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This case was last updated from PACER on 06/12/2021 at 15:48:01 (UTC).

DISH Technologies L.L.C. et al v. PELOTON INTERACTIVE, INC.

Case Summary

On April 13, 2021, Dish Technologies L.L.C. and Sling TV L.L.C. (collectively, “DISH” or “Plaintiffs”) represented by Kurt Max Pankratz of Baker Botts LLP, filed an intellectual property lawsuit against Peloton Interactive, Inc. (“Peloton” or “Defendant”), seeking injunctive relief and damages for alleged patent infringement. This case was filed in the U.S. District Court for the Eastern District of Texas with Judges Roy S. Payne and Rodney Gilstrap presiding. 

 

The Plaintiff asserted that the PTO duly and lawfully issued United States Patent Nos. 9,407,564 (“the ’564 Patent”), “Apparatus, system, and method for adaptive-rate shifting of streaming content.”; 10,469,554 (“the ’554 Patent”), entitled “Apparatus, system, and method for multi-bitrate content streaming.”; 10,469,555 (“the ’555 Patent”), entitled “Apparatus, system, and method for multi-bitrate content streaming”; 10,757,156 (“the ’156 Patent”), entitled “Apparatus, system, and method for adaptive-rate shifting of streaming content” and 10,951,680 (“the ’680 Patent”), entitled “Apparatus, system, and method for multi-bitrate content streaming”. Dish Technologies has entered into an exclusive license with Sling TV L.L.C. granting substantial rights in the above-identified patents to Sling TV L.L.C., including the right to sue thereon.

 

In the complaint, Dish has alleged that “Peloton is a distributor of live and on-demand content via the Internet. Exhibit 3 at 11. Peloton makes, uses, sells, and offers for sale in the United States products and services that infringe the ABR Patents, and continues to do so. These infringing products and services include online streaming services operated by Peloton Interactive, Inc. including, the Peloton Application and Peloton Devices (e.g., the Peloton Bike and Peloton Tread) (collectively, “the Accused Streaming Services”). Peloton directly infringes, literally and/or under the doctrine of equivalents. Peloton’s actions have caused Dish to suffer irreparable harm resulting from the loss of its lawful patent rights and the loss of its ability to exclude others from the market.”

 

Dish has further alleged that “Peloton indirectly infringes, literally and/or under the doctrine of equivalents. Peloton is liable for inducing infringement of the Patents under 35 U.S.C. § 271(b) by having knowledge and knowingly causing direct infringement of the Patent, with specific intent, by its customers. Peloton actively induces infringement of the Patent by, inter alia, training its customers on the use of the Accused Streaming Services and/or promotion and/or sales of the Accused Streaming Services to Peloton’s customers including, but not limited to, end-users, subscribers, digital streaming platforms, digital mobile platforms, and digital connected device platforms for implementing adaptive-rate content streaming as claimed in the Patent.”

 

There are five claims of relief laid down by Dish for allegedly directly, indirectly, indirectly by inducement and contributory infringement.. The first claim is for alleged infringement of U.S. Patent No. 9,407,564. The second claim is for the alleged infringement of U.S. Patent No. 10,469,554. The third claim is for alleged infringement of U.S. Patent No. 10,469,555. The fourth claim is for alleged infringement of U.S. Patent No. 10,757,156. The fifth claim is for alleged infringement of U.S. Patent No. 10,951,680.

 

In its prayer for relief, Dish has requested the Court to enter a judgment in favor of Dish that Peloton has infringed the ABR Patents and thus, permanently enjoin Peloton and associated persons infringing, including inducing the infringement of, or contributing to the infringement of, the ABR Patents. Plaintiff further requested the court to order an accounting of lost sales and award such damages, costs, interests and pre-judgment and post-judgment interest along with costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00132

  • Filing Date:

    04/13/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Eastern District

Judge Details

Referral Judge

Roy S. Payne

Presiding Judge

Rodney Gilstrap

 

Party Details

Plaintiffs

Sling TV L.L.C.

DISH Technologies L.L.C.

Defendant

PELOTON INTERACTIVE, INC.

Attorney/Law Firm Details

Plaintiff Attorney

Kurt Max Pankratz

Attorney at Baker Botts LLP - Dallas

2001 Ross Avenue, Suite 900

Dallas, TX 75201-2980

Defendant Attorneys

Brian M Buroker

Attorney at Gibson Dunn & Crutcher LLP - Washington

1050 Connecticut Avenue Nw, Suite 300

Washington, DC 20036-5306

Melissa Richards Smith

Attorney at Gillam & Smith, LLP

303 South Washington Avenue

Marshall, TX 75670

 

Court Documents

#9

(#9) ORDER granting #8 Motion to Stay Pending Resolution of Issues at the International Trade Commission. Signed by Magistrate Judge Roy S. Payne on 6/3/2021. (nkl, ) (Entered: 06/04/2021)

8 #2

Revised Proposed Order

8 #1

Text of Proposed Order Proposed Order

#8

(#8) Unopposed MOTION to Stay Pending Resolution of Issues at the International Trade Commission by PELOTON INTERACTIVE, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Buroker, Brian) (Additional attachment(s) added on 6/3/2021: #2 Revised Proposed Order) (nkl, ). (Entered: 06/02/2021)

