Search

Attributes

This case was last updated from PACER on 04/20/2021 at 11:48:30 (UTC).

CYBERSOFT IP, LLC v. BlackBerry Corporation

Case Summary

On February 19, 2021, Cybersoft IP, LLC (“Cybersoft”), represented by William P. Ramey, III of Ramey & Schwaller, LLP, filed an intellectual property lawsuit against Blackberry Corporation (“Blackberry”) seeking injunctive relief and treble damages for alleged infringement of one or more claims of U.S. Patent No. 6,763,467 entitled “Network Traffic Intercepting Method and System” (“the ‘467 patent”) (referred to as the “Patent-in-Suit”) owned by Cybersoft. This case was filed in the U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

In its complaint, Cybersoft stated that its ‘467 patent relates to a novel and improved method and system for protecting computers from invasion by viruses, trojan horses, worms, and other malicious algorithms.

 

Cybersoft alleged that “Blackberry maintains, operates, and administers online and software based training platforms, products and services that facilitate remote training that infringes claim 1 of the ‘467 patent, literally or under the doctrine of equivalents. Defendant put the inventions claimed by the ‘467 Patent into service (i.e., used them); but for Defendant’s actions, the claimed-inventions embodiments involving Defendant’s products and services would never have been put into service. Defendant’s acts complained of herein caused those claimed-invention embodiments as a whole to perform, and Defendant’s procurement of monetary and commercial benefit from it.”

 

Cybersoft further alleged that “Blackberry has and continues to induce infringement. Blackberry has actively encouraged or instructed others (e.g., its customers and/or the customers of its related companies), and continues to do so, on how to use its products and services (e.g., payment products and services that facilitate purchases from a vendor using a bridge computer) such as to cause infringement of claim 1 of the ‘467 patent, literally or under the doctrine of equivalents. Moreover, Blackberry has known or should have known of the ‘467 patent and the technology underlying it from at least the date of issuance of the patent.”

 

In its only cause of action Cybersoft alleged that Blackberry has caused and will continue to cause CYBERSOFT damage by the alleged direct and indirect infringement of (including inducing infringement of) the claims of the ‘467 patent.

 

In its prayer for relief, Cybersoft requested the court to declare that Blackberry has infringed the patent in suit through Blackberry payment links. Cybersoft further requested the court to award damages in an amount sufficient to compensate the alleged infringement of the ‘467 patent in an amount no less than a reasonable royalty or lost profits, together with prejudgment and post-judgment interest and costs under 35 U.S.C.§ 284 in addition to an accounting for acts of infringement not presented at trial and award of damages arising therefrom and the costs of litigation. Cybersoft also requested the court to declare that the Defendant’s alleged infringement was willful and therefore to award treble the damages pursuant to 35 U.S.C. § 284 and to pass an order for injunctive relief to prevent future damages or award damages for future infringement in lieu of an injunction.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00157

  • Filing Date:

    02/19/2021

  • 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

CYBERSOFT IP, LLC

Defendant

BlackBerry Corporation

Attorney/Law Firm Details

Plaintiff Attorney

William P. Ramey, III

Attorney at Ramey & Schwaller, LLP

5020 Montose Blvd., Suite 800

Houston, TX 77006

Defendant Attorneys

Bailey Morgan Watkins

Attorney at Baker Botts L.L.P.

98 San Jacinto Blvd #1500

Austin, TX 78701

Kurt Pankratz

Attorney at Baker Botts, L.L.P.

2001 Ross Avenue, Suite 900

Dallas, TX 75201-2980

 

Court Documents

#12

(#12) RULE 7 DISCLOSURE STATEMENT filed by BlackBerry Corporation. (Pankratz, Kurt) (Entered: 04/14/2021)

#11

(#11) MOTION to Dismiss by BlackBerry Corporation. (Pankratz, Kurt) (Entered: 04/14/2021)

#10

(#10) NOTICE of Attorney Appearance by Bailey Morgan Watkins on behalf of BlackBerry Corporation. Attorney Bailey Morgan Watkins added to party BlackBerry Corporation(pty:dft) (Watkins, Bailey) (Entered: 04/14/2021)

#9

(#9) NOTICE of Attorney Appearance by Kurt Pankratz on behalf of BlackBerry Corporation. Attorney Kurt Pankratz added to party BlackBerry Corporation(pty:dft) (Pankratz, Kurt) (Entered: 04/14/2021)

