Dali Wireless, Inc. v. Cellco Partnership, et al
Case Summary
On January 27, 2022, Dali Wireless, Inc. (“Dali” or “Plaintiff”), represented by Cristofer Leffler of Folio Law Group PLLC, filed an intellectual property lawsuit against Cellco Partnership D/B/A Verizon Wireless; Verizon Corporate Services Group Inc.; Verizon Online LLC (collectively, “Verizon”); CommScope Holding Company, Inc.; CommScope Inc.; CommScope Technologies LLC (collectively, “CommScope”); and others (collectively, “Defendants”) seeking injunctive relief, damages and ongoing royalties, among other reliefs, for the Defendants’ alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.
The Plaintiff filed this complaint for the alleged infringement of United States Patent Nos. 11,026,232 (the “’232 patent”); 10,334,499 (the “’499 patent”); 11,006,343 (the “’343 patent”); and 8,682,338 (the “’338 patent”) (collectively referred to as the “Patents-in-Suit”) owned by the Plaintiff.
In the complaint the Plaintiff alleged that, “Verizon has been infringing the ’232 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using CommScope’s ION®-E/ERA platform1 in its LTE and 5G networks. CommScope has also been infringing the ’232 patent through use of its ION®-E/ERA platform both in Verizon’s LTE and 5G networks and in connection with CommScope’s course-of-business operations.”
The Plaintiff further alleged that, “Verizon has been infringing the ’232 patent in violation of 35 U.S.C. § 271 by deploying, operating, maintaining, testing, and using Ericsson’s Radio Dot system2 in its LTE and 5G networks. Ericsson has also been infringing the ’232 patent through use of its Radio Dot system both in Verizon’s LTE and 5G networks and in connection with Ericsson’s course-ofbusines operations.”
The Plaintiff also alleged that, “On information and belief, Verizon has infringed and continues to infringe, either literally or under the doctrine of equivalents, one or more claims, including at least claim 12, of the ’232 patent in violation of 35 U.S.C. § 271, et seq., by deploying, operating, maintaining, testing, and using Verizon’s LTE and 5G networks which include CommScope’s ION®-E/ERA platform.”
There are thirteen claims for relief laid down by the Plaintiff which deal with the alleged infringement of the Patents owned by the Plaintiff.
In their prayer for relief, the Plaintiff requested the Court for an award of permanent injunctive relief and damages under 35 U.S.C. § 284, together with any post-judgment ongoing royalties under 35 U.S.C. § 284 as may be appropriate, together with pre- and post-judgment interests and such other relief at law or in equity as the Court deems just and proper.
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Case Details
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Case Number:
6:22-CV-00104
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Filing Date:
01/27/2022
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Case Status:
Pending - Other Pending
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Case Type:
Intellectual Property - Patent
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Court:
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Courthouse:
Judge Details
Presiding Judge
Alan D Albright
Party Details
Plaintiff
Dali Wireless, Inc.
Defendants
Verizon Corporate Services Group, Inc.
Verizon Online LLC
CommScope Holding Company, Inc.
CommScope Inc.
CommScope Technologies LLC
Ericsson Inc.
Telefonaktiebolaget LM Ericsson
Corning, Inc.
Corning Optical Communications LLC
Cellco Partnership doing business as Verizon Wireless
Attorney/Law Firm Details
Plaintiff Attorneys
David D. Schumann
Joseph M. Abraham
Stefan Szpajda
Steven T. Skelley
Timothy Franklin Dewberry
Cristofer Leffler
Cliff Win, Jr.
