This case was last updated from U.S. District Courts on 11/26/2021 at 11:28:57 (UTC).

CoStar Realty Information, Inc. v. Modern Font Applications LLC

Case Summary

On September 27, 2021, CoStar Realty Information, Inc. (“CoStar” or “Plaintiff”), represented by Gabriel Bell, Gregory K. Sobolski and Richard Gregory Frenkel of Latham and Watkins LLP, filed an intellectual property lawsuit against Modern Font Applications LLC (“MFA” or “Defendant”), seeking declaratory and injunctive relief along with costs for the alleged non-infringement of United States Patent owned by Defendant. This case was filed in the U.S. District Court in the  Northern District of California with Judge Laurel Beeler presiding.

Plaintiff filed this complaint for the alleged non-infringement of U.S. Patent No. 9,886,421 (“’421 patent”), U.S. Patent No. 8,522,127 (“’127 patent”), and U.S. Patent No. 9,892,093 (“’093 patent”) (collectively, the “Patents-in-Suit”).

In the complaint Plaintiff alleged that, “On or around June 18, 2021, MFA sent CoStar the certified letter (the “threat letter”). The threat letter alleges, inter alia, that it gives “formal notice that Loopnet Inc. (‘you’) are infringing” the Patents-in-Suit. The threat letter alleges that the CoStar Accused Applications infringe “at least claim 1, 6, and 11” of the ’421 patent, “at least claims 1 and 26” of the ’127 patent, and “claims 1, 10, and 18” of the ’093 patent.” CoStar has not infringed and does not infringe any claim of the ’421 patent, directly or indirectly, literally or under the Doctrine of Equivalents. CoStar has never had any intent to cause the end users of its website or mobile application or anyone else to infringe the ’421 patent.”

Plaintiff further alleged that, “CoStar has not infringed and does not infringe any claim of the ’127 patent, directly or indirectly, literally or under the Doctrine of Equivalents. The CoStar Accused Applications do not infringe, directly or indirectly, claim 26 of the ’127 patent. CoStar has never had any intent to cause the end users of its website or mobile application or anyone else to infringe the ’127 patent. There is an actual and justiciable controversy between CoStar and MFA concerning non-infringement of the ’127 patent.”

Plaintiff also alleged that, “CoStar has not infringed and does not infringe any claim of the ’093 patent directly or indirectly, either literally or under the Doctrine of Equivalents. The CoStar Accused Applications do not infringe, directly or indirectly, claims 1, 10, and 18 of the ’093 patent. CoStar has never had any intent to cause the end users of its website or mobile application or anyone else to infringe the ’093 patent.”

           

There are three claims for relief laid down by Plaintiff. All of them deal with the declaratory judgment for non-infringement of the Patents-in-suit.

In its prayer for relief Plaintiff has requested the court for a judicial determination and declaration that CoStar has not infringed and is not infringing, directly or indirectly, literally or under the doctrine of equivalents, any claim of the Patents-in-suit. Plaintiff also requested the court for injunctive relief against MFA from instituting any action against CoStar asserting infringement of the Patents-in-Suit, or for representing that CoStar’s products or services, for use of them by others, infringes the Patents-in-Suit. Plaintiff also requested the court for a declaration that this case is exceptional under 35 U.S.C. § 285 and for an award of attorneys’ fees and costs in this action along with such other and further relief as the court may deem just and proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-07521

  • Filing Date:

    09/27/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Lucy H. Koh

Referral Judge

Virginia K. DeMarchi

 

Party Details

Plaintiff

CoStar Realty Information, Inc.

Defendant

Modern Font Applications LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Richard Gregory Frenkel

Attorney at Latham & Watkins LLP

140 Scott Drive

Menlo Park, CA 94025-1008

Gregory K. Sobolski

Attorney at Latham & Watkins LLP

505 Montgomery Street, Suite 2000

San Francisco, CA 94111

Gabriel Bell

Attorney at Latham and Watkins LLP

Suite 1000, 555 Eleventh Street Nw

Washington, DC 20004

 

Court Documents

21 #1

Notice of Eligibility for Video Recording

21 #21

Main Document

#20

(#20) Related Case Order. Signed by Judge Lucy H. Koh on November 22, 2021. (ked, COURT STAFF) (Filed on 11/22/2021) (Entered: 11/22/2021)

#19

(#19) Judicial Referral for Purpose of Determining Relationship of Case re Duolingo, Inc. v. Modern Font Applications LLC, 21-6132-LHK. Signed by Judge Edward M. Chen on 11/12/2021. (afm, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/14/2021)

#18

(#18) CERTIFICATE OF SERVICE by CoStar Realty Information, Inc. Re: Case Management Conference Order In Reassigned Case (Sobolski, Gregory) (Filed on 10/26/2021) (Entered: 10/26/2021)

#17

(#17) CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 1/11/2022 01:30 PM in San Francisco, - Videoconference Only. Case Management Statement due by 1/4/2022. Signed by Judge Edward M. Chen on 10/26/2021. (afm, COURT STAFF) (Filed on 10/26/2021) (Entered: 10/26/2021)

16 #1

Notice of Eligibility for Video Recording

16 #16

Main Document

#14

(#14) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by CoStar Realty Information, Inc... (Sobolski, Gregory) (Filed on 10/12/2021) (Entered: 10/12/2021)

