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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Pending - Other Pending
Alan D Albright
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
Civil Cover Sheet
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)Read MoreRead Less
Docket(#5) Summons Issued as to Amazon.Com, Inc.. (lad) (Entered: 10/18/2021)Read MoreRead Less
DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 10/18/2021)Read MoreRead Less
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)Read MoreRead Less
Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by Flygrip, Inc.. (Katz, Robert) (Entered: 10/18/2021)Read MoreRead Less
Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by Flygrip, Inc.. (Katz, Robert) (Entered: 10/18/2021)Read MoreRead Less
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)Read MoreRead Less
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