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This case was last updated from PACER on 06/14/2021 at 13:10:57 (UTC).

CommWorks Solutions, LLC v. Comcast Cable Communications, LLC et al

Case Summary

On April 15, 2021, CommWorks Solutions, LLC (“CommWorks” or “Plaintiff”), represented by Andrey Belenky, Brandon Moore and Dmitry Kheyfits of Kheyfits Belenky LLP and Catherine Bartles and Stafford Grigsby Helm Davis of Stafford Davis Firm, PC, filed an intellectual property lawsuit against Comcast Cable Communications, LLC d/b/a Xfinity, Comcast Corp., and Comcast Cable Communications Management, LLC (collectively, “Comcast” or “Defendants”), seeking injunctive relief along with damages for allegedly unlawfully infringing Globally Accessible Computer Network-Based Broadband Communication System With User-Controllable Quality of Information Delivery and Flow Priority and Method for Contention Free Traffic Detection. This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding. 

 

CommWorks asserted that the Plaintiff is the legal owner by assignment of all rights, title and interest in numerous United States and foreign patents and applications including United States Patent No. 6,832,249; entitled “Globally Accessible Computer Network-Based Broadband Communication System with User-Controllable Quality of Information Delivery and Flow Priority”, U.S. Patent No. 7,027,465, entitled “Method for Contention Free Traffic Detection”, U.S. Patent No. 7,177,285, entitled “Time Based Wireless Access Provisioning”, U.S. Patent No. 7,760,664, entitled “Determining and Provisioning Paths in a Network.”,  U.S. Patent No. 8,923,846, entitled “Recovery Techniques in Mobile Networks.” and U.S. Patent No. RE42,883, “Enhanced Phone-Based Collaboration.” (Collectively, “the Patents-in-Suit”).

 

In its complaint, the Plaintiff alleged that, “Comcast has infringed and continues to infringe at least claim 11 of the ’249 Patent by making, using, offering to sell, selling, and/or importing the Accused Products and Services. It has also infringed ’465 Patent by making, using, offering to sell, selling, and/or importing the Accused Products and Services, which perform a method for detecting priority of data frames in a network. Apart from this Comcast has infringed the ’285 Patent pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by making, using, offering for sale, selling, and/or importing into the United States Wi-Fi enabled modems and routers and Wi-Fi services, such as, for example, the Xfinity xFi Wireless Gateway.”

 

The Plaintiff also alleged that, “Comcast has induced infringement of the ’664 Patent pursuant to 35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and encouraging others, including, but not limited to, its partners, customers, and end users, to use, sell, and/or offer to sell in the United States, Comcast has infringed the ’846 Patent pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by providing services to its customers that make, use, offer to sell, sell in the United States or import and Comcast has induced infringement of the ’883 Patent pursuant to 35 U.S.C. § 271(b), by actively and knowingly inducing, directing, causing, and encouraging others, including, but not limited to, its partners, customers, and end users, to use, sell, and/or offer to sell in the United States”.

 

There are six claims for relief laid down by the Plaintiff, all for the alleged infringement of U.S. Patent Nos. 6,832,249 U.S. Patent No. 7,027,465, U.S. Patent No. Patent No. 7,177,285, U.S. Patent No. 7,760,664, U.S. Patent No. 8,923,846, and U.S. Patent No. RE42,883

 

In its prayer for relief, the Plaintiff has requested the court to permanently enjoin Comcast from infringing the Patents-in-Suit, award of compensatory damages adequate to compensate CommWorks for Comcast’s infringement of the Patents-in-Suit, in no event less than a reasonable royalty trebled as provided by 35 U.S.C. § 284, and award prejudgment and post-judgment interest on CommWorks’ award along with costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00366

  • Filing Date:

    04/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

CommWorks Solutions, LLC

Defendants

Comcast Corp.

Comcast Cable Communications Magagement, LLC

Comcast Cable Communications, LLC doing business as Xfinity

Attorney/Law Firm Details

Plaintiff Attorneys

Andrey Belenky

Attorney at Kheyfits Belenky LLP

1140 Avenue Of The Americas, 9Th Floor

New York, NY 10036

Brandon Moore

Attorney at Kheyfits Belenky LLP

7500 Rialto Boulevard, Bldg. 1, Suite 250

Austin, TX 78735

Dmitry Kheyfits

Attorney at Kheyfits Belenky LLP

108 Wild Basin Road

Austin, TX 78746

Catherine Bartles

Attorney at Stafford Davis Firm, PC

815 S Broadway Ave

Tyler, TX 75701

Stafford Grigsby Helm Davis

Attorney at The Stafford Davis Firm, PC

815 South Broadway Avenue

Tyler, TX 75701

Defendant Attorneys

Eugene Y. Mar

Attorney at Farella Braun & Martel, LLP

235 Montgomery Street, 17Th Floor

San Francisco, CA 94104

Deron R Dacus

Attorney at The Dacus Firm, P.C.

