This case was last updated from U.S. District Courts on 01/28/2023 at 09:59:08 (UTC).

Coretek Licensing LLC v. Talkspace, Inc.

Case Summary

On November 29, 2022, Coretek Licensing LLC (“Plaintiff”), represented by Andrew S. Curfman of Sand Sebolt & Wernow Co., LPA, filed an intellectual property lawsuit against Talkspace, Inc. (“Defendant”), seeking injunctive relief and damages for alleged infringement of U.S. patents owned by the plaintiff. This case was filed in the U.S. District Court for the Southern District of New York. 

The plaintiff filed this complaint for the alleged infringement of U.S. patent Nos. 8,861,512 (“the ‘512 Patent”); 9,173,154 (“the ‘154 Patent”); 9,369,575 (“the ‘575 Patent”); and 9,591,551 (“the ‘551 Patent”) (collectively, the “Patents-in-Suit”) owned by the plaintiff.

In the complaint, the plaintiff claimed, “Plaintiff is presently the owner of the ‘512 Patent, having received all right, title and interest in and to the ‘512 Patent from the previous assignee of record. Plaintiff possesses all rights of recovery under the ‘512 Patent, including the exclusive right to recover for past infringement.”

Plaintiff then alleged, “Defendant commercializes, inter alia, methods that perform all the steps recited in at least one claim of the ‘512 Patent. More particularly, Defendant commercializes, inter alia, methods, systems, and/or servers that perform all the steps recited in Claims 1, 4, 5, 8, 12, 23, and/or 24 of the ‘512 Patent.”

Plaintiff also alleged, “Defendant makes, uses, sells, offers for sale, or imports a method, system, and/or server that enables a wireless device to initiate a network connection without using a network operator's home location register that encompasses that which is covered by Claims 1, 4, 5, 8, 12, 23, and/or 24 of the ‘512 Patent.”

The plaintiff further alleged, “In violation of 35 U.S.C. § 271, Defendant is now, and has been directly infringing the ‘512 Patent. Defendant has had knowledge of infringement of the ‘512 Patent at least as of the service of the present Complaint.”

Plaintiff additionally alleged, “Defendant has directly infringed and continues to directly infringe at least one claim of the ‘512 Patent by using, at least through internal testing or otherwise, the Accused Product without authority in the United States, and will continue to do so unless enjoined by this Court. As a direct and proximate result of Defendant’s direct infringement of the ‘512 Patent, Plaintiff has been and continues to be damaged.”

The plaintiff then alleged, “Defendant has induced others to infringe the ‘512 Patent by encouraging infringement, knowing that the acts Defendant induced constituted patent infringement, and its encouraging acts actually resulted in direct patent infringement.”

Plaintiff also alleged, “Defendant has committed these acts of infringement without license or authorization. As a result of Defendant’s infringement of the ‘512 Patent Plaintiff has suffered monetary damages and is entitled to a monetary judgment in an amount adequate to compensate for Defendant’s past infringement, together with interests and costs.”

Similar allegations have been made by the plaintiff with reference to the other patents-in-suit.

Plaintiff presented four claims for relief from alleged infringement of the patents-in-suit.

In the prayer for relief, the plaintiff requested preliminary and permanent injunctive relief along with an award of damages, including enhanced damages together with past infringement and future infringement and an accounting of all infringing sales and damages.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-10120

  • Filing Date:

    11/29/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

John G. Koeltl

 

Party Details

Plaintiff

Coretek Licensing LLC

Defendant

Talkspace, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Andrew S. Curfman

Defendant Attorney

Eric Brent Porter

 

Court Documents

#13

(#13) ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Eric Porter dated December 21, 2022.. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 12/21/2022) Talkspace, Inc. answer due 2/10/2023 (ks) (Entered: 12/22/2022)

#12

(#12) LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Eric Porter dated December 21, 2022. Document filed by Talkspace, Inc...(Porter, Eric) (Entered: 12/21/2022)

#11

(#11) ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for Andrew S. Curfman to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 12/19/2022) (rro) (Entered: 12/19/2022)

#10

(#10) SUMMONS RETURNED EXECUTED Summons and Complaint, served. Talkspace, Inc. served on 12/5/2022, answer due 12/27/2022. Service was accepted by Robbin Hutt Banks, intake specialist. Document filed by Coretek Licensing LLC..(Curfman, Andrew) (Entered: 12/05/2022)