#7

(#7) Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re PELOTON INTERACTIVE, INC..( Smith, Melissa) (Entered: 04/26/2021)

#6

(#6) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re PELOTON INTERACTIVE, INC..( Smith, Melissa) (Entered: 04/26/2021)

#5

(#5) SUMMONS Returned Executed by DISH Technologies L.L.C., Sling TV L.L.C.. PELOTON INTERACTIVE, INC. served on 4/16/2021, answer due 5/7/2021. (Pankratz, Kurt) (Entered: 04/16/2021)

#4

(#4) CORPORATE DISCLOSURE STATEMENT filed by DISH Technologies L.L.C., Sling TV L.L.C. identifying Corporate Parent DISH Network L.L.C. for Sling TV L.L.C.; Corporate Parent Dish Network Corporation for DISH Technologies L.L.C.. (Pankratz, Kurt) (Entered: 04/16/2021)

#3

(#3) SUMMONS Issued as to PELOTON INTERACTIVE, INC.. (ch, ) (Entered: 04/16/2021)

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Pankratz, Kurt) (Entered: 04/14/2021)

1 #24

Civil Cover Sheet

1 #13

Exhibit 13

1 #12

Exhibit 12

1 #11

Exhibit 11

1 #7

Exhibit 7

1 #6

Exhibit 6

1 #5

Exhibit 5

1 #4

Exhibit 4

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Docket Entries

  • 06/04/2021
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  • Docket(#9) ORDER granting #8 Motion to Stay Pending Resolution of Issues at the International Trade Commission. Signed by Magistrate Judge Roy S. Payne on 6/3/2021. (nkl, ) (Entered: 06/04/2021)

    Read MoreRead Less
  • 06/02/2021
  • View Court Documents
  • Docket(#8) Unopposed MOTION to Stay Pending Resolution of Issues at the International Trade Commission by PELOTON INTERACTIVE, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Buroker, Brian) (Additional attachment(s) added on 6/3/2021: #2 Revised Proposed Order) (nkl, ). (Entered: 06/02/2021)

    Read MoreRead Less
  • 04/29/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) (Entered: 04/29/2021)

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  • 04/29/2021
  • DocketCASE REFERRED to Magistrate Judge Roy S. Payne. (nkl, ) (Entered: 04/29/2021)

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  • 04/26/2021
  • DocketDefendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for PELOTON INTERACTIVE, INC. to 6/21/2021. 15 Days Granted for Deadline Extension.( nkl, ) (Entered: 04/26/2021)

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  • 04/26/2021
  • View Court Documents
  • Docket(#7) Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re PELOTON INTERACTIVE, INC..( Smith, Melissa) (Entered: 04/26/2021)

    Read MoreRead Less
  • 04/26/2021
  • DocketDefendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for PELOTON INTERACTIVE, INC. to 6/6/2021. 30 Days Granted for Deadline Extension.( nkl, ) (Entered: 04/26/2021)

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  • 04/26/2021
  • View Court Documents
  • Docket(#6) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re PELOTON INTERACTIVE, INC..( Smith, Melissa) (Entered: 04/26/2021)

    Read MoreRead Less
  • 04/16/2021
  • View Court Documents
  • Docket(#5) SUMMONS Returned Executed by DISH Technologies L.L.C., Sling TV L.L.C.. PELOTON INTERACTIVE, INC. served on 4/16/2021, answer due 5/7/2021. (Pankratz, Kurt) (Entered: 04/16/2021)

    Read MoreRead Less
  • 04/16/2021
  • View Court Documents
  • Docket(#4) CORPORATE DISCLOSURE STATEMENT filed by DISH Technologies L.L.C., Sling TV L.L.C. identifying Corporate Parent DISH Network L.L.C. for Sling TV L.L.C.; Corporate Parent Dish Network Corporation for DISH Technologies L.L.C.. (Pankratz, Kurt) (Entered: 04/16/2021)

    Read MoreRead Less
  • 04/16/2021
  • View Court Documents
  • Docket(#3) SUMMONS Issued as to PELOTON INTERACTIVE, INC.. (ch, ) (Entered: 04/16/2021)

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  • 04/14/2021
  • View Court Documents
  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Pankratz, Kurt) (Entered: 04/14/2021)

    Read MoreRead Less
  • 04/14/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) (Entered: 04/14/2021)

    Read MoreRead Less
  • 04/14/2021
  • DocketCase Assigned to District Judge Rodney Gilstrap. (nkl, ) (Entered: 04/14/2021)

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  • 04/13/2021
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  • Docket(#1) COMPLAINT against PELOTON INTERACTIVE, INC. ( Filing fee $ 402 receipt number 0540-8354718.), filed by DISH Technologies L.L.C., Sling TV L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit A, #15 Exhibit A-1, #16 Exhibit B, #17 Exhibit B-1, #18 Exhibit C, #19 Exhibit C-1, #20 Exhibit D, #21 Exhibit D-1, #22 Exhibit E, #23 Exhibit E-1, #24 Civil Cover Sheet)(Pankratz, Kurt) (Entered: 04/13/2021)

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