This case was last updated from U.S. District Courts on 12/16/2021 at 08:07:48 (UTC).

Intellectual Ventures II LLC v. Hewlett Packard Enterprise Co.

Case Summary

On December 15, 2021, Intellectual Ventures II LLC (“Intellectual Ventures II” or “IV” or “Plaintiff”), represented by Derek T. Gilliland of Sorey & Gilliland, LLP, Jonathan DeBlois, Matthew D. Vella, and Robert R. Gilman of Prince Lobel Tye LLP, filed an intellectual property lawsuit against Hewlett Packard Enterprise Company (“HPE” or “Defendant”), seeking costs and damages along with pre- and post-judgment interest for the alleged infringement of United States Patent owned by Plaintiff. This case was filed in the U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

Plaintiff filed this complaint for the alleged infringement of U.S. Patent Nos. 7,822,841 (“the ’841 patent” or the “asserted patent”) owned by Plaintiff.

 

In the complaint Plaintiff alleged that, “HPE has directly infringed, and continues to directly infringe, literally and/or by the doctrine of equivalents, individually and/or jointly, at least claim 1 of the ’841 patent by making, using, testing, selling, offering for sale, and/or importing into the United States products and/or services covered by one or more claims of the ’841 patent. HPE’s products and/or services that infringe the ’841 patent include, but are not limited to, the HPE GreenLake for High Performance Computing (HPC), HPE GreenLake for Containers, GreenLake for Private Cloud, HPC Performance Cluster Manager, and related HPE Apollo and ProLiant Systems, as well as any other HPE products and/or services, either alone or in combination, that operate in substantially the same manner (together the “Accused ’841 Products” or “Accused Products”).”

 

Plaintiff further alleged that, “The Accused ’841 Products provide a computer system for hosting computing clusters for clients. As one non-limiting example, the Accused ’841 Products include the HPE HPC platform, including but not limited to HPE GreenLake for HPC, which includes a Performance Cluster Manager. The Accused ’841 Products further include a first cluster in a first configuration and a second cluster in a second configuration, each comprising a set of computing resources, including at least one hardware processor, wherein each of the first and second clusters is communicatively linked to the private communications network.”

 

Plaintiff also alleged that, “HPE has actively induced, and continues to actively induce, infringement of the ’841 patent by intending that others use, offer for sale, or sell in the United States, products and/or services covered by one or more claims of the ’841 patent, including but not limited to, the HPE GreenLake for High Performance Computing (HPC), HPE GreenLake for Containers, GreenLake for Private Cloud, HPC Performance Cluster Manager, and related HPE Apollo and ProLiant Systems, as well as any HPE product and/or service, alone or in combination, that operates in materially the same manner.”

 

There is only one claim for relief laid down by Plaintiff which deals with the alleged infringement of the asserted patent owned by Plaintiff.

 

In its prayer for relief Plaintiff has requested the court for a judgment that HPE has infringed one or more claims of the asserted patent, directly and/or indirectly, literally and/or under the doctrine of equivalents, and to award damages sufficient to compensate IV for HPE’s infringement along with pre- and post-judgement interest. Plaintiff also requested the court for such further relief as the court deems just and appropriate.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-01298

  • Filing Date:

    12/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Intellectual Ventures II LLC

Defendant

Hewlett Packard Enterprise Co.

Attorney/Law Firm Details

Plaintiff Attorneys

Jonathan DeBlois

Attorney at Prince Lobel Tye LLP

One International Place

Boston, MA 02110

Matthew D. Vella

Attorney at Prince Lobel Tye LLP

357 S. Coast Highway, Suite 200

Laguna Beach, CA 92651

Robert R. Gilman

Attorney at Prince Lobel Tye LLP

One International Place

Boston, MA 02110

Derek T. Gilliland

Attorney at Sorey & Gilliland, LLP

133 E. Tyler Street

Longview, TX 75601

 

Court Documents

#1

(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-15534991). No Summons requested at this time, filed by Intellectual Ventures II LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - '841 Patent)(Gilliland, Derek) (Entered: 12/15/2021)

1 #1

Civil Cover Sheet

1 #2

Exhibit A - '841 Patent

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Gilliland, Derek) (Main Document 2 replaced on 12/15/2021) (zv). (Entered: 12/15/2021)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS by Intellectual Ventures II LLC. (Gilliland, Derek) (Entered: 12/15/2021)

#4

(#4) Summons Issued as to Hewlett Packard Enterprise Co. (zv) (Entered: 12/15/2021)

#5

(#5) Pro Hac Vice Letter sent to Paul J. Hayes, Brian Seeve and Thomas Fulford. (zv) (Entered: 12/15/2021)

 

Docket Entries

  • 12/15/2021
  • View Court Documents
  • Docket(#5) Pro Hac Vice Letter sent to Paul J. Hayes, Brian Seeve and Thomas Fulford. (zv) (Entered: 12/15/2021)

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  • 12/15/2021
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  • Docket(#4) Summons Issued as to Hewlett Packard Enterprise Co. (zv) (Entered: 12/15/2021)

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  • 12/15/2021
  • 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. (zv) (Entered: 12/15/2021)

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  • 12/15/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (zv) (Entered: 12/15/2021)

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  • 12/15/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS by Intellectual Ventures II LLC. (Gilliland, Derek) (Entered: 12/15/2021)

    Read MoreRead Less
  • 12/15/2021
  • View Court Documents
  • 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. (Gilliland, Derek) (Main Document 2 replaced on 12/15/2021) (zv). (Entered: 12/15/2021)

    Read MoreRead Less
  • 12/15/2021
  • View Court Documents
  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-15534991). No Summons requested at this time, filed by Intellectual Ventures II LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - '841 Patent)(Gilliland, Derek) (Entered: 12/15/2021)

    Read MoreRead Less
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