Defendant Attorneys
Deron R Dacus
Eric H. Findlay
Brian Craft
Court Documents
(#27) NOTICE of Agreed Extension of Time to Answer, Move or Otherwise Respond to Complaint by Cellco Partnership, Verizon Corporate Services Group, Inc., Verizon Online LLC re #1 Complaint (Dacus, Deron) (Entered: 02/25/2022)
(#26) NOTICE of Agreed Extension of Time to Answer, Move or Otherwise Respond to Complaint by Corning Optical Communications LLC, Corning, Inc. re #1 Complaint (Dacus, Deron) (Entered: 02/17/2022)
(#25) NOTICE of Extension of Time to Answer, Move, or Otherwise Respond to the Complaint by CommScope Holding Company, Inc., CommScope Inc., CommScope Technologies LLC re #1 Complaint (Findlay, Eric) (Entered: 02/17/2022)
(#24) SUMMONS Returned Executed by Dali Wireless, Inc.. Verizon Online LLC served on 2/7/2022, answer due 2/28/2022. (Abraham, Joseph) (Entered: 02/15/2022)
(#23) SUMMONS Returned Executed by Dali Wireless, Inc.. Verizon Corporate Services Group, Inc. served on 2/7/2022, answer due 2/28/2022. (Abraham, Joseph) (Entered: 02/15/2022)
(#22) SUMMONS Returned Executed by Dali Wireless, Inc.. CommScope Inc. served on 2/7/2022, answer due 2/28/2022. (Abraham, Joseph) (Entered: 02/15/2022)
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Docket Entries
DocketParties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda) (Entered: 03/10/2022)
[-] Read LessDocketSet/Reset Deadlines: Cellco Partnership answer due 4/11/2022; Verizon Corporate Services Group, Inc. answer due 4/11/2022; Verizon Online LLC answer due 4/11/2022. (bw) (Entered: 02/25/2022)
[-] Read LessDocket(#27) NOTICE of Agreed Extension of Time to Answer, Move or Otherwise Respond to Complaint by Cellco Partnership, Verizon Corporate Services Group, Inc., Verizon Online LLC re #1 Complaint (Dacus, Deron) (Entered: 02/25/2022)
[-] Read LessDocketReset Deadlines: Corning Optical Communications LLC and Corning, Inc. answer due 4/14/2022. (zv) (Entered: 02/17/2022)
[-] Read LessDocketReset Deadlines: CommScope Holding Company, Inc., CommScope Inc., and CommScope Technologies LLC answer due 4/14/2022. (zv) (Entered: 02/17/2022)
[-] Read LessDocket(#26) NOTICE of Agreed Extension of Time to Answer, Move or Otherwise Respond to Complaint by Corning Optical Communications LLC, Corning, Inc. re #1 Complaint (Dacus, Deron) (Entered: 02/17/2022)
[-] Read LessDocket(#25) NOTICE of Extension of Time to Answer, Move, or Otherwise Respond to the Complaint by CommScope Holding Company, Inc., CommScope Inc., CommScope Technologies LLC re #1 Complaint (Findlay, Eric) (Entered: 02/17/2022)
[-] Read LessDocket(#24) SUMMONS Returned Executed by Dali Wireless, Inc.. Verizon Online LLC served on 2/7/2022, answer due 2/28/2022. (Abraham, Joseph) (Entered: 02/15/2022)
[-] Read LessDocket(#23) SUMMONS Returned Executed by Dali Wireless, Inc.. Verizon Corporate Services Group, Inc. served on 2/7/2022, answer due 2/28/2022. (Abraham, Joseph) (Entered: 02/15/2022)
[-] Read LessDocket(#22) SUMMONS Returned Executed by Dali Wireless, Inc.. CommScope Inc. served on 2/7/2022, answer due 2/28/2022. (Abraham, Joseph) (Entered: 02/15/2022)
[-] Read LessDocket(#8) Summons Issued as to CommScope Technologies LLC. (zv) (Entered: 02/01/2022)
[-] Read LessDocket(#7) Summons Issued as to CommScope Inc. (zv) (Entered: 02/01/2022)
[-] Read LessDocket(#6) Summons Issued as to CommScope Holding Company, Inc. (zv) (Entered: 02/01/2022)
[-] Read LessDocket(#5) Summons Issued as to Cellco Partnership. (zv) (Entered: 02/01/2022)
[-] Read LessDocket(#4) REQUEST FOR ISSUANCE OF SUMMONS by Dali Wireless, Inc.. (Leffler, Cristofer) (Entered: 02/01/2022)
[-] Read LessDocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 01/28/2022)
[-] Read LessDocketCase 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: 01/28/2022)
[-] Read LessDocket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Leffler, Cristofer) (Entered: 01/27/2022)
[-] Read LessDocket(#2) RULE 7 DISCLOSURE STATEMENT filed by Dali Wireless, Inc. identifying Corporate Parent Dali Systems Co. Ltd. for Dali Wireless, Inc.. (Leffler, Cristofer) (Entered: 01/27/2022)
[-] Read LessDocket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15656770). No Summons requested at this time, filed by Dali Wireless, Inc.. (Attachments: #1 Civil Cover Sheet)(Leffler, Cristofer) (Entered: 01/27/2022)
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