This case was last updated from PACER on 04/05/2021 at 08:55:46 (UTC).

Gesture Technology Partners, LLC v. Apple, Inc.

Case Summary

On February 4, 2021, Gesture Technology Partners, LLC (“Plaintiff” or “GTP”) represented by Fred I. Williams of Williams Simons & Landis PLLC filed an intellectual property lawsuit against Apple, Inc., (“Defendant”) seeking damages and other relief under 35 U.S.C. § 284 for allegedly infringing GTP’s intellectual property relating to innovations in using mobile phone cameras to assist a user to interact with their smartphone, including, for example, but not limited to, unlocking their phone, taking and using photos or videos, and providing other functions. This case was filed in the U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.  

 

The Plaintiff alleges that the Defendants have infringed one or more claims under United States Patent Numbers 8,194,924 entitled “Camera Based Sensing in Handheld, Mobile, Gaming or Other Devices.” (“the ’924 Patent”), 7,933,431 entitled “Camera Based Sensing in Handheld, Mobile, Gaming, or Other Devices.” (“The ’431 Patent”), 8,878,949 entitled “Camera Based Interaction and Instruction.” (“the ’949 Patent”) and 8,553,079 entitled “More Useful Man Machine Interfaces and Applications.” (“the ’079 Patent”) owned by GTP (collectively, the “Asserted Patents”).

 

Plaintiff alleges that “Apple was aware of the details of the Asserted Patents and was aware that Apple needed a license to practice the inventions in the Asserted Patents,” and that “Apple did not take any steps to change their products or to inform its engineers and design team of the Asserted Patents to avoid infringing them.” 

 

Plaintiff further alleges that “Apple has induced end-users and other third-parties to directly infringe (literally or under the doctrine of equivalents) the ’924 patent by using the Accused Products. Apple took active steps, directly or through contractual relationships with others, with the specific intent to cause them to use the Accused Products in a manner that infringes one or more claims of the ’924 patent, including, for example, Claim 1 of the ’924 patent. Such steps by Apple included, among other things, advising or directing end-users and other third-parties to use the Accused Features in the Accused Products in an infringing manner; advertising and promoting the use of the Accused Products in an infringing manner; or distributing instructions that guide end-users and other third-parties to use the Accused Products in an infringing manner.”

 

Plaintiff further alleges that “Apple was aware that the normal and customary use of the Accused Products by others would infringe the ’431 patent. Apple’s direct and indirect infringement of the ’431 patent was willful, intentional, deliberate, or in conscious disregard of Plaintiff’s rights under the patent.”

 

Four claims for relief laid down by the Plaintiff are for the infringement of one or more claims of the ’924 Patent, ’431 Patent, ’949 Patent and ‘079 Patent respectively.

 

In the prayer for relief, Plaintiff has requested the court to hold that the Defendant has directly infringed literally and/or under the doctrine of equivalents, one or more claims of the asserted patents. Plaintiff has further requested the court to hold that the Plaintiff is entitled to treble damages under 35 U.S.C. § 284 and also award pre and post judgment interests along with cost and expenses of the action as provided by 35 U.S.C. § 285.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00121

  • Filing Date:

    02/04/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Gesture Technology Partners, LLC

Defendant

Apple, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Fred I. Williams

Attorney at Williams Simons & Landis PLLC

327 Congress Ave., Suite 490

Austin, TX 78701

C. Matthew Rozier

Attorney at Williams Simons & Landis PLLC

1500 Larimer Street, Suite 1067

Denver, CO 80202

Michael Simons

Attorney at Williams Simons & Landis PLLC

327 Congress Ave., Suite 490

Austin, TX 78701

Chad Ennis

Attorney at Williams, Simons, and Landis, PLLC

327 Congress Ave, Ste 490

Austin, TX 78701

Jonathan L. Hardt

Attorney at Williams Simons & Landis PLLC

327 Congress Ave., Suite 490

Austin, TX 78701

John Wittenzellner

Attorney at Williams Simons and Landis PLLC

327 Congress Avenue, Suite 490

Austin, TX 78701

Defendant Attorneys

Sean C. Cunningham

Attorney at DLA Piper LLP (US)

401 B Street, Suite 1700

San Diego, CA 92101-4297

Catherine Huang

Attorney at DLA Piper LLP (US)

401 B Street, Suite 1700

San Diego, CA 92101-4297

Michael D. Jay

Attorney at DLA Piper LLP (US)

