This case was last updated from U.S. District Courts on 03/01/2022 at 07:19:38 (UTC).

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

Case Summary

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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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00477

  • Filing Date:

    12/31/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Rodney Gilstrap

Referral Judge

Roy S. Payne

 

Party Details

Plaintiff

Estech Systems IP, LLC

Defendants

Fiserv, Inc.

Fiserv Solutions, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

John Wittenzellner

Attorney at Williams, Simons, and Landis, PLLC - Philadelphia

1735 Market St., Suite A #453

Philadelphia, PA 19103

Fred Irvin Williams

Attorney at Williams Simons & Landis PLLC - Austin

The Littlefield Building

601 Congress Avenue, SU 600

Michael Simons

Attorney at Williams Simons & Landis PLLC - Austin

The Littlefield Building

601 Congress Avenue, SU 600

Todd Eric Landis

Attorney at Williams, Simons, and Landis, PLLC - Dallas

2633 Mckinney Ave., Suite 130 #366

Dallas, TX 75204

Defendant Attorney

J Stephen Ravel

Attorney at Kelly Hart & Hallman - Austin

301 Congress Ave., Suite 2000

Austin, TX 78701

 

Court Documents

#1

(#1) COMPLAINT For Patent Infringement against Fiserv Solutions, LLC, Fiserv, Inc. ( Filing fee $ 402 receipt number 0540-8727706.), filed by Estech Systems IP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Williams, Fred) (Entered: 12/31/2021)

1 #1

Exhibit A

1 #2

Exhibit B

1 #3

Exhibit C

1 #4

Exhibit D

1 #5

Civil Cover Sheet

#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. (Williams, Fred) (Entered: 12/31/2021)

#3

(#3) CORPORATE DISCLOSURE STATEMENT filed by Estech Systems IP, LLC identifying Corporate Parent Estech Systems, Inc. for Estech Systems IP, LLC. (Williams, Fred) (Entered: 12/31/2021)

#4

(#4) SUMMONS Issued as to Fiserv Solutions, LLC, Fiserv, Inc.. (Attachments: #1 Summons(es))(ch, ) (Entered: 01/03/2022)

4 #1

Summons(es)

#5

(#5) NOTICE of Attorney Appearance by Michael Simons on behalf of Estech Systems IP, LLC (Simons, Michael) (Entered: 01/10/2022)

#6

(#6) NOTICE of Attorney Appearance by John Wittenzellner on behalf of Estech Systems IP, LLC (Wittenzellner, John) (Entered: 01/12/2022)

#7

(#7) NOTICE of Attorney Appearance by Todd Eric Landis on behalf of Estech Systems IP, LLC (Landis, Todd) (Entered: 01/12/2022)

#8

(#8) Defendants' Unopposed First Application for Extension of Time to Answer Complaint re Fiserv Solutions, LLC, Fiserv, Inc..( Ravel, J) (Entered: 01/24/2022)

#9

(#9) CONSOLIDATION ORDER - The above-captioned case is hereby ORDERED to be CONSOLIDATED for all pretrial issues with the LEAD CASE, Case No. 2:21-cv-00473. All parties are instructed to file any future filings in the LEAD CASE. Signed by District Judge Rodney Gilstrap on 2/12/2022. (ch, ) (Entered: 02/14/2022)

5 More Documents Available
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Docket Entries

  • 02/12/2022
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  • Docket(#9) CONSOLIDATION ORDER - The above-captioned case is hereby ORDERED to be CONSOLIDATED for all pretrial issues with the LEAD CASE, Case No. 2:21-cv-00473. All parties are instructed to file any future filings in the LEAD CASE. Signed by District Judge Rodney Gilstrap on 2/12/2022. (ch, ) (Entered: 02/14/2022)

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  • 01/24/2022
  • DocketDefendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Fiserv Solutions, LLC to 2/28/2022; Fiserv, Inc. to 2/28/2022. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 01/24/2022)

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  • 01/24/2022
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  • Docket(#8) Defendants' Unopposed First Application for Extension of Time to Answer Complaint re Fiserv Solutions, LLC, Fiserv, Inc..( Ravel, J) (Entered: 01/24/2022)

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  • 01/12/2022
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  • Docket(#7) NOTICE of Attorney Appearance by Todd Eric Landis on behalf of Estech Systems IP, LLC (Landis, Todd) (Entered: 01/12/2022)

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  • 01/12/2022
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  • Docket(#6) NOTICE of Attorney Appearance by John Wittenzellner on behalf of Estech Systems IP, LLC (Wittenzellner, John) (Entered: 01/12/2022)

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  • 01/10/2022
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  • Docket(#5) NOTICE of Attorney Appearance by Michael Simons on behalf of Estech Systems IP, LLC (Simons, Michael) (Entered: 01/10/2022)

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  • 01/03/2022
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  • Docket(#4) SUMMONS Issued as to Fiserv Solutions, LLC, Fiserv, Inc.. (Attachments: #1 Summons(es))(ch, ) (Entered: 01/03/2022)

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  • 01/03/2022
  • 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. (ch, ) (Entered: 01/03/2022)

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  • 01/03/2022
  • DocketCase assigned to District Judge Rodney Gilstrap and Magistrate Judge Roy S. Payne. (ch, ) (Entered: 01/03/2022)

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  • 12/31/2021
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  • Docket(#3) CORPORATE DISCLOSURE STATEMENT filed by Estech Systems IP, LLC identifying Corporate Parent Estech Systems, Inc. for Estech Systems IP, LLC. (Williams, Fred) (Entered: 12/31/2021)

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  • 12/31/2021
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  • 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. (Williams, Fred) (Entered: 12/31/2021)

    Read MoreRead Less
  • 12/31/2021
  • View Court Documents
  • Docket(#1) COMPLAINT For Patent Infringement against Fiserv Solutions, LLC, Fiserv, Inc. ( Filing fee $ 402 receipt number 0540-8727706.), filed by Estech Systems IP, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Williams, Fred) (Entered: 12/31/2021)

    Read MoreRead Less
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