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This case was last updated from PACER on 05/25/2021 at 07:24:32 (UTC).

Contour IP Holding, LLC v. GoPro, Inc.

Case Summary

On March 26, 2021, Contour IP Holding, LLC (“Contour” or “Plaintiff”), represented by Dustin James Edwards, John R. Keville, Matthew R. McCullough and William Mitchell Logan of Winston and Strawn LLP, filed an intellectual property lawsuit against GoPro, Inc. (“GoPro” or “Defendant”), seeking damages and ongoing royalty among other relief for alleged infringement of technology for improvements to existing camera processing and computer technology by the Defendant. This case was filed in U.S. District Court in the Northern District of California with Judge William H. Orrick presiding. 

 

The Plaintiff alleged that the Defendants have infringed one or more claims under United States Patent Numbers 8,890,954 entitled “Portable Digital Video Camera Configured for Remote Image Acquisition Control and Viewing,” (the “’954 Patent”) and 8,896,694 entitled “Portable Digital Video Camera Configured for Remote Image Acquisition Control and Viewing,” (the “’694 Patent”) owned by Plaintiff. 

 

Plaintiff in its complaint alleged that “GoPro makes, uses, offers to sell, sells, and/or imports (or directs or induces others to make, use, offer to sell, sell, and/or import) camera products (the “Infringing Products”) in the United States, that infringe, either literally or under the doctrine of equivalents, at least one claim of the ’954 Patent and at least one claim of the ’694 Patent.” and further that “GoPro makes, uses, offers to sell, sells, and/or imports (or directs or induces others to make, use, offer to sell, sell, and/or import) software, which used to be called the “GoPro App” and now appears to have been recently rebranded as “GoPro Quik” (the “GoPro App”) and/or camera accessories, such as SD cards and mounts, in the United States, that when used in combination with the Infringing Products, either literally or under the doctrine of equivalents, at least one claim of the ’954 Patent and at least one claim of the ’694 Patent.”

 

Plaintiff further alleged that “GoPro actively induces infringement of at least one claim of the ’954 Patent and at least one claim of the ’694 Patent by inducing infringing use of the Infringing Products with the GoPro App by, inter alia, instructing others how to engage in infringing uses (e.g., on websites, Twitter, YouTube, product manuals and other media) and by entering into, performing and requiring performance under manufacturing, endorsement, supply, distribution, and/or reseller agreements with others that require use of the GoPro App in combination with the Infringing Products.” “The GoPro App is especially made and/or especially adapted for use with the claimed invention of at least one claim of the ’954 Patent and at least one claim of the ’694 Patent and is not a staple article or commodity of commerce suitable for substantial non-infringing use.”

 

The six claims for relief laid down by the Plaintiff are for the alleged direct, induced and contributory infringement of one or more claims of the ‘954 and the ‘694 Patent.

 

In the prayer for relief, Plaintiff has requested the court to enter a judgement that GoPro has directly and indirectly infringed, induced or contributed towards the infringement of the ‘954 and ‘694 Patent, awarding damages in the tune of $50,000,000 enhanced damages up to three times the amount of compensatory damages for GoPro’s willful infringement. Plaintiff further requested the court for ongoing royalty for GoPro’s continued infringement, or a permanent injunction; prejudgment and postjudgment interest along with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-02143

  • Filing Date:

    03/26/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

William H. Orrick

 

Party Details

Plaintiff

Contour IP Holding, LLC

Defendant

GoPro, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Dustin James Edwards

Attorney at Winston & Strawn LLP

800 Capitol St., Suite 2400

Houston, TX 77002-2925

John R. Keville

Attorney at Winston & Strawn, LLP

800 Capitol St., Suite 2400

Houston, TX 77002

William Mitchell Logan

Attorney at Winston & Strawn LLP

800 Capitol St., Suite 2400

Houston, TX 77002-2925

Matthew R. McCullough

Attorney at Winston & Strawn LLP

275 Middlefield Road, Suite 205

Menlo Park, CA 94025-1203

David P. Enzminger

Attorney at Winston & Strawn LLP

275 Middlefield Road, Suite 205

Menlo Park, CA 94025-4004

 

Court Documents

#18

(#18) ORDER CONSOLIDATING CASES. Signed by Judge William H. Orrick on 05/06/2021. (jmdS, COURT STAFF) (Filed on 5/6/2021) (Entered: 05/06/2021)

