On December 15, 2022, Cobblestone Wireless, LLC (“Cobblestone” or “Plaintiff”), represented by Reza Mirzaie of Russ August & Kabat, filed an intellectual property lawsuit against AT&T Inc., AT&T Services Inc., AT&T Mobility LLC, and AT&T Corp. (collectively, “AT&T” or “Defendants”), seeking declaratory relief and damages for alleged patent infringement. This case was filed in the U.S. District Court for the Eastern District of Texas, with Judge Rodney Gilstrap presiding.
Plaintiff filed this complaint for the alleged infringement of U.S. Patent Nos. 8,891,347 (the “’347 patent”), 9,094,888 (the “’888 patent”), 10,368,361 (the “’361 patent”), and 8,554,196 (the “’196 patent”) (collectively, the “Patents-in-Suit”).
In the complaint, the plaintiff alleged, “Defendants make, use, offer for sale, sell, and/or import certain products (‘Accused Instrumentalities’), including (1) cellular base stations that support 3GPP 5G NR beamforming, and (2) cellular handsets that support 3GPP 5G NR beamforming, including without limitation the Apple iPhone 12, [..] and Samsung Galaxy S20 FE, [..], that directly infringe, literally and/or under the doctrine of equivalents, at least Claim 1 of the ’347 Patent.”
The plaintiff then alleged, “Defendants also knowingly and intentionally induce infringement of at least Claim 1 of the ’347 Patent in violation of 35 U.S.C. § 271(b). Through at least the filing and service of this Complaint, Defendants have had knowledge of the ’347 Patent and the infringing nature of the Accused Instrumentalities. Despite this knowledge of the ’347 Patent, Defendants continue to actively encourage and instruct their customers and end users (for example, through user manuals and online instruction materials on their website) to use the Accused Instrumentalities in ways that directly infringe the ’347 Patent. Defendants do so knowing and intending that their customers and end users will commit these infringing acts. Defendants also continue to make, use, offer for sale, sell, and/or import the Accused Instrumentalities, despite their knowledge of the ’347 Patent, thereby specifically intending for and inducing their customers to infringe the ’347 Patent through the customers’ normal and customary use of the Accused Instrumentalities.”
Plaintiff further alleged, “Defendants have also infringed, and continue to infringe, at least Claim 1 of the ’347 Patent by selling, offering for sale, or importing into the United States, the Accused Instrumentalities, knowing that the Accused Instrumentalities constitute a material part of the inventions claimed in the ’347 Patent, are especially made or adapted to infringe the ’347 Patent, and are not staple articles or commodities of commerce suitable for non-infringing use. Defendants have been, and currently are, contributorily infringing the ’347 Patent in violation of 35 U.S.C. §§ 271(c) and (f).”
The plaintiff presented similar allegations for the infringement of ’888 patent, ’361 patent, and ’196 patent.
Plaintiff presented four claims for relief from alleged infringement of the patents-in-suit.
In the prayer for relief, the plaintiffs requested declaration that Defendants have infringed, either literally and/or under the doctrine of equivalents, the patents-in-suit, and that the patents-in-suit are valid, enforceable, and patent-eligible. The plaintiff also requested an award of compensatory and supplemental damages with pre- and post-judgment interest.
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2:22-CV-00474
12/15/2022
Pending - Other Pending
Intellectual Property - Patent
Rodney Gilstrap
Roy S. Payne
Cobblestone Wireless, LLC
AT&T Services Inc.
AT&T Mobility LLC
AT&T Corp.
Jonathan Ma
Neil Alan Rubin
Marc A Fenster
Qi Tong
Amy Elizabeth Hayden
Christian W Conkle
Jason Wietholter
Reza Mirzaie
Andrea Leigh Fair
John Daniel Haynes
David S Frist
Katherine Donald
Michael Clayton Deane
Emily Chambers Welch
Ross Ritter Barton
Sloane Sueanne Kyrazis
Theodore Stevenson, III
Deron R Dacus
(#35) ***FILED IN ERROR***NOTICE of Attorney Appearance by Qi Tong on behalf of Cobblestone Wireless, LLC (Tong, Qi) Modified on 3/14/2023 (ch, ). (Entered: 03/14/2023)
(#34) ***FILED IN ERROR***NOTICE of Attorney Appearance by Jason Wietholter on behalf of Cobblestone Wireless, LLC (Wietholter, Jason) Modified on 3/14/2023 (ch, ). (Entered: 03/14/2023)
(#33) ***FILED IN ERROR***NOTICE of Attorney Appearance by Andrea Leigh Fair on behalf of Cobblestone Wireless, LLC (Fair, Andrea) Modified on 3/14/2023 (ch, ). (Entered: 03/14/2023)
