This case was last updated from U.S. District Courts on 12/17/2021 at 10:02:20 (UTC).

Flygrip, Inc. v. Amazon.Com, Inc.

Case Summary

On October 18, 2021, Flygrip, Inc. (“Flygrip” or “Plaintiff”), represented by Derek T. Gilliland of Sorey & Gilliland, LLP and Robert D. Katz of Katz PLLC, filed an intellectual property lawsuit against Amazon.com Inc. (“Amazon” or “Defendant”), seeking injunctive relief, damages, royalties, accounting and costs, among other reliefs, for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

This complaint arises from Defendant’s alleged unlawful infringement of the United States patent owned by Plaintiff: United States Patent No 10,800,024 entitled “Compacting Grip for Handheld Devices” (the ’024 Patent”) and United States Patent No. 8,844,098 entitled “Apparatus for Gripping Handheld Devices” (the ’098 Patent”) (referred to as the “Asserted Patent”)

In the complaint, the Plaintiff alleged that, “Amazon has directly infringed and continues to directly infringe, literally and/or under the doctrine of equivalents, one or more claims, including at least claim 2 of the ’024 Patent in violation of 35 U.S.C. § 271(a) because Amazon makes, uses, offers for sale, sells, and/or imports certain products, including within this District, at least the OtterBox Otter+PopSocket line of handheld device cases (the “Otterbox Products”). The Otterbox Products satisfy all claim limitations of one or more of the claims of the ’024 Patent, including at least claim 2.”

The Plaintiff also alleged that, “Amazon had knowledge of the ’024 Patent and of other Flygrip patents since, at least, October 14, 2021 and October 16, 2021 when Amazon received Flygrip’s letters disclosing the ’024 Patent and other Flygrip patents, and identifying the infringing nature of the Exemplary Products in connection with Flygrip’s patents, specifically including the identification of claim 2 of the ’024 Patent.”

Further, the Plaintiff alleged that, “In addition, Amazon has indirectly infringed and continues to indirectly infringe the ’024 Patent in violation of 35 U.S.C. § 271(c) by selling or offering to sell in the United States, or importing into the United States, the Popsockets Products and the Quest Products with knowledge that they are especially designed or adapted to operate in a manner that infringes that patent and despite the fact that the infringing aspects of the products are not a staple article of commerce suitable for substantial non-infringing use.”

The two claims for relief laid down by the Plaintiff are for the alleged infringement of each of the Asserted Patents.

In the prayer for relief, the Plaintiff has requested the Court to pass a judgment that Amazon has infringed and continues to infringe, one or more claims of the Asserted Patents along with an award of a permanent injunction and an accounting of all damages under 35 U.S.C. § 284, including up to treble damages as provided by 35 U.S.C. § 284, with pre-judgment and post-judgment interest. Furthermore, the Plaintiff requested the Court for a judgment and order finding this to be an exceptional case within the meaning of 35 U.S.C. § 285 and award attorneys’ fees, costs and any further relief as the Court may deem just and proper. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-01081

  • Filing Date:

    10/18/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Flygrip, Inc.

Defendant

Amazon.Com, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Derek T. Gilliland

Attorney at Sorey & Gilliland, LLP

133 E. Tyler Street

Longview, TX 75601

Robert D. Katz

Attorney at Katz PLLC

6060 N. Central Expressway, Suite 560

Dallas, TX 75206

Defendant Attorneys

John Christopher Carraway

Attorney at Klarquist Sparkman, LLP

121 Sw Salmon St., Suite 1600

Portland, OR 97204

Barry K. Shelton

Attorney at Shelton Coburn LLP

311 Rr 620 S, Suite 205

Austin, TX 78734-4775

 

Court Documents

#1

1 #1

Exhibit 1

1 #2

Exhibit 2

1 #3

Exhibit 3

1 #4

Exhibit 4

1 #5

Exhibit 5

1 #6

Exhibit 6

1 #7

Civil Cover Sheet

#2

#3

#4

#5

#6

(#6) NOTICE of Attorney Appearance by Barry K. Shelton on behalf of Amazon.Com, Inc.. Attorney Barry K. Shelton added to party Amazon.Com, Inc.(pty:dft) (Shelton, Barry) (Entered: 11/04/2021)

#7

(#7) NOTICE of Agreed Extension of Time to File Answer by Amazon.Com, Inc. re #1 Complaint, (Shelton, Barry) (Entered: 11/04/2021)

#8

(#8) MOTION to Appear Pro Hac Vice by Barry K. Shelton for J. Christopher Carraway ( Filing fee $ 100 receipt number 0542-15518680) by on behalf of Amazon.Com, Inc.. (Shelton, Barry) (Entered: 12/09/2021)

#9

(#9) ORDER GRANTING #8 Motion to Appear Pro Hac Vice for Attorney J. Christopher Carraway. Attorney added for Amazon.Com, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (sjda) (Entered: 12/13/2021)

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Docket Entries

  • 12/13/2021
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  • Docket(#9) ORDER GRANTING #8 Motion to Appear Pro Hac Vice for Attorney J. Christopher Carraway. Attorney added for Amazon.Com, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (sjda) (Entered: 12/13/2021)

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  • 12/09/2021
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  • Docket(#8) MOTION to Appear Pro Hac Vice by Barry K. Shelton for J. Christopher Carraway ( Filing fee $ 100 receipt number 0542-15518680) by on behalf of Amazon.Com, Inc.. (Shelton, Barry) (Entered: 12/09/2021)

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  • 11/04/2021
  • DocketReset Deadlines: Amazon.Com, Inc. answer due 12/23/2021. (ir) (Entered: 11/04/2021)

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  • 11/04/2021
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  • Docket(#7) NOTICE of Agreed Extension of Time to File Answer by Amazon.Com, Inc. re #1 Complaint, (Shelton, Barry) (Entered: 11/04/2021)

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  • 11/04/2021
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  • Docket(#6) NOTICE of Attorney Appearance by Barry K. Shelton on behalf of Amazon.Com, Inc.. Attorney Barry K. Shelton added to party Amazon.Com, Inc.(pty:dft) (Shelton, Barry) (Entered: 11/04/2021)

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  • 10/18/2021
  • DocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#5) Summons Issued as to Amazon.Com, Inc.. (lad) (Entered: 10/18/2021)

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  • 10/18/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Katz, Robert) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by Flygrip, Inc.. (Katz, Robert) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by Flygrip, Inc.. (Katz, Robert) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-15342198), filed by Flygrip, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(Katz, Robert) (Entered: 10/18/2021)

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