This case was last updated from PACER on 04/24/2021 at 10:35:39 (UTC).

CPC Patent Technologies Pty Ltd. v. Apple Inc.

Case Summary

On February 23, 2021, CPC Patent Technologies Pty Ltd. (“CPC” or “Plaintiff”) represented by Stewart Mesher of K&L Gates LLP filed an intellectual property lawsuit against Apple Inc. (“Apple” or “Defendant”), seeking injunctive relief, damages among other reliefs for allegedly infringing CPC’s intellectual property relating to biometric technology including mobile device security, credit card security, and mobile payments. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding. 

 

The Plaintiff alleges that the Defendants have infringed one or more claims under United States Patent Numbers 9,269,208 entitled “Remote Entry System,” (“the ’208 Patent”) and 9,665,705 entitled “Remote Entry System,” (“the ’705 Patent”) (collectively, “the Secure Access Patents”), which have an application priority date of 2003, and 8,620,039 entitled “Card Device Security using Biometrics,” (“the ’039 Patent”), which has an application priority date of 2005 owned by CPC.

 

Plaintiff in its complaint alleged that “The inventions of the Secure Access Patents provide for enrollment in a biometric security system where the user’s biometric data is stored securely. Once the user’s biometric data is secure in an electronic device (e.g., a smartphone), the biometric data can be used to unlock the electronic device. With knowledge of the ’208 Patent, Apple has induced its customers to infringe at least claim 10 of that patent by instructing such customers regarding the registration for, and use of, the Touch ID and Face ID functions of the Accused Products.”

 

Plaintiff further alleged that “The products accused of infringing the ’208 Patent and the ’705 Patent include iPhones and iPads equipped with Touch or Face ID (“the Secure Access Accused Products”). The products accused of infringing the ’039 Patent include the Secure Access Accused Products equipped with Apple Card loaded into the iPhone Wallet (“the Secure Pay Accused Products”)” and even further that with knowledge of the ’039 Patent, Apple has induced its customers to infringe at least claim 13 of that patent by instructing such customers regarding the registration for, and use of, the Touch ID and Face ID functions to access Apple Card in the Accused Products that resulted in the direct infringement of at least that claim.”

 

Three claims for relief laid down by the Plaintiff are for the infringement of one or more claims of the ‘208 Patent, ‘705 Patent and ‘039 Patent respectively. 

 

In the prayer for relief, Plaintiff has requested the court to pass an order that Apple has directly infringed the Patents-in-Suit, that Apple has indirectly infringed the Patents-in-Suit by inducing its customers to directly infringe the Patents-in-Suit, award damages to Plaintiff pursuant to 35 U.S.C. § 284 adequate to compensate CPC for Apple’s past infringement of the Patents-in-Suit, including both pre- and post-judgment interest. Plaintiff further requested the court to grant injunctive relief to Plaintiff preventing further alleged infringement by Apple along with costs of litigation.  

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00165

  • Filing Date:

    02/23/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

CPC Patent Technologies Pty Ltd.

Defendant

Apple Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Stewart Mesher

Attorney at K&L Gates LLP

2801 Via Fortuna, Suite 350

Austin, TX 78746

James A. Shimota

Attorney at K&L Gates LLP

70 W. Madison Street, Suite 3300

Chicago, IL 60602

Dhohyung Kim

Attorney at K&L Gates LLP

70 W. Madison Street, Suite 3300

Chicago, IL 60602

Elizabeth Abbott Gilman

Attorney at K & L Gates LLP

1000 Main, Suite 2550

Houston, TX 77002

George C. Summerfield

Attorney at K&L Gates LLP

70 W. Madison Street, Suite 3300

Chicago, IL 60602

Defendant Attorneys

Betty H. Chen

Attorney at Fish & Richardson PC

111 Congress Avenue, Suite 810

Austin, TX 78701

Benjamin C. Elacqua

Attorney at Fish & Richardson PC

1221 Mckinney Street, Suite 2800

Houston, TX 77010

Kelly Ransom

Attorney at Kelly Hat Hallman LLP

303 Colorado, Suite 2000

Austin, TX 78701

Kathryn A. Quisenberry

Attorney at Fish and Richardson PC

1221 Mckinney Street, Suite 2800

Houston, TX 77010

J. Stephen Ravel

Attorney at Kelly Hart & Hallman LLP

303 Colorado Street, Suite 2000

Austin, TX 78701

Joy B. Kete

Attorney at Fish & Richardson P.C.

One Marina Park

Boston, MA 02210

Seth M. Sproul

Attorney at Fish & Richardson P.C.

12860 El Camino Real, Suite 400

San Diego, CA 92130

Geuneul Yang

Attorney at Fish & Richardson P.C.

12860 El Camino Real, Suite 400

San Diego, CA 92130

Anthony Van Nguyen

Attorney at Fish & Richardson P.C.