821 Ese Loop 323, Suite 430

Tyler, TX 75701

 

Court Documents

#13

(#13) Agreed MOTION for Extension of Time to File Answer re #1 Complaint,,,, by Comcast Cable Communications Magagement, LLC, Comcast Cable Communications, LLC, Comcast Corp.. (Attachments: #1 Proposed Order)(Dacus, Deron) (Entered: 06/11/2021)

1 #37

Exhibit 31

1 #36

Exhibit 30

1 #35

Exhibit 29

1 #34

Exhibit 28

1 #33

Exhibit 27

1 #32

Exhibit 26

1 #31

Exhibit 25

1 #30

Exhibit 24

1 #29

Exhibit 23

1 #8

Exhibit 2

1 #7

Exhibit 1

1 #6

Exhibit F - USRE42883

1 #5

Exhibit E - US8923846

1 #4

Exhibit D - US7760664

1 #3

Exhibit C - US7177285

1 #2

Exhibit B - US7027465

1 #1

Exhibit A - US6832249

56 More Documents Available
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Docket Entries

  • 06/11/2021
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  • Docket(#13) Agreed MOTION for Extension of Time to File Answer re #1 Complaint,,,, by Comcast Cable Communications Magagement, LLC, Comcast Cable Communications, LLC, Comcast Corp.. (Attachments: #1 Proposed Order)(Dacus, Deron) (Entered: 06/11/2021)

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  • 06/09/2021
  • DocketReset Deadlines: Comcast Cable Communications Magagement, LLC, Comcast Cable Communications, LLC and Comcast Corp. answer due 6/11/2021. (lad) (Entered: 06/10/2021)

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  • 06/09/2021
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  • DocketText Order GRANTING #10 Motion for Extension of Time to Answer entered by Judge Alan D Albright. It is ORDERED that Defendants' agreed motion to extend the time within which Defendants are required to move, answer, or otherwise respond to Plaintiff's Complaint is GRANTED. It is further ORDERED that the time in which Defendants are required to move, answer, or otherwise respond to Plaintiff's Complaint be extended to and include June 11, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 06/09/2021)

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  • 06/09/2021
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  • Docket(#12) MOTION to Appear Pro Hac Vice by Deron R Dacus (on behalf of James L. Day) ( Filing fee $ 100 receipt number 0542-14891097) by on behalf of Comcast Cable Communications Magagement, LLC, Comcast Cable Communications, LLC, Comcast Corp.. (Attachments: #1 Proposed Order)(Dacus, Deron) (Entered: 06/09/2021)

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  • 06/04/2021
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  • Docket(#11) NOTICE of Change of Address by Andrey Belenky (Belenky, Andrey) (Entered: 06/04/2021)

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  • 05/03/2021
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  • Docket(#10) Agreed MOTION for Extension of Time to File Answer re #1 Complaint,,,, by Comcast Cable Communications Magagement, LLC, Comcast Cable Communications, LLC, Comcast Corp.. (Attachments: #1 Proposed Order)(Dacus, Deron) (Entered: 05/03/2021)

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  • 05/03/2021
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  • Docket(#9) NOTICE of Attorney Appearance by Deron R Dacus on behalf of Comcast Cable Communications Magagement, LLC, Comcast Cable Communications, LLC, Comcast Corp.. Attorney Deron R Dacus added to party Comcast Cable Communications Magagement, LLC(pty:dft), Attorney Deron R Dacus added to party Comcast Cable Communications, LLC(pty:dft), Attorney Deron R Dacus added to party Comcast Corp.(pty:dft) (Dacus, Deron) (Entered: 05/03/2021)

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  • 04/15/2021
  • 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: 04/15/2021)

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  • 04/15/2021
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  • Docket(#8) Summons Issued as to Comcast Corp.. (lad) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#7) Summons Issued as to Comcast Cable Communications Magagement, LLC. (lad) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#6) Summons Issued as to Comcast Cable Communications, LLC. (lad) (Entered: 04/15/2021)

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  • 04/15/2021
  • DocketAll parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#5) NOTICE of Attorney Appearance by Catherine Bartles on behalf of CommWorks Solutions, LLC. Attorney Catherine Bartles added to party CommWorks Solutions, LLC(pty:pla) (Bartles, Catherine) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#4) RULE 7 DISCLOSURE STATEMENT filed by CommWorks Solutions, LLC. (Davis, Stafford) (Entered: 04/15/2021)

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  • 04/15/2021
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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. (Attachments: #1 Page 2)(Davis, Stafford) (Documents replaced with flattened versions on 4/15/2021) (lad). (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by CommWorks Solutions, LLC. to All Defendants (Attachments: #1 Summons, #2 Summons)(Davis, Stafford) (Documents replaced with flattened versions on 4/15/2021) (lad). (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14701346), filed by CommWorks Solutions, LLC. (Attachments: #1 Exhibit A - US6832249, #2 Exhibit B - US7027465, #3 Exhibit C - US7177285, #4 Exhibit D - US7760664, #5 Exhibit E - US8923846, #6 Exhibit F - USRE42883, #7 Exhibit 1, #8 Exhibit 2, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 6, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9, #16 Exhibit 10, #17 Exhibit 11, #18 Exhibit 12, #19 Exhibit 13, #20 Exhibit 14, #21 Exhibit 15, #22 Exhibit 16, #23 Exhibit 17, #24 Exhibit 18, #25 Exhibit 19, #26 Exhibit 20, #27 Exhibit 21, #28 Exhibit 22, #29 Exhibit 23, #30 Exhibit 24, #31 Exhibit 25, #32 Exhibit 26, #33 Exhibit 27, #34 Exhibit 28, #35 Exhibit 29, #36 Exhibit 30, #37 Exhibit 31, #38 Exhibit 32, #39 Exhibit 33, #40 Exhibit 34, #41 Exhibit 35, #42 Exhibit 36, #43 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/15/2021)

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