2000 Avenue Of The Stars, Suite 400 North Tower

Los Angeles, CA 90067

Christopher Deck

Attorney at DLA Piper LLP (US)

33 Arch Street, 26Th Floor

Boston, MA 02110

John Michael Guaragna

Attorney at DLA Piper LLP (US)

303 Colorado Street, Suite 3000

Austin, TX 78701

 

Court Documents

#15

#14

#13

8 #1

Proposed Order

#8

#12

#6

#4

#3

#2

1 #5

Civil Cover Sheet

1 #4

Exhibit D

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

#1

12 More Documents Available
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Docket Entries

  • 03/29/2021
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  • Docket(#15) RULE 7 DISCLOSURE STATEMENT filed by Apple, Inc.. (Guaragna, John) (Entered: 03/29/2021)

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  • 03/29/2021
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  • Docket(#14) ANSWER to #1 Complaint, with Jury Demand Defendant Apple Inc.'s Answer to Original Complaint for Patent Infringement by Apple, Inc..(Guaragna, John) (Entered: 03/29/2021)

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  • 03/01/2021
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  • DocketText Order GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Sean C. Cunningham for Apple, 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: 03/01/2021)

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  • 03/01/2021
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  • DocketText Order GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Christopher Deck for Apple, 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: 03/01/2021)

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  • 03/01/2021
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  • DocketText Order GRANTING #10 Motion to Appear Pro Hac Vice for Attorney Michael D. Jay for Apple, 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: 03/01/2021)

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  • 02/26/2021
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  • DocketText Order GRANTING #9 Motion to Appear Pro Hac Vice for Attorney Catherine Huang for Apple, 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: 02/26/2021)

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  • 02/26/2021
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  • DocketText Order GRANTING #7 Motion to Appear Pro Hac Vice for Attorney C. Matthew Rozier for Gesture Technology Partners, LLC. 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: 02/26/2021)

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  • 02/25/2021
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  • Docket(#13) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Sean Cunningham ( Filing fee $ 100 receipt number 0542-14528713) by on behalf of Apple, Inc.. (Guaragna, John) (Entered: 02/25/2021)

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  • 02/24/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Christopher Deck ( Filing fee $ 100 receipt number 0542-14523376) by on behalf of Apple, Inc.. (Guaragna, John) (Entered: 02/24/2021)

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  • 02/24/2021
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  • Docket(#10) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Michael D. Jay ( Filing fee $ 100 receipt number 0542-14523374) by on behalf of Apple, Inc.. (Guaragna, John) (Entered: 02/24/2021)

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2 More Docket Entries
  • 02/23/2021
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  • DocketText Order GRANTING #8 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Came on for consideration is Defendant's Motion. Noting that it is unopposed, the Court GRANTS the Motion. Defendant shall have up to and including March 29, 2021 to answer or otherwise respond to Plaintiff's Complaint.(This is a text-only entry generated by the court. There is no document associated with this entry.) (hs) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, Move, or Otherwise Respond by Apple, Inc.. (Attachments: #1 Proposed Order)(Guaragna, John) (Entered: 02/22/2021)

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  • 02/17/2021
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  • Docket(#7) MOTION to Appear Pro Hac Vice by Fred I. Williams on behalf of C. Matthew Rozier ( Filing fee $ 100 receipt number 0542-14494546) by on behalf of Gesture Technology Partners, LLC. (Attachments: #1 Proposed Order)(Williams, Fred) (Entered: 02/17/2021)

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  • 02/12/2021
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  • Docket(#12) Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D Albright. as of 2/12/2021. (bot1) (Entered: 02/25/2021)

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  • 02/05/2021
  • 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. (am) (Entered: 02/05/2021)

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  • 02/05/2021
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  • Docket(#6) Summons Issued as to Apple, Inc.. (am) (Entered: 02/05/2021)

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  • 02/04/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by Gesture Technology Partners, LLC. (Williams, Fred) (Entered: 02/04/2021)

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  • 02/04/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by Gesture Technology Partners, LLC. (Williams, Fred) (Entered: 02/04/2021)

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  • 02/04/2021
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Williams, Fred) (Entered: 02/04/2021)

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  • 02/04/2021
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  • Docket(#1) COMPLAINT Against Apple Inc. ( Filing fee $ 402 receipt number 0542-14454169), filed by Gesture Technology Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Williams, Fred) (Entered: 02/04/2021)

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