1221 Mckinney Street, Suite 2800

Houston, TX 77010

 

Court Documents

#21

#20

#19

18 #1

Proposed Order

#18

17 #1

Proposed Order

#17

14 #1

Proposed Order

#14

8 #1

Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice

#8

7 #1

Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice

#7

#6

#4

RESTRICTED

#3

RESTRICTED

#2

RESTRICTED

24 More Documents Available
View All Documents

 

Docket Entries

  • 03/29/2021
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  • Docket(#21) NOTICE of Attorney Appearance by J. Stephen Ravel on behalf of Apple Inc.. Attorney J. Stephen Ravel added to party Apple Inc.(pty:dft) (Ravel, J.) (Entered: 03/29/2021)

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  • 03/22/2021
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  • Docket(#20) ORDER GRANTING #18 Motion for Extension of Time to Answer. Apple Inc. answer due 5/6/2021. Signed by Judge Alan D Albright. (bw) (Entered: 03/22/2021)

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  • 03/19/2021
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  • Docket(#19) RULE 7 DISCLOSURE STATEMENT filed by Apple Inc.. (Sproul, Seth) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#18) MOTION for Extension of Time to File Answer re #1 Complaint, to Move, or Otherwise Respond to the Complaint by Apple Inc.. (Attachments: #1 Proposed Order)(Sproul, Seth) (Entered: 03/19/2021)

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  • 03/19/2021
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  • DocketText Order GRANTING #17 Motion to Appear Pro Hac Vice for Attorney Anthony Van Nguyen for Apple Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 03/19/2021)

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  • 03/18/2021
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  • DocketText Order GRANTING #14 Motion to Appear Pro Hac Vice for Attorney Geuneul Yang for Apple Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 03/18/2021)

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  • 03/18/2021
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  • DocketText Order GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Joy B. Kete for Apple Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 03/18/2021)

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  • 03/18/2021
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  • DocketText Order GRANTING #12 Motion to Appear Pro Hac Vice for Attorney Seth M. Sproul for Apple Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 03/18/2021)

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  • 03/17/2021
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  • Docket(#17) MOTION to Appear Pro Hac Vice by Benjamin C. Elacqua for Anthony Van Nguyen ( Filing fee $ 100 receipt number 0542-14602226) by on behalf of Apple Inc.. (Attachments: #1 Proposed Order)(Elacqua, Benjamin) (Entered: 03/17/2021)

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  • 03/16/2021
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  • Docket(#16) NOTICE of Attorney Appearance by Kathryn A. Quisenberry on behalf of Apple Inc.. Attorney Kathryn A. Quisenberry added to party Apple Inc.(pty:dft) (Quisenberry, Kathryn) (Entered: 03/16/2021)

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8 More Docket Entries
  • 03/03/2021
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  • Docket(#10) SUMMONS Returned Executed by CPC Patent Technologies Pty Ltd.. Apple Inc. served on 3/1/2021, answer due 3/22/2021. (Mesher, Stewart) (Entered: 03/03/2021)

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  • 02/24/2021
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  • Docket(#9) MOTION to Appear Pro Hac Vice by Elizabeth Abbott Gilman for James A. Shimota ( Filing fee $ 100 receipt number 0542-14522636) by on behalf of CPC Patent Technologies Pty Ltd.. (Attachments: #1 Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice)(Gilman, Elizabeth) (Entered: 02/24/2021)

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  • 02/24/2021
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  • Docket(#8) MOTION to Appear Pro Hac Vice by Elizabeth Abbott Gilman for Dhohyung Kim ( Filing fee $ 100 receipt number 0542-14522616) by on behalf of CPC Patent Technologies Pty Ltd.. (Attachments: #1 Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice)(Gilman, Elizabeth) (Entered: 02/24/2021)

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  • 02/24/2021
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  • Docket(#7) MOTION to Appear Pro Hac Vice by Elizabeth Abbott Gilman for George C. Summerfield ( Filing fee $ 100 receipt number 0542-14522461) by on behalf of CPC Patent Technologies Pty Ltd.. (Attachments: #1 Proposed Order Proposed Order Granting Motion for Admission Pro Hac Vice)(Gilman, Elizabeth) (Entered: 02/24/2021)

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  • 02/23/2021
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  • Docket(#6) Summons Issued as to Apple Inc.. (bw) (Entered: 02/24/2021)

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  • 02/23/2021
  • 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. (bw) (Entered: 02/24/2021)

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  • 02/23/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by CPC Patent Technologies Pty Ltd.. (Mesher, Stewart) (Entered: 02/23/2021)

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  • 02/23/2021
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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. (Mesher, Stewart) (Entered: 02/23/2021)

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  • 02/23/2021
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  • Docket(#2) RULE 7 DISCLOSURE STATEMENT filed by CPC Patent Technologies Pty Ltd.. (Mesher, Stewart) (Entered: 02/23/2021)

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  • 02/23/2021
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  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14516271), filed by CPC Patent Technologies Pty Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet)(Mesher, Stewart) (Entered: 02/23/2021)

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