Technologies, LLC (Tecce, Frederick) (Entered: 11/15/2021)

    [+] Read More [-] Read Less
  • 11/12/2021
  • View Court Documents

  • Docket(#11) DEFICIENCY NOTICE: re #10 Unopposed MOTION for Extension of Time to File Answer (ir) (Entered: 11/12/2021)

    [+] Read More [-] Read Less
  • 11/12/2021
  • View Court Documents

  • Docket(#10) Unopposed MOTION for Extension of Time to File Answer by Charge Fusion Technologies, LLC. (Liddle, Bradley) (Entered: 11/12/2021)

    [+] Read More [-] Read Less
  • 11/02/2021
  • View Court Documents

  • Docket(#9) SUMMONS Returned Executed by Charge Fusion Technologies, LLC. Tesla, Inc. served on 10/27/2021, answer due 11/17/2021. (Liddle, Bradley) (Entered: 11/02/2021)

    [+] Read More [-] Read Less
  • 10/22/2021
  • View Court Documents

  • Docket(#8) ORDER GRANTING #7 Motion to Appear Pro Hac Vice for Attorney Frederick A. Tecce for Charge Fusion Technologies, LLC. 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. Signed by Judge Alan D Albright. (jc5) (Entered: 10/22/2021)

    [+] Read More [-] Read Less
  • 10/20/2021
  • View Court Documents

  • Docket(#7) MOTION to Appear Pro Hac Vice by Bradley David Liddle for Frederick A. Tecce ( Filing fee $ 100 receipt number 0542-15356734) by on behalf of Charge Fusion Technologies, LLC. (Attachments: #1 Proposed Order)(Liddle, Bradley) (Entered: 10/20/2021)

    [+] Read More [-] Read Less
  • 10/19/2021
  • View Court Documents

  • Docket(#6) Summons Issued as to Tesla, Inc.. (lad) (Entered: 10/19/2021)

    [+] Read More [-] Read Less
  • 10/18/2021
  • View Court Documents

  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS by Charge Fusion Technologies, LLC. for Tesla, Inc. (Liddle, Bradley) (Entered: 10/18/2021)

    [+] Read More [-] Read Less
  • 10/18/2021
  • View Court Documents

  • Docket(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Liddle, Bradley) (Entered: 10/18/2021)

    [+] Read More [-] Read Less
  • 10/18/2021
  • View Court Documents

  • Docket(#3) Pro Hac Vice Letter to Theresa Dawson. (lad) (Entered: 10/18/2021)

    [+] Read More [-] Read Less
  • 10/18/2021

  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. Pursuant to the Standing Order Regarding Patent/Trademark Cases effective 12/9/19, Attorneys filing Patent/Trademark cases in TXWD Waco division must prepare a form AO120, FLATTEN, and e-file using the "Notice of Filing of Patent/Trademark Form" event upon opening of the case. (lad) (Entered: 10/18/2021)

    [+] Read More [-] Read Less
  • 10/15/2021

  • DocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) (Entered: 10/19/2021)

    [+] Read More [-] Read Less
  • 10/15/2021
  • View Court Documents

  • Docket(#2) JS44 (Civil Cover Sheet) submitted by Charge Fusion Technologies, LLC. (Liddle, Bradley) (Entered: 10/15/2021)

    [+] Read More [-] Read Less
  • 10/15/2021
  • View Court Documents

  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-15341454). No Summons requested at this time, filed by Charge Fusion Technologies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Liddle, Bradley) (Entered: 10/15/2021)

    [+] Read More [-] Read Less

Why is this public record being published online?

UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. By continuing to use this website, you agree to UniCourt’s General Disclaimer, Terms of Service, Cancellation and Refund Policy, Privacy Policy, and Public Records Policy. If you do not agree with these terms, then do not use our website and/or services.