#3

1 #7

Civil Cover Sheet

1 #6

Exhibit F

1 #5

Exhibit E

1 #4

Exhibit D

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

#1

21 More Documents Available
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Docket Entries

  • 11/23/2021

  • Docket(#22) CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH. Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for February 16, 2022 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due seven days prior to the Initial Case Management Conference. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ked, COURT STAFF) (Filed on 11/23/2021) (Entered: 11/23/2021)

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  • 11/22/2021
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  • Docket(#21) ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings re 39 Order Relating Cases. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Edward M. Chen no longer assigned to case. Reassignment Order signed by Clerk on 11/22/202. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 11/22/2021) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#20) Related Case Order. Signed by Judge Lucy H. Koh on November 22, 2021. (ked, COURT STAFF) (Filed on 11/22/2021) (Entered: 11/22/2021)

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  • 11/12/2021
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  • Docket(#19) Judicial Referral for Purpose of Determining Relationship of Case re Duolingo, Inc. v. Modern Font Applications LLC, 21-6132-LHK. Signed by Judge Edward M. Chen on 11/12/2021. (afm, COURT STAFF) (Filed on 11/12/2021) (Entered: 11/14/2021)

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  • 10/26/2021
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  • Docket(#18) CERTIFICATE OF SERVICE by CoStar Realty Information, Inc. Re: Case Management Conference Order In Reassigned Case (Sobolski, Gregory) (Filed on 10/26/2021) (Entered: 10/26/2021)

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  • 10/26/2021
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  • Docket(#17) CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 1/11/2022 01:30 PM in San Francisco, - Videoconference Only. Case Management Statement due by 1/4/2022. Signed by Judge Edward M. Chen on 10/26/2021. (afm, COURT STAFF) (Filed on 10/26/2021) (Entered: 10/26/2021)

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  • 10/13/2021
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  • Docket(#16) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to 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.. Signed by Clerk on 10/13/21. (Attachments: #1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 10/13/2021) (Entered: 10/13/2021)

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  • 10/12/2021

  • Docket(#15) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 10/12/2021) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#14) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by CoStar Realty Information, Inc... (Sobolski, Gregory) (Filed on 10/12/2021) (Entered: 10/12/2021)

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  • 10/07/2021
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  • Docket(#13) WAIVER OF SERVICE Returned Executed filed by CoStar Realty Information, Inc.. Service waived by Modern Font Applications LLC waiver sent on 10/5/2021, answer due 12/6/2021. (Sobolski, Gregory) (Filed on 10/7/2021) (Entered: 10/07/2021)

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3 More Docket Entries
  • 09/28/2021
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  • Docket(#10) Summons Issued as to Modern Font Applications LLC. (cjlS, COURT STAFF) (Filed on 9/28/2021) (Entered: 09/28/2021)

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  • 09/27/2021
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  • Docket(#9) Order by Magistrate Judge Laurel Beeler granting #6 Motion for Pro Hac Vice. Attorney Gabriel K. Bell representing Plaintiff. (ejkS, COURT STAFF) (Filed on 9/27/2021) (Entered: 09/27/2021)

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  • 09/27/2021
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  • Docket(#8) Corporate Disclosure Statement by CoStar Realty Information, Inc. identifying Corporate Parent CoStar Group Inc., Other Affiliate T. Rowe Price for CoStar Realty Information, Inc.. (Sobolski, Gregory) (Filed on 9/27/2021) (Entered: 09/27/2021)

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  • 09/27/2021
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  • Docket(#7) Certificate of Interested Entities by CoStar Realty Information, Inc. identifying Corporate Parent CoStar Group, Inc., Other Affiliate T. Rowe Price for CoStar Realty Information, Inc.. (Sobolski, Gregory) (Filed on 9/27/2021) (Entered: 09/27/2021)

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  • 09/27/2021
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  • Docket(#6) MOTION for leave to appear in Pro Hac Vice for Gabriel K. Bell ( Filing fee $ 317, receipt number 0971-16434964.) filed by CoStar Realty Information, Inc.. (Attachments: #1 Certificate of Good Standing)(Bell, Gabriel) (Filed on 9/27/2021) (Entered: 09/27/2021)

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  • 09/27/2021
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  • Docket(#5) NOTICE of Appearance by Richard Gregory Frenkel on behalf of Plaintiff CoStar Realty Information, Inc. (Frenkel, Richard) (Filed on 9/27/2021) (Entered: 09/27/2021)

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  • 09/27/2021
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  • Docket(#4) NOTICE of Appearance by Gregory K. Sobolski on behalf of Plaintiff CoStar Realty Information, Inc. (Sobolski, Gregory) (Filed on 9/27/2021) (Entered: 09/27/2021)

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  • 09/27/2021
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  • Docket(#3) Proposed Summons. (Sobolski, Gregory) (Filed on 9/27/2021) (Entered: 09/27/2021)

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  • 09/27/2021

  • Docket(#2) Case assigned to Magistrate Judge Laurel Beeler. 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 10/12/2021. (anjS, COURT STAFF) (Filed on 9/27/2021) (Entered: 09/27/2021)

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  • 09/27/2021
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  • Docket(#1) COMPLAINT for Declaratory Judgment (with jury demand) against Modern Font Applications LLC ( Filing fee $ 402, receipt number 0971-16434493.). Filed by CoStar Realty Information, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Sobolski, Gregory) (Filed on 9/27/2021) Modified on 9/28/2021 (cjlS, COURT STAFF). (Entered: 09/27/2021)

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