This case was last updated from PACER on 05/24/2021 at 10:37:07 (UTC).

Evolve Interactive LLC v. United Airlines, Inc.

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 United Airlines Inc. (“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.

 

The Plaintiff filed this action for Defendant’s alleged infringement of U.S. Patent No. 7,068,596 (the "'596 patent"), entitled "Interactive Data Transmission System Having Staged Servers," (“Patent in suit”) which was duly and lawfully issued by the U.S. Patent and Trademark Office to Evolve. 

 

In the complaint, the Plaintiff alleged that “without license or authorization and in violation of 35 U.S.C. § 271(a), 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.”

 

The Plaintiff further alleged upon information and belief 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 Plaintiff also alleged that “the Accused Instrumentality satisfies each and every element of each asserted claim of the '596 patent, either literally or under the doctrine of equivalents.”

 

In the only claim for relief laid down by the Plaintiff it has been alleged that the Defendant has infringed one or more claims of the patent in suit. The Plaintiff 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.

 

In the prayer for relief, the Plaintiff requested the court to adjudication that Defendant has infringed the '596 patent and to pass an order for 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 Plaintiff further requested the court to declare this case as exceptional under 35 U.S.C. § 285, and to pass an award of Evolve's reasonable attorneys' fees. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00444

  • 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

United Airlines, Inc.

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 Attorney

Kenneth Laurence Dorsney

Attorney at Morris James LLP

500 Delaware Avenue, Suite 1500

Wilmington, DE 19899-2306

 

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

  • 05/14/2021
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  • DocketSO ORDERED re #8 STIPULATION TO EXTEND TIME for Defendant United Airlines, Inc. to answer, move or otherwise respond to the Complaint to June 17, 2021 (Set/Reset Answer Deadlines: United Airlines, Inc. answer due 6/17/2021). ORDERED by Judge Maryellen Noreika on 5/14/2021. (dlw) (Entered: 05/14/2021)

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  • 05/14/2021
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  • Docket(#8) STIPULATION TO EXTEND TIME for Defendant United Airlines, Inc. to answer, move or otherwise respond to the Complaint to June 17, 2021 - filed by United Airlines, Inc.. (Dorsney, Kenneth) (Entered: 05/14/2021)

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  • 04/15/2021
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  • DocketSO ORDERED re #7 MOTION for Extension of Time to File Answer re #1 Complaint (Set/Reset Answer Deadlines: United Airlines, Inc. answer due 5/19/2021). ORDERED by Judge Maryellen Noreika on 4/15/2021. (dlw) (Entered: 04/15/2021)

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  • 04/14/2021
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  • Docket(#7) MOTION for Extension of Time to File Answer re #1 Complaint, - filed by Evolve Interactive LLC. (Weinblatt, Richard) (Entered: 04/14/2021)

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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. United Airlines, Inc. 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). (apk) (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. (apk) (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) 7,068,596 B1. (apk) (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. (apk) (Entered: 03/26/2021)

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  • 03/25/2021
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  • Docket(#1) COMPLAINT filed with Jury Demand against United Airlines, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3579788.) - filed by Evolve Interactive LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(apk) (Entered: 03/26/2021)

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