On February 19, 2021, Ginegar LLC (“Ginegar”), represented by Jon Bentley Hyland of Hilgers Graben PLLC-Dallas, filed an intellectual property lawsuit against Slack Technologies, Inc. (the “Defendant”) seeking damages with prejudgment interest for allegedly infringing one or more claims of two patents owned by Ginegar. This case was filed in U.S. District Court in the District of Colorado with Judge Scott T. Varholak presiding.
Ginegar, in its complaint, alleged that the Defendant had allegedly infringed its U.S. Patent Numbers 9,367,521 (the “’521 Patent”) entitled “Content and Context Based Handling of Instant Messages”, that claims, among other things, a method of processing instant messages, and 9,760,865 (the “’865 Patent”), entitled “Multi-Modal Transcript Unification in a Collaborative Environment'', which provides systems and methods that allow users to converse with each other using multi-modal communication and that automatically log a chat transcript that contained multi-modal communication, such as text and audio in one chat session, collectively referred to as “the Patents-in-Suit.”
Ginegar alleged that “in violation of 35 U.S.C. § 271(a), Slack Technologies has directly infringed the ’521 Patent, either literally or under the doctrine of equivalents, by making, using, selling, and/or offering to sell in the United States, and/or importing into the United States, without license or authority, Slack.” and that “in violation of 35 U.S.C. § 371(b), Slack Technologies has also indirectly infringed the ’521 Patent by actively inducing infringement of the’521 Patent by users of Slack, knowing that their use of Slack would and has directly infringed, either literally or under the doctrine of equivalents, the ’521 Patent.
Ginegar also alleged that “in violation of 35 U.S.C. § 371(c), Slack Technologies has also indirectly infringed the ’521 Patent by offering to sell or license and/or selling or licensing with the United States Slack for use in practicing one or more of the methods claimed in the ’521 Patent, knowing that use of Slack by users would directly infringe, either literally or under the doctrine of equivalents, the ’521 Patent.” Ginegar has made similar allegations for infringement of ‘865 patent in violation of 35 U.S.C. §§ 271(a), 371(b) and 371 ©.
There are two claims for relief laid down by Ginegar, one for the alleged infringement of each of the Patents-in-Suit wherein Ginegar alleged that Slack Technologies has had notice of the Patents in Suit at least as of the date of service of this Complaint and that as a result of Defendant's alleged infringement of the Patents-in-Suit, Ginegar has suffered and continues to suffer substantial injury and is entitled to recover all damages as claimed hereunder.
In its prayer for relief, Ginegar requested the court to enter a judgement for Ginegar on all causes of actions asserted in the Complaint and to award monetary damages to compensate it for Defendant's alleged infringement of the Patents-in-Suit pursuant to 35 U.S.C.§ 284, including costs and prejudgment interest as allowed by law, in addition to accounting and/or supplemental damages for all damages occurring after any discovery cutoff and through the Court’s entry of final judgment and costs of litigation.
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Pending - Other Pending
Scott T. Varholak
Slack Technologies, Inc.
Jon Bentley Hyland
Attorney at Hilgers Graben PLLC-Dallas
10000 N. Central Expressway, Suite 400
Dallas, TX 75231
Christine L. Ranney
Attorney at Gibson Dunn & Crutcher LLP-Denver
1801 California Street, Suite 4200
Denver, CO 80202-2642
Docket(#10) ORDER granting #9 Defendant's Motion for 45-Day Extension of Time to Answer, Move, or Otherwise Respond to Plaintiff's Complaint. The deadline for Defendant to respond to the operative complaint is extended until 4/29/2021. The Telephonic Scheduling Conference set for 4/29/2021 09:15 AM is VACATED and RESET for 5/25/2021 10:30 AM before Magistrate Judge Scott T. Varholak.The parties shall participate in the conference by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The parties shall file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form on or before 5/11/2021, and shall submit a joint Proposed Scheduling Order on or before 5/18/2021. The parties shall comply with the requirements of D.C.COLO.LPtR 3(c) with regard to the submission of a proposed protective order on or before 5/13/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/09/2021. Text Only Entry(stvlc1, ) (Entered: 03/09/2021)Read MoreRead Less
Docket(#9) Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Slack Technologies, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Ranney, Christine) (Entered: 03/08/2021)Read MoreRead Less
Docket(#8) SUMMONS Returned Executed by Ginegar LLC. Slack Technologies, Inc. served on 2/22/2021, answer due 3/15/2021. (Hyland, Jon) (Entered: 02/25/2021)Read MoreRead Less
Docket(#7) ORDER Setting Scheduling Conference for 4/29/2021 09:15 AM before Magistrate Judge Scott T. Varholak. Consent Form due by 4/15/2021. Proposed Scheduling Order due 4/22/2021, by Magistrate Judge Scott T. Varholak on 2/22/2021. (jgonz, ) (Entered: 02/23/2021)Read MoreRead Less
Docket(#6) SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (alave, ) (Entered: 02/22/2021)Read MoreRead Less
Docket(#5) Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (alave, ) (Entered: 02/22/2021)Read MoreRead Less
Docket(#4) Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (alave, ) (Entered: 02/22/2021)Read MoreRead Less
Docket(#3) CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent KMizra, LLC for Ginegar LLC. (Hyland, Jon) (Entered: 02/19/2021)Read MoreRead Less
Docket(#2) SUMMONS REQUEST as to Slack Techologies, Inc. re #1 Complaint, by Plaintiff Ginegar LLC. (Hyland, Jon) (Entered: 02/19/2021)Read MoreRead Less
Docket(#1) COMPLAINT against Slack Technologies, Inc. (Filing fee $ 402,Receipt Number 1082-7727059)Attorney Jon Bentley Hyland added to party Ginegar LLC(pty:pla), filed by Ginegar LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Hyland, Jon) (Entered: 02/19/2021)Read MoreRead Less
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