8 #1

Proposed Order

#8

(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by CYBERSOFT IP, LLC. (Attachments: #1 Proposed Order)(Ramey, William) (Entered: 03/08/2021)

#6

(#6) SUMMONS Returned Executed by CYBERSOFT IP, LLC. BlackBerry Corporation served on 2/23/2021, answer due 3/16/2021. (Ramey, William) (Entered: 02/25/2021)

#5

(#5) Summons Issued as to BlackBerry Corporation. (lad) (Entered: 02/22/2021)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS by CYBERSOFT IP, LLC. (Ramey, William) (Entered: 02/22/2021)

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ramey, William) (Entered: 02/19/2021)

1 #2

Civil Cover Sheet

1 #1

Exhibit US6763467

#1

(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14502851), filed by CYBERSOFT IP, LLC. (Attachments: #1 Exhibit US6763467, #2 Civil Cover Sheet)(Ramey, William) (Entered: 02/19/2021)

3 More Documents Available
View All Documents

 

Docket Entries

  • 04/14/2021
  • View Court Documents
  • Docket(#12) RULE 7 DISCLOSURE STATEMENT filed by BlackBerry Corporation. (Pankratz, Kurt) (Entered: 04/14/2021)

    Read MoreRead Less
  • 04/14/2021
  • View Court Documents
  • Docket(#11) MOTION to Dismiss by BlackBerry Corporation. (Pankratz, Kurt) (Entered: 04/14/2021)

    Read MoreRead Less
  • 04/14/2021
  • View Court Documents
  • Docket(#10) NOTICE of Attorney Appearance by Bailey Morgan Watkins on behalf of BlackBerry Corporation. Attorney Bailey Morgan Watkins added to party BlackBerry Corporation(pty:dft) (Watkins, Bailey) (Entered: 04/14/2021)

    Read MoreRead Less
  • 04/14/2021
  • View Court Documents
  • Docket(#9) NOTICE of Attorney Appearance by Kurt Pankratz on behalf of BlackBerry Corporation. Attorney Kurt Pankratz added to party BlackBerry Corporation(pty:dft) (Pankratz, Kurt) (Entered: 04/14/2021)

    Read MoreRead Less
  • 03/12/2021
  • DocketReset Deadlines: BlackBerry Corporation answer due 4/15/2021. (am) (Entered: 03/12/2021)

    Read MoreRead Less
  • 03/11/2021
  • View Court Documents
  • DocketText Order GRANTING #8 Motion for Extension of Time to Answer entered by Judge Alan D Albright. It is hereby ORDERED that Defendant's deadline to answer or otherwise respond to the Complaint is extended to April 15, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 03/11/2021)

    Read MoreRead Less
  • 03/08/2021
  • View Court Documents
  • Docket(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by CYBERSOFT IP, LLC. (Attachments: #1 Proposed Order)(Ramey, William) (Entered: 03/08/2021)

    Read MoreRead Less
  • 02/25/2021
  • View Court Documents
  • Docket(#6) SUMMONS Returned Executed by CYBERSOFT IP, LLC. BlackBerry Corporation served on 2/23/2021, answer due 3/16/2021. (Ramey, William) (Entered: 02/25/2021)

    Read MoreRead Less
  • 02/22/2021
  • View Court Documents
  • Docket(#5) Summons Issued as to BlackBerry Corporation. (lad) (Entered: 02/22/2021)

    Read MoreRead Less
  • 02/22/2021
  • View Court Documents
  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS by CYBERSOFT IP, LLC. (Ramey, William) (Entered: 02/22/2021)

    Read MoreRead Less
  • 02/19/2021
  • 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: 02/22/2021)

    Read MoreRead Less
  • 02/19/2021
  • View Court Documents
  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ramey, William) (Entered: 02/19/2021)

    Read MoreRead Less
  • 02/19/2021
  • View Court Documents
  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14502851), filed by CYBERSOFT IP, LLC. (Attachments: #1 Exhibit US6763467, #2 Civil Cover Sheet)(Ramey, William) (Entered: 02/19/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where CYBERSOFT IP, LLC is a litigant

Latest cases where BLACKBERRY LIMITED is a litigant

Latest cases represented by Lawyer William P. Ramey, III