Duolingo, Inc. v. Modern Font Applications LLC
Case Summary
On August 10, 2021, Duolingo, Inc. (“Duolingo” or “Plaintiff”), represented by Gabriel Bell, Gregory K. Sobolski and Richard Gregory Frenke of Latham and Watkins LLP, filed an intellectual property lawsuit against Modern Font Applications LLC (“MFA” or “Defendant”), seeking injunctive and declaratory relief for alleged non-infringement of the U.S. Patent Nos. 9,886,421, 8,522,127 and 9,892,093 owned by the Defendant. This case was filed in U.S. District Court in the Northern District of California with Judge Virginia K. DeMarchi presiding.
The Plaintiff filed this complaint for the non-infringement of U.S. Patent Nos. 9,886,421 (“’421 patent”), 8,522,127 (“’127 patent”), and 9,892,093 (“’093 patent”) (collectively, the “Asserted Patents”).
In the complaint, the Plaintiff alleged that, “On or around June 18, 2021, MFA sent Duolingo the certified letter (the “threat letter”). The threat letter alleges, inter alia, that it provides “formal notice that Duolingo, Inc. ‘you’ are infringing” the Asserted Patents. MFA’s threat letter was signed by Andrew Oliver. MFA’s threat letter identified Duolingo’s “Language Lessons application for iOS devices (including version 6.114.0 released April 26, 2021),” “Learn Languages Free application for Android devices (including the version released April 27, 2021),” and Duolingo’s “website at the domain name duolingo.com (including the home page as available on June 13, 2021)” (collectively, the “Duolingo Accused Applications”).
The Plaintiff further alleged that, “The threat letter alleges that the Duolingo Accused Applications infringe “at least claim 1, 6, and 11” of the ’421 patent, “at least claims 1 and 26” of the ’127 patent, and “claims 1, 10, and 18” of the ’093 patent. MFA prefers to resolve such infringement through licensing so that both you and MFA can avoid the expense and inconvenience of a patent infringement lawsuit.”
The Plaintiff also alleged that, “The threat letter alleges that “[h]owever, where necessary, MFA has brought patent infringement lawsuits against several companies in various industries,” and proceeds to identify various lawsuits. The threat letter alleges that infringement damages have been accruing since at least June 2018.”
There are three claims for relief laid down by the Plaintiff. All the three claims deal with declaratory judgment for non-infringement of Asserted Patents because the Plaintiff has never had any intent to cause the end users of its website or mobile application or anyone else to infringe the Asserted Patents.
In its prayer for relief the Plaintiff has requested the Court for a judicial determination and declaration that Duolingo has not infringed directly or indirectly, literally or under the Doctrine of Equivalents, any claim of the Asserted Patents. The Plaintiff has also requested the Court for injunctive relief against MFA from instituting any action against Duolingo asserting infringement of the Asserted Patents, or for representing that Duolingo’s products or services, or use of them by others, infringes the Asserted Patents and a declaration that this case is exceptional under 35 U.S.C. § 285 and to award costs of litigation.
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Case Details
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Case Number:
5:21-CV-06132
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Filing Date:
08/10/2021
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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 Judges
Lucy H. Koh
Virginia K. DeMarchi
Party Details
Plaintiff
Duolingo, Inc.
