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This case was last updated from PACER on 06/04/2021 at 07:37:33 (UTC).

Hirshberg v. Pinterest, Inc.

Case Summary

On April 5, 2021, David Hirshberg (“Plaintiff” or “Hirshberg”), represented by Antonio Papageorgiou of Lombard & Geliebter LLP filed an intellectual property lawsuit against Pinterest, Inc. (“Defendant” or “Pinterest”), seeking declaratory and monetary relief, with prejudgment and post-judgment interest for the alleged infringement of U.S Patent No. 6,597,345 (’345 Patent). This case was filed in the U.S. District Court for the Southern District of New York with Judge Katherine Polk Failla presiding. 

In his complaint, Hirshberg alleged that “Upon information and belief, Pinterest provides software and services running on computers, mobile devices, and internet servers. The accused products are any Pinterest software and services providing a touchscreen user interface, including at least the software applications (apps) for Apple iPhone and iPad and Google Android mobile devices.” “Upon information and belief, Pinterest makes, uses, offers to sell, and/or sells within, and/or imports into the United States software applications and/or services that incorporate the fundamental technologies covered by at least claims 1, 2-4, 6, 8- 9, 12, 14, 18-21, 23, 25-26, 29 and 31. Upon information and belief, the infringing products include, but are not limited to, Pinterest applications for mobile telephones and tablets having touchscreens. By way of example, Pinterest provides applications for the iPhone, iPad, and Android mobile devices that infringe at least the claims of the ’345 Patent referenced above. Upon information and belief, Pinterest provides similar applications for other types of mobile phones, tablets, and laptop computers devices that are believed to infringe as well.” “Upon information and belief, Pinterest has more than 400 million monthly active users, more than 240 billion pin operation (i.e., saving pictures in local boards), and 85% of Pinterest’s users are using mobile applications.”

Hirshberg further alleged that “By incorporating the fundamental inventions covered by the ’345 Patent, Pinterest provided software applications improved with the claimed features that attract users to use the software application. Upon information and belief, Pinterest’s consumers, i.e., users, downloaded, use, and have used infringing Pinterest software applications in the United States, including in this District.” “Upon information and belief, Pinterest was aware of the ’345 Patent at least as early as Mar 14, 2018, when Plaintiff sent the first email to Pinterest with notice of the ’345 Patent. Plaintiff made numerous attempts to contact Pinterest by email and with a physical letter via registered post service, but Pinterest did not respond.” “In or about March 2019, Plaintiff approached Pinterest’s US attorney Joseph J. Zito for Pinterest to license the ’345 Patent. In or about March 2020, Pinterest declined to take a license to the ’345 Patent.”

 

In the only claim for relief laid down by the Plaintiff, it has been claimed that the Defendant has allegedly directly infringed, under 35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, the claims of the ’345 Patent and has allegedly been indirectly infringing, by way of inducement with specific intent under 35 U.S.C. § 271(b), the claims of the ’345 Patent.

In his prayer for relief, Hirshberg has requested the Court to declare that the defendant has infringed the ’345 Patent as alleged therein; order damages with prejudgment and post-judgment interest, and any royalties determined to be appropriate; award treble damages under 35 U.S.C. § 284; and attorney’s fees and costs in accordance with 35 U.S.C. § 285.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-02874

  • Filing Date:

    04/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Katherine Polk Failla

 

Party Details

Plaintiff

David Hirshberg

Defendant

Pinterest, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Antonio Papageorgiou

Attorney at Lombard & Geliebter LLP

230 Park Avenue, 4Th Floor West

New York, NY 10169

 

Court Documents

#10

(#10) NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 29, 2021, at 11:30 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 6/29/2021 at 11:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/22/2021) (nb) (Entered: 04/22/2021)

#9

(#9) ELECTRONIC SUMMONS ISSUED as to Pinterest, Inc...(dnh) (Entered: 04/08/2021)

#8

(#8) REQUEST FOR ISSUANCE OF SUMMONS as to Pinterest, Inc., re: #1 Complaint. Document filed by David Hirshberg..(Papageorgiou, Antonio) (Entered: 04/07/2021)

#7

(#7) AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(dnh) (Entered: 04/07/2021)

#6

(#6) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Papageorgiou, Antonio) (Entered: 04/06/2021)

#5

(#5) CIVIL COVER SHEET filed..(Papageorgiou, Antonio) (Entered: 04/06/2021)

#4

(#4) FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Pinterest, Inc., re: #3 Complaint. Document filed by David Hirshberg..(Papageorgiou, Antonio) Modified on 4/7/2021 (dnh). (Entered: 04/06/2021)

#3

(#3) FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against Pinterest, Inc.. Document filed by David Hirshberg..(Papageorgiou, Antonio) Modified on 4/6/2021 (jgo). (Entered: 04/05/2021)

#2

(#2) FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against Pinterest, Inc.. Document filed by David Hirshberg..(Papageorgiou, Antonio) Modified on 4/6/2021 (jgo). (Entered: 04/05/2021)

 

Docket Entries

  • 04/22/2021
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  • Docket(#10) NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 29, 2021, at 11:30 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 6/29/2021 at 11:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/22/2021) (nb) (Entered: 04/22/2021)

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  • 04/08/2021
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  • Docket(#9) ELECTRONIC SUMMONS ISSUED as to Pinterest, Inc...(dnh) (Entered: 04/08/2021)

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  • 04/07/2021
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  • Docket(#8) REQUEST FOR ISSUANCE OF SUMMONS as to Pinterest, Inc., re: #1 Complaint. Document filed by David Hirshberg..(Papageorgiou, Antonio) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Antonio Papageorgiou to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons must be linked to the corresponding pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#7) AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(dnh) (Entered: 04/07/2021)

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  • 04/06/2021
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  • Docket(#6) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Papageorgiou, Antonio) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket(#5) CIVIL COVER SHEET filed..(Papageorgiou, Antonio) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket(#4) FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to Pinterest, Inc., re: #3 Complaint. Document filed by David Hirshberg..(Papageorgiou, Antonio) Modified on 4/7/2021 (dnh). (Entered: 04/06/2021)

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  • 04/06/2021
  • Docket***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Antonio Papageorgiou to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (jgo) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Antonio Papageorgiou to RE-FILE Document No. #3 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 04/06/2021)

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  • 04/06/2021
  • DocketCase Eligible for Patent Pilot Program. (jgo) (Entered: 04/06/2021)

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  • 04/06/2021
  • DocketCase Designated ECF. (jgo) (Entered: 04/06/2021)

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  • 04/06/2021
  • DocketMagistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) (Entered: 04/06/2021)

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  • 04/06/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Antonio Papageorgiou to RE-FILE Document No. #2 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (jgo) (Entered: 04/06/2021)

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  • 04/05/2021
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  • Docket(#3) FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against Pinterest, Inc.. Document filed by David Hirshberg..(Papageorgiou, Antonio) Modified on 4/6/2021 (jgo). (Entered: 04/05/2021)

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  • 04/05/2021
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  • Docket(#2) FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against Pinterest, Inc.. Document filed by David Hirshberg..(Papageorgiou, Antonio) Modified on 4/6/2021 (jgo). (Entered: 04/05/2021)

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  • 04/05/2021
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  • Docket(#1) COMPLAINT against Pinterest, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24349820)Document filed by David Hirshberg. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Papageorgiou, Antonio) (Entered: 04/05/2021)

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