#9

(#9) AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(pc) (Entered: 11/30/2022)

7 #3

Text of Proposed Order Proposed Order

7 #2

Exhibit A-Certificate of Good Standing

7 #1

Affidavit Declaration

7 #7

Main Document

1 #8

Exhibit H-'551 Claim Chart

1 #7

Exhibit G-'575 Claim Chart

1 #6

Exhibit F-'154 Claim Chart

1 #5

Exhibit E-'512 Claim Chart

1 #4

Exhibit D-US9591551

1 #3

Exhibit C-US9369575

1 #2

Exhibit B-US9173154

1 #1

Exhibit A-US8861512

1 #1

Main Document

12 More Documents Available
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Docket Entries

  • 12/22/2022
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  • Docket(#13) ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Eric Porter dated December 21, 2022.. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 12/21/2022) Talkspace, Inc. answer due 2/10/2023 (ks) (Entered: 12/22/2022)

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  • 12/21/2022
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  • Docket(#12) LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Eric Porter dated December 21, 2022. Document filed by Talkspace, Inc...(Porter, Eric) (Entered: 12/21/2022)

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  • 12/19/2022
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  • Docket(#11) ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for Andrew S. Curfman to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 12/19/2022) (rro) (Entered: 12/19/2022)

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  • 12/05/2022
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  • Docket(#10) SUMMONS RETURNED EXECUTED Summons and Complaint, served. Talkspace, Inc. served on 12/5/2022, answer due 12/27/2022. Service was accepted by Robbin Hutt Banks, intake specialist. Document filed by Coretek Licensing LLC..(Curfman, Andrew) (Entered: 12/05/2022)

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  • 12/02/2022

  • DocketMagistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea) (Entered: 12/02/2022)

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  • 12/02/2022

  • DocketNOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case. (aea) (Entered: 12/02/2022)

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  • 12/02/2022

  • DocketCASE ACCEPTED AS RELATED. Create association to 1:22-cv-06424-JGK. Notice of Assignment to follow. (aea) (Entered: 12/02/2022)

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  • 11/30/2022
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  • Docket(#9) AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(pc) (Entered: 11/30/2022)

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  • 11/30/2022
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  • Docket(#8) ELECTRONIC SUMMONS ISSUED as to Talkspace, Inc...(pc) (Entered: 11/30/2022)

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  • 11/30/2022

  • DocketCASE REFERRED TO Judge John G. Koeltl as possibly related to 22cv10111 (as possibly related to 22cv8109). (pc) (Entered: 11/30/2022)

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  • 11/30/2022

  • DocketCase Designated ECF. (pc) (Entered: 11/30/2022)

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  • 11/30/2022

  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) (Entered: 11/30/2022)

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  • 11/30/2022
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Andrew S. Curfman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27014422. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) (Entered: 11/30/2022)

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  • 11/29/2022
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  • Docket(#7) MOTION for Andrew S. Curfman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27014422. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Coretek Licensing LLC. (Attachments: #1 Affidavit Declaration, #2 Exhibit A-Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Curfman, Andrew) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#6) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Curfman, Andrew) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#5) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Coretek Licensing LLC..(Curfman, Andrew) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Talkspace, Inc., re: #1 Complaint,. Document filed by Coretek Licensing LLC..(Curfman, Andrew) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#3) RELATED CASE AFFIRMATION of Andrew S. Curfman re: that this action be filed as related to 1:22-cv-10111. Document filed by Coretek Licensing LLC..(Curfman, Andrew) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#2) CIVIL COVER SHEET filed..(Curfman, Andrew) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#1) COMPLAINT against Talkspace, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27014273)Document filed by Coretek Licensing LLC. (Attachments: #1 Exhibit A-US8861512, #2 Exhibit B-US9173154, #3 Exhibit C-US9369575, #4 Exhibit D-US9591551, #5 Exhibit E-'512 Claim Chart, #6 Exhibit F-'154 Claim Chart, #7 Exhibit G-'575 Claim Chart, #8 Exhibit H-'551 Claim Chart).(Curfman, Andrew) (Entered: 11/29/2022)

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