#17

(#17) Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 5/4/2021. Close of Fact Discovery: 9/22/2021. Dispositive Motions to be heard by 1/19/2022. Claims Construction Hearing set for 8/27/2021 10:00 AM. Pretrial Conference set for 3/25/2022 02:00 PM and Jury Trial set for 4/18/2022 08:30 AM, both in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Total Time in Court: 14 minutes. Court Reporter: Belle Ball. (jmdS, COURT STAFF) (Date Filed: 5/4/2021) (Entered: 05/04/2021)

#16

(#16) JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Contour IP Holding, LLC. (Keville, John) (Filed on 4/27/2021) (Entered: 04/27/2021)

#15

(#15) WAIVER OF SERVICE Returned Executed filed by Contour IP Holding, LLC. Service waived by GoPro, Inc. waiver sent on 3/26/2021, answer due 5/25/2021. (McCullough, Matthew) (Filed on 4/15/2021) (Entered: 04/15/2021)

#14

(#14) CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 5/4/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 4/27/2021. Signed by Judge William H. Orrick on 4/2/2021. (jmdS, COURT STAFF) (Filed on 4/2/2021) (Entered: 04/02/2021)

#13

(#13) Initial Case Management Scheduling Order with ADR Deadlines. (tnS, COURT STAFF) (Filed on 4/1/2021) (Entered: 04/01/2021)

#12

(#12) Case Reassigned to Judge William H. Orrick. Magistrate Judge Joseph C. Spero no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (mbcS, COURT STAFF) (Filed on 4/1/2021) (Entered: 04/01/2021)

#11

(#11) ORDER RELATING CASE. Signed by Judge William H. Orrick on 4/1/2021. (jmdS, COURT STAFF) (Filed on 4/1/2021) (Entered: 04/01/2021)

#10

(#10) ORDER. Signed 3/29/2021 by Chief Magistrate Judge Joseph C. Spero granting #6 Motion for Pro Hac Vice - Logan. (klhS, COURT STAFF) (Filed on 3/29/2021) (Entered: 03/29/2021)

#9

(#9) ORDER. Signed 3/29/2021 by Chief Magistrate Judge Joseph C. Spero granting #5 Motion for Pro Hac Vice - Edwards. (klhS, COURT STAFF) (Filed on 3/29/2021) (Entered: 03/29/2021)

#8

(#8) Order. Signed 3/29/2021 by Chief Magistrate Judge Joseph C. Spero granting #4 Motion for Pro Hac Vice - Keville.(klhS, COURT STAFF) (Filed on 3/29/2021) (Entered: 03/29/2021)

6 #1

Certificate of Good Standing

#6

(#6) MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15759759) filed by Contour IP Holding, LLC. (Attachments: #1 Certificate of Good Standing)(Logan, William) (Filed on 3/26/2021) (Entered: 03/26/2021)

5 #1

Certificate of Good Standing

#5

(#5) MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15759737) filed by Contour IP Holding, LLC. (Attachments: #1 Certificate of Good Standing)(Edwards, Dustin) (Filed on 3/26/2021) (Entered: 03/26/2021)

4 #1

Certificate of Good Standing

#4

(#4) MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15759672) (Filing Fee Previously Paid on 3/26/2021) filed by Contour IP Holding, LLC. (Attachments: #(1) Certificate of Good Standing)(Keville, John) (Filed on 3/26/2021) Modified on 4/1/2021 (tnS, COURT STAFF). (Entered: 03/26/2021)

#3

(#3) REPORT on the filing of an action regarding patents (cc: form mailed to register). (McCullough, Matthew) (Filed on 3/26/2021) (Entered: 03/26/2021)

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Docket Entries

  • 05/06/2021
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  • Docket(#18) ORDER CONSOLIDATING CASES. Signed by Judge William H. Orrick on 05/06/2021. (jmdS, COURT STAFF) (Filed on 5/6/2021) (Entered: 05/06/2021)

    Read MoreRead Less
  • 05/04/2021
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  • Docket(#17) Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 5/4/2021. Close of Fact Discovery: 9/22/2021. Dispositive Motions to be heard by 1/19/2022. Claims Construction Hearing set for 8/27/2021 10:00 AM. Pretrial Conference set for 3/25/2022 02:00 PM and Jury Trial set for 4/18/2022 08:30 AM, both in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Total Time in Court: 14 minutes. Court Reporter: Belle Ball. (jmdS, COURT STAFF) (Date Filed: 5/4/2021) (Entered: 05/04/2021)

