This case was last updated from PACER on 05/28/2021 at 10:02:23 (UTC).

Harmony Licensing LLC v. Zebra Technologies Corporation

Case Summary

On March 29, 2021, Harmony Licensing LLC (“Plaintiff” or “Harmony”) represented by Andrew Scott Curfman filed an intellectual property lawsuit against Zebra Technologies Corporation (hereinafter “Defendant”), seeking injunctive relief and damages among other reliefs for alleged infringement of “Multiple-Input Multiple-Output (Mimo) Spread Spectrum System and Method by the Defendant. This case was filed in U.S. District Court in the Southern District of Ohio with Judge Matthew W. McFarland and Judge Timothy S. Black presiding.

 

The Plaintiff alleged that the Defendants have infringed one or more claims under United States Patent Number RE42,219 entitled “Multiple-Input Multiple-Output (Mimo) Spread Spectrum System and Method” (“the ‘219 Patent” or the “Patent-in-Suit”) owned by Plaintiff. 

 

Plaintiff in its complaint alleged that “Defendant offers products, such as Zebra’s TC55 Touch Computer (the “Accused Product”)1 that, at least in internal testing and usages, practices a multiple-input-multiple-output (MIMO) method. The Accused Product processes demultiplexed multiple data streams with multiple spreading codes, respectively; and thereby distributes each signal across the available bandwidth. The Accused Product generates multiple spread-spectrum subchannel signals corresponding to multiple data streams. The Accused Product receives signals irradiated through multiple antennas corresponding to data which has been processed with one or more codes (spreading codes) that distribute and increase the bandwidth of the data across the available bandwidth.” and that “The elements described in the preceding paragraphs are covered by at least Claim 1 of the ‘219 Patent. Thus, Defendant’s use of the Accused Product is enabled by the method described in the ‘219 Patent.”

 

Plaintiff further alleged that “Defendant has directly infringed and continues to directly infringe at least one claim of the ‘219 Patent by using, at least through internal testing or otherwise, the Accused Product without authority in the United States, Defendant has induced others to infringe the ‘219 Patent, by encouraging infringement, knowing that the acts Defendant induced constituted patent infringement, and its encouraging acts actually resulted in direct patent infringement.Defendant has committed these acts of infringement without license or authorization. By engaging in the conduct described herein, Defendant has injured Plaintiff and is thus liable for infringement of the ‘219 Patent, pursuant to 35 U.S.C. § 271.”

 

The only claim for relief laid down by the Plaintiff is for the alleged infringement of one or more claims of the ‘219 Patent.

 

In the prayer for relief, Plaintiff has requested the court to adjudge that Defendant has directly infringed the ‘219 Patent either literally or under the doctrine of equivalents, order an accounting of all infringing sales and damages, enjoin the Defendant from infringement of the ‘219 Patent. Plaintiff has further requested the court to award damages pursuant to 35 U.S.C. §284, sufficient to compensate Plaintiff for the Defendant’s past infringement including pre-judgment and post-judgment interest and enhanced damages along with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00210

  • Filing Date:

    03/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judges

Matthew W. McFarland

Timothy S. Black

 

Party Details

Plaintiff

Harmony Licensing LLC

Defendant

Zebra Technologies Corporation

Attorney/Law Firm Details

Plaintiff Attorney

Andrew Scott Curfman

4940 Munson Street Nw, Suite 1100

Canton, OH 44718

 

Court Documents

#1

1 #1

Exhibit A-USRE42219

1 #2

Exhibit B-Claim Chart

1 #3

Civil Cover Sheet

1 #4

Summons Form

#2

#3

#6

#7

#8

 

Docket Entries

  • 05/13/2021
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  • Docket(#8) Summons Returned Unexecuted as to Zebra Technologies Corporation. (kh) (Entered: 05/13/2021)

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  • 04/09/2021
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  • Docket(#7) CERTIFICATE of Mailing by Clerk: A copy of the complaint and issued summons was sent to the named defendant via certified mail. (er) (Entered: 04/09/2021)

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  • 04/02/2021
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  • Docket(#6) RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:21-cv-209 ARE related. Case reassigned to Judge Timothy S. Black for all further proceedings. Signed by Judge Matthew W. McFarland on 04/02/2021. (bjc) (Entered: 04/02/2021)

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  • 03/30/2021
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  • Docket(#3) Summons Issued as to Zebra Technologies Corporation. (bjc) (Entered: 03/30/2021)

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  • 03/30/2021
  • DocketIf this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (bjc) (Entered: 03/30/2021)

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  • 03/29/2021
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  • Docket(#2) Corporate Disclosure Statement by Plaintiff Harmony Licensing LLC. (Curfman, Andrew) (Entered: 03/29/2021)

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  • 03/29/2021
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  • Docket(#1) COMPLAINT with JURY DEMAND filing fee paid $402 - receipt number AOHSDC-8240535 against Zebra Technologies Corporation, filed by Harmony Licensing LLC. (Attachments: #1 Exhibit A-USRE42219, #2 Exhibit B-Claim Chart, #3 Civil Cover Sheet, #4 Summons Form) (Curfman, Andrew) (Entered: 03/29/2021)

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