This case was last updated from PACER on 08/20/2021 at 08:25:59 (UTC).

Flypsi, Inc. v. Dialpad, Inc.

Case Summary

On June 21, 2021, Flypsi, Inc. (“Flyp” or “Plaintiff”), represented by M. Brett Johnson, Michael A. Bittner, Thomas M. Melsheimer, and William M. Logan of Winston & Strawn LLP, filed an intellectual property lawsuit against Dialpad, Inc (“Dialpad” or “Defendant”), seeking permanent injunction and damages with pre-judgement and post-judgement interest, among other reliefs, for alleged unlawful infringement of the patents owned by the Plaintiff. The case was filed in U.S. District Court in Western District of Texas with Judge Alan D. Albright presiding.

 

The Plaintiff filed this complaint for the alleged infringement of United States Patent No. 9,667,770, entitled “Telephone Network System and Method” (“the ’770 patent”), United States Patent No. 10,051,105, entitled “Telephone Network System and Method” (“the ’105 patent”), United States Patent No. 10,334,094, entitled “Telephone Network System and Method” (“the ’094 patent”), and U.S. Patent No. 11,012,554, entitled “Telephone Network System and Method” (“the ’554 patent”),  (collectively, the “Patents-in-Suit”) owned by the Plaintiff.

 

In the complaint, the Plaintiff has alleged that, “Dialpad has infringed, contributed to the infringement of, and/or induced infringement of the ’770 Patent by making, using, selling, offering for sale, or importing into the United States, or by intending that others make, use, import into, offer for sale, or sell in the United States, products and/or methods covered by one or more claims of the ’770 Patent, including, but not limited to, Dialpad’s app-based telephone feature known as Dialpad Talk.”

 

The Plaintiff also alleged that, “Upon information and belief, Dialpad indirectly infringes the '770 Patent by (1) inducing infringement by others, such as resellers, partners, and end-user customers in this District and throughout the United States with knowledge or willful blindness that the induced acts would constitute infringement, and (2) contributing to infringement by others, such as resellers, partners, and end-user customers. Upon information and belief, direct infringement is (1) the result of activities performed by resellers, partners, and end-user customers of Dialpad Talk, who perform each step of the claimed invention as directed by Dialpad, or (2) the result of activities performed by resellers, partners, and end-user customers of Dialpad Talk in a normal and customary way that infringes the '770 Patent, that has no substantial non-infringing uses, and that is known by Dialpad.”

 

Further the Plaintiff alleged that, “Dialpad has injured Flyp and is thus liable for infringement of the ’770 Patent, pursuant to 35 U.S.C. § 271. Dialpad has committed these acts of infringement without license or authorization.”

 

Similar allegations have been made by the Plaintiff with reference to the alleged infringement of other Patents-in-Suit.

 

There are four claims for relief laid down by the Plaintiff, one for the alleged infringement of each of the Patents-in-Suit.

 

In the prayer for relief, the Plaintiff has requested the court for permanent injunctive relief along with a compulsory forward royalty and award for enhanced damages pursuant to 35 U.S.C. § 284. The Plaintiff also requested the court for reasonable attorneys’ fee pursuant to 35 U.S.C. § 285 along with prejudgment and post judgment interests and any other relief the Court may deem just and appropriate.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00642

  • Filing Date:

    06/21/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Flypsi, Inc. doing business as FLYP

Defendant and Counter Plaintiff

Dialpad, Inc.