(#32) AMENDED CONSOLIDATION ORDER - The above-captioned cases are hereby ORDERED to be CONSOLIDATED for all pretrial issues with the LEAD CASE, Case No. 2:22-cv-00477. All parties are instructed to file any future filings in the LEAD CASE. Signed by District Judge Rodney Gilstrap on 3/13/2023. (ch, ) (Entered: 03/13/2023)
(#31) NOTICE of Attorney Appearance by Katherine Donald on behalf of AT&T Corp., AT&T Mobility LLC, AT&T Services Inc. (Donald, Katherine) (Entered: 03/13/2023)
(#30) NOTICE of Attorney Appearance by Emily Chambers Welch on behalf of AT&T Corp., AT&T Mobility LLC, AT&T Services Inc. (Welch, Emily) (Entered: 03/06/2023)
(#29) NOTICE of Attorney Appearance by Theodore Stevenson, III on behalf of AT&T Corp., AT&T Mobility LLC, AT&T Services Inc. (Stevenson, Theodore) (Entered: 03/06/2023)
(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Mirzaie, Reza) (Entered: 12/15/2022)
Civil Cover Sheet
Exhibit 8
Exhibit 7
Exhibit 6
Exhibit 5
Exhibit 4
Exhibit 3
Exhibit 2
Exhibit 1
Main Document
Docket***FILED IN ERROR. FILE IN THE LEAD CASE Document # 34, Appearance of Counsel. PLEASE IGNORE.*** (ch, ) (Entered: 03/14/2023)
[-] Read LessDocket***FILED IN ERROR. FILE IN LEAD CASE Document # 35, Appearance of Counsel. PLEASE IGNORE.*** (ch, ) (Entered: 03/14/2023)
[-] Read LessDocket(#35) ***FILED IN ERROR***NOTICE of Attorney Appearance by Qi Tong on behalf of Cobblestone Wireless, LLC (Tong, Qi) Modified on 3/14/2023 (ch, ). (Entered: 03/14/2023)
[-] Read LessDocket(#34) ***FILED IN ERROR***NOTICE of Attorney Appearance by Jason Wietholter on behalf of Cobblestone Wireless, LLC (Wietholter, Jason) Modified on 3/14/2023 (ch, ). (Entered: 03/14/2023)
[-] Read LessDocket***FILED IN ERROR. THIS CASE IS CONSOLIDATED PLEASE FILE IN LEAD CASE Document # 33, Notice of Appearance. PLEASE IGNORE.*** (ch, ) (Entered: 03/14/2023)
[-] Read LessDocket(#33) ***FILED IN ERROR***NOTICE of Attorney Appearance by Andrea Leigh Fair on behalf of Cobblestone Wireless, LLC (Fair, Andrea) Modified on 3/14/2023 (ch, ). (Entered: 03/14/2023)
[-] Read LessDocket(#32) AMENDED CONSOLIDATION ORDER - The above-captioned cases are hereby ORDERED to be CONSOLIDATED for all pretrial issues with the LEAD CASE, Case No. 2:22-cv-00477. All parties are instructed to file any future filings in the LEAD CASE. Signed by District Judge Rodney Gilstrap on 3/13/2023. (ch, ) (Entered: 03/13/2023)
[-] Read LessDocket(#31) NOTICE of Attorney Appearance by Katherine Donald on behalf of AT&T Corp., AT&T Mobility LLC, AT&T Services Inc. (Donald, Katherine) (Entered: 03/13/2023)
[-] Read LessDocket(#30) NOTICE of Attorney Appearance by Emily Chambers Welch on behalf of AT&T Corp., AT&T Mobility LLC, AT&T Services Inc. (Welch, Emily) (Entered: 03/06/2023)
[-] Read LessDocket(#29) NOTICE of Attorney Appearance by Theodore Stevenson, III on behalf of AT&T Corp., AT&T Mobility LLC, AT&T Services Inc. (Stevenson, Theodore) (Entered: 03/06/2023)
[-] Read LessDocket(#8) NOTICE of Attorney Appearance by Jonathan Ma on behalf of Cobblestone Wireless, LLC (Ma, Jonathan) (Entered: 12/19/2022)
[-] Read LessDocket(#7) NOTICE of Attorney Appearance by Christian W Conkle on behalf of Cobblestone Wireless, LLC (Conkle, Christian) (Entered: 12/19/2022)
[-] Read LessDocket(#6) NOTICE of Attorney Appearance by Marc A Fenster on behalf of Cobblestone Wireless, LLC (Fenster, Marc) (Entered: 12/19/2022)
[-] Read LessDocket(#5) ACKNOWLEDGMENT OF RECEIPT by AT&T Corp., AT&T Inc., AT&T Mobility LLC, AT&T Services Inc.. (Attachments: #1 Summons(es), #2 Summons(es), #3 Summons(es))(ch, ) (Entered: 12/15/2022)
[-] 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: 12/15/2022)
[-] Read LessDocketCase assigned to District Judge Rodney Gilstrap and Magistrate Judge Roy S. Payne. (ch, ) (Entered: 12/15/2022)
[-] Read LessDocket(#4) DEMAND for Trial by Jury by Cobblestone Wireless, LLC. (Mirzaie, Reza) (Entered: 12/15/2022)
[-] Read LessDocket(#3) CORPORATE DISCLOSURE STATEMENT filed by Cobblestone Wireless, LLC (Mirzaie, Reza) (Entered: 12/15/2022)
[-] Read LessDocket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Mirzaie, Reza) (Entered: 12/15/2022)
[-] Read LessDocket(#1) COMPLAINT FOR PATENT INFRINGEMENT against AT&T Corp., AT&T Inc., AT&T Mobility LLC, AT&T Services Inc. ( Filing fee $ 402 receipt number ATXEDC-9272363.), filed by Cobblestone Wireless, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 12/15/2022)
[-] Read Less