Defendant
Modern Font Applications LLC
Attorney/Law Firm Details
Plaintiff Attorneys
Gregory K. Sobolski
Attorney at Latham & Watkins LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
Gabriel Bell
Attorney at Latham and Watkins LLP
Suite 1000, 555 Eleventh Street Nw
Washington, DC 20004
Richard Gregory Frenkel
Attorney at Latham & Watkins LLP
140 Scott Drive
Menlo Park, CA 94025-1008
Court Documents
Exhibit F
Exhibit E
Exhibit D
Exhibit C
Exhibit B
Exhibit A
Notice of Eligibility for Video Recording
Standing Order
Certificate of Good Standing
Docket Entries
- 10/01/2021
- View Court Documents
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Docket(#17) AMENDED COMPLAINT with Jury Demand for Declaratory Judgment against Modern Font Applications LLC. Filed byDuolingo, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Sobolski, Gregory) (Filed on 10/1/2021) Modified on 10/4/2021 (bnsS, COURT STAFF). (Entered: 10/01/2021)
- 08/24/2021
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Docket(#16) CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH. Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for November 17, 2021 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due seven days prior to the Initial Case Management Conference. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 8/24/2021) (Entered: 08/24/2021)
- 08/24/2021
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Docket(#15) ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 8/24/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 8/24/2021) (Entered: 08/24/2021)
- 08/23/2021
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Docket(#14) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (pmcS, COURT STAFF) (Filed on 8/23/2021) (Entered: 08/23/2021)
- 08/23/2021
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Docket(#13) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Duolingo, Inc... (Sobolski, Gregory) (Filed on 8/23/2021) (Entered: 08/23/2021)
- 08/18/2021
- View Court Documents
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Docket(#12) WAIVER OF SERVICE Returned Executed filed by Duolingo, Inc.. Service waived by Modern Font Applications LLC waiver sent on 8/16/2021, answer due 10/15/2021. (Sobolski, Gregory) (Filed on 8/18/2021) (Entered: 08/18/2021)
- 08/13/2021
- View Court Documents
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Docket(#11) ORDER by Magistrate Judge Virginia K. DeMarchi granting #5 Application for Admission of Attorney Pro Hac Vice as to Gabriel K. Bell. (vkdlc2S, COURT STAFF) (Filed on 8/13/2021) (Entered: 08/13/2021)
- 08/10/2021
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Docket(#10) Summons Issued as to Modern Font Applications LLC. (dhmS, COURT STAFF) (Filed on 8/10/2021) (Entered: 08/10/2021)
- 08/10/2021
- View Court Documents
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Docket(#9) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/2/2021. Initial Case Management Conference set for 11/9/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (Attachments: #1 Standing Order)(dhmS, COURT STAFF) (Filed on 8/10/2021) (Entered: 08/10/2021)
- 08/10/2021
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Docket(#8) Case assigned to Magistrate Judge Virginia K. DeMarchi. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/24/2021. (anjS, COURT STAFF) (Filed on 8/10/2021) (Entered: 08/10/2021)
- 08/10/2021
- View Court Documents
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Docket(#7) Corporate Disclosure Statement by Duolingo, Inc. (Sobolski, Gregory) (Filed on 8/10/2021) (Entered: 08/10/2021)
- 08/10/2021
- View Court Documents
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Docket(#6) Certificate of Interested Entities by Duolingo, Inc. (Sobolski, Gregory) (Filed on 8/10/2021) (Entered: 08/10/2021)
- 08/10/2021
- View Court Documents
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Docket(#5) MOTION for leave to appear in Pro Hac Vice for Gabriel K. Bell ( Filing fee $ 317, receipt number 0971-16268706.) filed by Duolingo, Inc.. (Attachments: #1 Certificate of Good Standing)(Bell, Gabriel) (Filed on 8/10/2021) (Entered: 08/10/2021)
- 08/10/2021
- View Court Documents
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Docket(#4) NOTICE of Appearance by Richard Gregory Frenkel on behalf of Plaintiff Duolingo, Inc. (Frenkel, Richard) (Filed on 8/10/2021) (Entered: 08/10/2021)
- 08/10/2021
- View Court Documents
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Docket(#3) NOTICE of Appearance by Gregory K. Sobolski on behalf of Plaintiff Duolingo, Inc. (Sobolski, Gregory) (Filed on 8/10/2021) (Entered: 08/10/2021)
- 08/10/2021
- View Court Documents
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Docket(#2) Proposed Summons. (Sobolski, Gregory) (Filed on 8/10/2021) (Entered: 08/10/2021)
- 08/10/2021
- View Court Documents
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Docket(#1) COMPLAINT for Declaratory Judgment against Modern Font Applications LLC ( Filing fee $ 402, receipt number 0971-16268333.). Filed byDuolingo, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Sobolski, Gregory) (Filed on 8/10/2021) (Entered: 08/10/2021)
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