This case was last updated from PACER on 05/24/2021 at 10:36:59 (UTC).

Evolve Interactive LLC v. JetBlue Airways Corporation

Case Summary

On March 25, 2021, Evolve Interactive LLC (“Evolve”), represented by  Richard Charles Weinblatt and Stamatios Stamoulis of Stamoulis & Weinblatt LLC, filed an intellectual property lawsuit against JetBlue Airways Corporation (“Defendant”), seeking damages and an accounting of all infringing acts among other reliefs for alleged infringement of technology relating to Interactive Data Transmission System Having Staged Servers by Defendant. This case was filed in U.S. District Court in the District of Delaware with Judge Maryellen Noreika presiding.

Evolve is the assignee and owner of the right, title and interest in and to U.S. Patent No. 7,068,596 (the "'596 patent"), entitled "Interactive Data Transmission System Having Staged Servers," duly and lawfully issued by the U.S. Patent and Trademark Office, thus conferring upon Evolve the right to assert all causes of action arising under said patent and the right to any remedies for infringement of it.

In the complaint, Evolve has alleged that “Defendant is liable for infringement of at least claim 24 of the '596 patent by making, using, importing, offering for sale, and/or selling, systems and methods for interactively controlling from one of a plurality of network devices a flow of audio visual data from a central server to the network device, including, but not limited to, IPTV (the "Accused Instrumentality"), because each and every element is met either literally or equivalently.”

It has further alleged that “Defendant installed, used and tested the Accused Instrumentality in its airplanes in the United States, directly infringing one or more claims of the '596 patent. The Accused Instrumentality satisfies each and every element of each asserted claim of the '596 patent, either literally or under the doctrine of equivalents.” Evolve also alleged that “Evolve is entitled to recover from Defendant the damages sustained by Evolve as a result of Defendant's infringement of the '596 patent in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.”

The only claim for relief laid down by the Plaintiff is for the alleged infringement of one or more claims of the ‘596 Patent wherein Plaintiff alleged that Defendant installed, used and tested the Accused Instrumentality in its airplanes in the United States, directly infringing one or more claims of the '596 patent.

In its prayer for relief, Evolve has requested the Court to adjudicate that Defendant has infringed the '596 patent. Accordingly, an award of damages to be paid by Defendant adequate to compensate Evolve for Defendant's past infringement of the '596 patent and any continuing or future infringement through the date such judgment is entered, including interest, costs, expenses and an accounting of all infringing acts including, but not limited to, those acts not presented at trial. The Court may further declare that this case is exceptional under 35 U.S.C. § 285, and an award of Evolve's reasonable attorneys' fees; and finally, pass any other relief at law or in equity as it may deem just and proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00443

  • Filing Date:

    03/25/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Maryellen Noreika

 

Party Details

Plaintiff

Evolve Interactive LLC

Defendant

JetBlue Airways Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Stamatios Stamoulis

Attorney at Stamoulis & Weinblatt LLC

800 N. West Street, Third Floor

Wilmington, DE 19801

Richard Charles Weinblatt

Attorney at Stamoulis & Weinblatt LLC

800 N. West Street, Third Floor

Wilmington, DE 19801

Defendant Attorneys

Brian P. Egan

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

Jack B. Blumenfeld

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

 

Court Documents

#1

1 #1

Exhibit A

1 #2

Exhibit B

1 #3

Civil Cover Sheet

#2

#3

#4

#5

#6

#7

#8

 

Docket Entries

  • 05/12/2021
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  • DocketSO ORDERED re #8 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to June 18, 2021 (Set/Reset Answer Deadlines: JetBlue Airways Corporation answer due 6/18/2021). ORDERED by Judge Maryellen Noreika on 5/12/2021. (dlw) (Entered: 05/12/2021)

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  • 05/11/2021
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  • Docket(#8) STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to June 18, 2021 - filed by JetBlue Airways Corporation. (Egan, Brian) (Entered: 05/11/2021)

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  • 04/07/2021
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  • DocketSO ORDERED re #7 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to May 19, 2021 (Set/Reset Answer Deadlines: JetBlue Airways Corporation answer due 5/19/2021). ORDERED by Judge Maryellen Noreika on 4/7/2021. (dlw) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#7) STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to May 19, 2021 - filed by JetBlue Airways Corporation. (Blumenfeld, Jack) (Entered: 04/07/2021)

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  • 03/31/2021
  • DocketCase Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:21-cv-00443-MN, 1:21-cv-00444-MN (rjb) (Entered: 03/31/2021)

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  • 03/30/2021
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  • Docket(#6) SUMMONS Returned Executed by Evolve Interactive LLC. JetBlue Airways Corporation served on 3/29/2021, answer due 4/19/2021. (Weinblatt, Richard) (Entered: 03/30/2021)

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  • 03/25/2021
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  • Docket(#5) Summonses Issued (please complete the top portion of the form and print out for use/service). (nmg) (Entered: 03/26/2021)

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  • 03/25/2021
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  • Docket(#4) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Evolve Interactive LLC. (nmg) (Entered: 03/26/2021)

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  • 03/25/2021
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  • Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,068,596 B1. (nmg) (Entered: 03/26/2021)

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  • 03/25/2021
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  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 03/26/2021)

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  • 03/25/2021
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  • Docket(#1) COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against JetBlue Airways Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3579787.) - filed by Evolve Interactive LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(nmg) (Entered: 03/26/2021)

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