Estech Systems IP, LLC v. Fiserv, Inc. et al

On December 31, 2021, Estech Systems IP, LLC (“Estech” or “Plaintiff”), represented by Fred Irvin Williams of Williams Simons & Landis PLLC, filed an intellectual property lawsuit against Fiserv, Inc. and Fiserv Solutions, LLC (“Fiserv” or “Defendants”), seeking injunctive relief and damages along with pre- and post-judgement interest for the alleged infringement of United States Patents owned by the Plaintiff. This case was filed in U.S. District Court in the Eastern District of Texas with Judge Rodney Gilstrap and Judge Roy S. Payne presiding.

The Plaintiff filed this complaint for the alleged infringement of U.S. Patent Nos. 8,391,298 (the “’298 patent”), 7,068,684 (the “’684 patent”), 6,067,349 (the “’349 patent”), and 7,123,699 (the “’699 patent”) (collectively, the “Estech Asserted Patents” or “Patents-in-Suit” or “Asserted Patents”) owned by the Plaintiff.

In the complaint the Plaintiff alleged that, “Defendants infringed the ’298 patent by making, having made, using, importing, providing, supplying, distributing, selling, or offering for sale products and/or systems, including VoIP telephone systems and networking equipment utilized by Defendants (“Accused Instrumentalities”). Defendants have also indirectly infringed the ’298 patent by inducing others to directly infringe the ’298 patent. Defendants have induced end-users, including Defendants’ customers, partners, personnel, clients, and contractors, to directly infringe (literally or under the doctrine of equivalents) the ’298 patent by making and using the Accused Instrumentalities.”

The Plaintiff further alleged that, “Defendants infringed the ’684 patent by making, having made using, importing, providing, supplying, distributing, selling, or offering for sale products and/or systems, including VoIP telephone systems and networking equipment utilized by Defendants (“Accused Instrumentalities”). Defendants have also indirectly infringed the ’684 patent by inducing others to directly infringe the ’684 patent. Defendants have induced end-users, including Defendants’ customers, partners, personnel, clients, and contractors, to directly infringe (literally or under the doctrine of equivalents) the ’684 patent by making and using the Accused Instrumentalities.”

The Plaintiff also alleged that, “Defendants infringed the ’699 patent by making, having made, using, importing, providing, supplying, distributing, selling, or offering for sale products and/or systems including VoIP telephone systems and networking equipment utilized by Defendants (“Accused Instrumentalities”). Defendants have also indirectly infringed by contributing to the infringement of the ’699 patent. Defendants have contributed to the direct infringement of the ’699 patent by its customers, partners, personnel, contractors, and suppliers. The Accused Instrumentalities have special features that are specially designed to be used in an infringing way and that have no substantial uses other than ones that infringe one or more claims of the ’699 patent, including, for example, Claim 1 of the ’699 patent.”

Similar allegations have been made by the Plaintiff with respect to the other Asserted Patents owned by the Plaintiff.

There are four claims for relief laid down by the Plaintiff, which each deal with the alleged infringement of the Asserted Patents owned by the Plaintiff.

In its prayer for relief, the Plaintiff has requested the Court for a judgment that one or more claims of the Asserted Patents have been infringed, either literally or under the doctrine of equivalents by the Defendants; for a permanent injunction enjoining Defendants and its officers, from infringement of the ’298, ’684, and ’699 patents; and for damages along with pre- and post-judgement interest. The Plaintiff also requested the Court for all other and further relief as the Court may deem just and proper under the circumstances.

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