This case was last updated from U.S. District Courts on 09/27/2021 at 09:36:41 (UTC).

Diatek Licensing LLC v. Roku, Inc.

Case Summary

On July 29, 2021, Diatek Licensing LLC (“Plaintiff”), represented by Cortney S. Alexander of Kent & Risley LLC, filed an intellectual property lawsuit against Roku, Inc. (“Roku” or “Defendant”), seeking declaratory relief and damages for alleged infringement of the United States Patent owned by Plaintiff.  This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

This complaint arises from the Defendant’s alleged unlawful infringement of United States Patent Nos. 7,079,752, entitled “Process for Recording a Scrambled MPEG Stream” (“the ’752 patent”), 8,195,828, entitled “Method for Discontinuous Transmission, in Sections, of Data in a Network of Distributed Stations as well as a Network Subscriber Station as Requesting Appliance for Carrying Out a Method Such as This, and a Network Subscriber Station as a Source Appliance for Carrying Out a Method Such as This” (“the ’828 patent”), owned by the Plaintiff. 

 

In the complaint, the Plaintiff alleged that, “Defendant infringes at least claim 1 of the ’752 patent, either literally or under the doctrine of equivalents, in connection with Defendant’s utilization of MPEG-DASH for delivery of VOD contents, as detailed in the preliminary claim chart attached hereto as Exhibit C and incorporated herein by reference.” And that “Plaintiff has been damaged by Defendant’s infringement of the ’752 patent, and Plaintiff is entitled to recover damages for Defendant’s infringement, which damages cannot be less than a reasonable royalty.”

 

Further the Plaintiff alleged that, “Defendant has been and is now making, using, selling, offering for sale, and/or importing products and/or services that incorporate one or more of the inventions claimed in the ‘828 patent.” And that “Defendant infringes at least claim 1 of the ʼ828 patent, either literally or under the doctrine of equivalents, in connection with Defendant’s utilization of MPEG-DASH for delivery of VOD contents, as detailed in the preliminary claim chart attached hereto as Exhibit D and incorporated herein by reference.”

 

The two claims for relief laid down by the Plaintiff for the alleged infringement of each of the two Patents ‘752 and ‘828. 

 

In the prayer for relief, the Plaintiff has requested the Court for the entry of judgment that Defendant has infringed one or more claims of the ’752 and ‘828 patents and to award damages in an amount to be determined at trial along with pre judgment and post judgment interest. The Plaintiff also requested the Court to declare this to be an exceptional case and award Plaintiff its reasonable attorneys’ fees and expenses in accordance with 35 U.S.C. § 285 along with such other relief as the Court may find appropriate.

 

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Case Details Parties Dockets

 

Case Details

  • Case Number:

    6:21-CV-00777

  • Filing Date:

    07/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Diatek Licensing LLC

Defendant

Roku, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Cortney S. Alexander

Attorney at Kent & Risley LLC

5755 N Point Pkwy, Ste 57

Alpharetta, GA 30022

Defendant Attorneys

Christopher Ricciuti

Attorney at Oblon, McClelland, Maier & Neustadt, LLP

1940 Duke Street

Alexandria, VA 22314

Tia D. Fenton

Attorney at Obion, McClelland, Maier & Neustadt, LLP

1940 Duke Street

Alexandria, VA 22314

David N. Deaconson

Attorney at Pakis, Giotes, Page & Burleson

P.O. Box 58

Waco, TX 76703-0058

 

Docket Entries

  • 08/31/2021
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  • Docket(#13) ORDER GRANTING #11 Motion to Appear Pro Hac Vice for Attorney CHRISTOPER RICCIUTI. Attorney added for Roku, Inc. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 08/31/2021)

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  • 08/31/2021
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  • Docket(#12) ORDER GRANTING #10 Motion to Appear Pro Hac Vice for Attorney TIA D. FENTON. Attorney added for Roku, Inc. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 08/31/2021)

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  • 08/24/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by David N. Deaconson Ricciuti ( Filing fee $ 100 receipt number 0542-15149649) by on behalf of Roku, Inc.. (Deaconson, David) (Entered: 08/24/2021)

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  • 08/24/2021
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  • Docket(#10) MOTION to Appear Pro Hac Vice by David N. Deaconson Fenton ( Filing fee $ 100 receipt number 0542-15149621) by on behalf of Roku, Inc.. (Deaconson, David) (Entered: 08/24/2021)

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  • 08/16/2021
  • DocketReset Deadlines: Roku, Inc. answer due 10/4/2021. (ls) (Entered: 08/16/2021)

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  • 08/16/2021
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  • DocketText Order GRANTING #7 Motion for Extension of Time to Answer entered by Judge Alan D Albright. The deadline for Defendant Roku Inc. to answer or otherwise respond to Plaintiff's Complaint is hereby extended up to and including October 4, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 08/16/2021)

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  • 08/13/2021
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  • Docket(#9) NOTICE Extending Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint by Roku, Inc. (Deaconson, David) (Entered: 08/13/2021)

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  • 08/13/2021
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  • Docket(#8) NOTICE by Roku, Inc. re #7 MOTION for Extension of Time to File Answer (Deaconson, David) (Entered: 08/13/2021)

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  • 08/13/2021
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  • Docket(#7) MOTION for Extension of Time to File Answer by Roku, Inc.. (Attachments: #1 Proposed Order)(Deaconson, David) (Entered: 08/13/2021)

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  • 08/02/2021
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  • Docket(#6) SUMMONS Returned Executed by Diatek Licensing LLC. Roku, Inc. served on 7/30/2021, answer due 8/20/2021. (Alexander, Cortney) (Entered: 08/02/2021)

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  • 07/29/2021
  • 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: 07/29/2021)

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  • 07/29/2021
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  • Docket(#5) Summons Issued as to Roku, Inc.. (lad) (Entered: 07/29/2021)

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  • 07/29/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 07/29/2021)

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  • 07/29/2021
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  • Docket(#4) RULE 7 DISCLOSURE STATEMENT filed by Diatek Licensing LLC. (Alexander, Cortney) (Entered: 07/29/2021)

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  • 07/29/2021
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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. (Alexander, Cortney) (Main Document 3 replaced on 7/29/2021) (lad). (Entered: 07/29/2021)

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  • 07/29/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by Diatek Licensing LLC. (Alexander, Cortney) (Main Document 2 replaced on 7/29/2021) (lad). (Entered: 07/29/2021)

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  • 07/29/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15063520), filed by Diatek Licensing LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 7,079,752, #2 Exhibit B - U.S. Patent No. 8,195,828, #3 Exhibit C - Claim Chart for the '752 Patent, #4 Exhibit D - Claim Chart for the '828 Patent, #5 Civil Cover Sheet)(Alexander, Cortney) (Attachment 5 replaced on 7/29/2021) (lad). (Entered: 07/29/2021)

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