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  • 04/27/2021
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  • Docket(#16) JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Contour IP Holding, LLC. (Keville, John) (Filed on 4/27/2021) (Entered: 04/27/2021)

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  • 04/15/2021
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  • Docket(#15) WAIVER OF SERVICE Returned Executed filed by Contour IP Holding, LLC. Service waived by GoPro, Inc. waiver sent on 3/26/2021, answer due 5/25/2021. (McCullough, Matthew) (Filed on 4/15/2021) (Entered: 04/15/2021)

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  • 04/02/2021
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  • Docket(#14) CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 5/4/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 4/27/2021. Signed by Judge William H. Orrick on 4/2/2021. (jmdS, COURT STAFF) (Filed on 4/2/2021) (Entered: 04/02/2021)

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  • 04/01/2021
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  • Docket(#13) Initial Case Management Scheduling Order with ADR Deadlines. (tnS, COURT STAFF) (Filed on 4/1/2021) (Entered: 04/01/2021)

    Read MoreRead Less
  • 04/01/2021
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  • Docket(#12) Case Reassigned to Judge William H. Orrick. Magistrate Judge Joseph C. Spero no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (mbcS, COURT STAFF) (Filed on 4/1/2021) (Entered: 04/01/2021)

    Read MoreRead Less
  • 04/01/2021
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  • Docket(#11) ORDER RELATING CASE. Signed by Judge William H. Orrick on 4/1/2021. (jmdS, COURT STAFF) (Filed on 4/1/2021) (Entered: 04/01/2021)

    Read MoreRead Less
  • 03/29/2021
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  • Docket(#10) ORDER. Signed 3/29/2021 by Chief Magistrate Judge Joseph C. Spero granting #6 Motion for Pro Hac Vice - Logan. (klhS, COURT STAFF) (Filed on 3/29/2021) (Entered: 03/29/2021)

    Read MoreRead Less
  • 03/29/2021
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  • Docket(#9) ORDER. Signed 3/29/2021 by Chief Magistrate Judge Joseph C. Spero granting #5 Motion for Pro Hac Vice - Edwards. (klhS, COURT STAFF) (Filed on 3/29/2021) (Entered: 03/29/2021)

    Read MoreRead Less
  • 03/29/2021
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  • Docket(#8) Order. Signed 3/29/2021 by Chief Magistrate Judge Joseph C. Spero granting #4 Motion for Pro Hac Vice - Keville.(klhS, COURT STAFF) (Filed on 3/29/2021) (Entered: 03/29/2021)

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  • 03/26/2021
  • Docket(#7) Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/9/2021. (bwS, COURT STAFF) (Filed on 3/26/2021) (Entered: 03/29/2021)

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  • 03/26/2021
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  • Docket(#6) MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15759759) filed by Contour IP Holding, LLC. (Attachments: #1 Certificate of Good Standing)(Logan, William) (Filed on 3/26/2021) (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#5) MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15759737) filed by Contour IP Holding, LLC. (Attachments: #1 Certificate of Good Standing)(Edwards, Dustin) (Filed on 3/26/2021) (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#4) MOTION for leave to appear in Pro Hac Vice, (Filing Fee: $317.00, receipt number 0971-15759672) (Filing Fee Previously Paid on 3/26/2021) filed by Contour IP Holding, LLC. (Attachments: #(1) Certificate of Good Standing)(Keville, John) (Filed on 3/26/2021) Modified on 4/1/2021 (tnS, COURT STAFF). (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#3) REPORT on the filing of an action regarding patents (cc: form mailed to register). (McCullough, Matthew) (Filed on 3/26/2021) (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#2) CERTIFICATE OF INTERESTED ENTITIES OR PERSONS PURSUANT TO CIVIL L.R. 3-15 filed by Contour IP Holding, LLL (McCullough, Matthew) (Filed on 3/26/2021) (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#1) COMPLAINT; JURY TRIAL DEMANDED against GoPro, Inc., (Filing Fee: $402.00, receipt number 0971-15759543). Filed by Contour IP Holding, 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 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Civil Cover Sheet)(McCullough, Matthew) (Filed on 3/26/2021) Modified on 4/1/2021 (tnS, COURT STAFF). (Entered: 03/26/2021)

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