Counter Defendant

Flypsi, Inc.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Matthew R. McCullough

Attorney at Winston & Strawn LLP

275 Middlefield Road, Suite 205

Menlo Park, CA 94025

Chad B. Walker

Attorney at Winston & Strawn LLP

2121 N. Pearl Street. Ste. 900

Dallas, TX 75201

Thomas M. Melsheimer

Attorney at Winston & Strawn LLP

2121 N. Pearl Street, Ste. 900

Dallas, TX 75201

Michael A. Bittner

Attorney at Winston & Strawn LLP

2121 N. Pearl Street, Suite 900

Dallas, TX 75201

M. Brett Johnson

Attorney at Winston & Strawn LLP

2121 N. Pearl Street, Suite 900

Dallas, TX 75201

William M. Logan

Attorney at Winston and Strawn LLP

800 Capitol Street, Suite 2400

Houston, TX 77002

Defendant and Counter Plaintiff Attorneys

Elizabeth M. Chiaviello

Attorney at Morgan Lewis and Bockius LLP

1717 Main Street, Suite 3200

Dallas, TX 75201-7347

Robert C. Bertin

Attorney at Morgan, Lewis & Bockius LLP

1111 Pennsylvania Avenue, Nw

Washington, DC 20004

 

Court Documents

#15

#14

#13

12 #1

Proposed Order

#12

11 #1

Proposed Order

#11

#10

#9

#8

#7

#6

#5

#4

#3

#2

9 More Documents Available
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Docket Entries

  • 08/13/2021
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  • Docket(#15) RULE 7 DISCLOSURE STATEMENT filed by Dialpad, Inc.. (Chiaviello, Elizabeth) (Entered: 08/13/2021)

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  • 08/13/2021
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  • Docket(#14) ANSWER to #1 Complaint with Jury Demand , COUNTERCLAIM against Flypsi, Inc. by Dialpad, Inc..(Chiaviello, Elizabeth) (Entered: 08/13/2021)

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  • 08/10/2021
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  • DocketText Order GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Robert C. Bertin for Dialpad, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jc5) (Entered: 08/11/2021)

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  • 08/10/2021
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  • Docket(#13) MOTION to Appear Pro Hac Vice by Elizabeth M. Chiaviello filed on behalf of Robert Bertin ( Filing fee $ 100 receipt number 0542-15100981) by on behalf of Dialpad, Inc.. (Chiaviello, Elizabeth) (Entered: 08/10/2021)

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  • 07/15/2021
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  • DocketText Order GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Matthew R. McCullough for Flypsi, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 07/15/2021)

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  • 07/14/2021
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  • Docket(#12) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint Unopposed Motion for Extension of Time to Answer, Move or Otherwise Respond to Plaintiff's Complaint by Dialpad, Inc.. (Attachments: #1 Proposed Order)(Chiaviello, Elizabeth) (Entered: 07/14/2021)

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  • 06/28/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by Michael A. Bittner for Matthew McCullough ( Filing fee $ 100 receipt number 0542-14961188) by on behalf of Flypsi, Inc.. (Attachments: #1 Proposed Order)(Bittner, Michael) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#10) NOTICE of Attorney Appearance by Chad B. Walker on behalf of Flypsi, Inc. (Walker, Chad) (Entered: 06/28/2021)

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  • 06/23/2021
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  • Docket(#9) SUMMONS Returned Executed by Flypsi, Inc.. Dialpad, Inc. served on 6/23/2021, answer due 7/14/2021. (Melsheimer, Thomas) (Entered: 06/23/2021)

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  • 06/21/2021
  • 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: 06/21/2021)

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  • 06/21/2021
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  • Docket(#8) Summons Issued as to Dialpad, Inc.. (lad) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#7) Pro Hac Vice Letter to Matthew R. McCullough. (lad) (Entered: 06/21/2021)

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  • 06/21/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#6) NOTICE of Attorney Appearance by Michael A. Bittner on behalf of Flypsi, Inc.. Attorney Michael A. Bittner added to party Flypsi, Inc.(pty:pla) (Bittner, Michael) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#5) NOTICE of Attorney Appearance by M. Brett Johnson on behalf of Flypsi, Inc. (Johnson, M.) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by Flypsi, Inc.. (Melsheimer, Thomas) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Melsheimer, Thomas) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#2) RULE 7 DISCLOSURE STATEMENT filed by Flypsi, Inc.. (Melsheimer, Thomas) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14934444), filed by Flypsi, Inc.. (Attachments: #1 Civil Cover Sheet)(Melsheimer, Thomas) (Entered: 06/21/2021)

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