This case was last updated from PACER on 09/10/2021 at 19:17:14 (UTC).

K.Mizra LLC v. AT&T Corp. et al

Case Summary

On June 30, 2021, K.Mizra LLC (“Plaintiff”), represented by Andrea Leigh Fair of Ward, Smith & Hill, PLLC, filed an intellectual property lawsuit against AT&T Corp., AT&T Communications LLC, AT&T Mobility, AT&T Mobility II LLC, and AT&T Services Inc. (collectively, “AT&T” or “Defendants”), seeking monetary damages, including pre and post-judgment interest and costs, for allegedly infringing the U.S. Patent No. 8,958,819 (“’819 patent”) titled “Femto-Assisted Location Estimation in Macro-Femto Heterogeneous Networks”, owned by the Plaintiff. This case was filed in U.S. District Court in the Eastern District of Texas with Judge Rodney Gilstrap presiding. 

 

In its complaint, the Plaintiff alleged that “On information and belief, AT&T owns, deploys, operates, maintains, tests, and uses the AT&T LTE and 5G Networks which include location servers that perform mobile location service and positioning functionality as a part of its wireless communication services. AT&T’s mobile location services infrastructure is instrumental in pinpointing a mobile user’s location for the provision of a myriad of location-based services (“LBS”) such as E911, location-based mobile applications, proximity-based marketing, roadside assistance, and the like. Both providers of these services and AT&T’s mobile customers critically rely on AT&T’s infrastructure for accurately locating mobile phones.”

 

The Plaintiff further alleged that “On information and belief, AT&T has infringed and continues to infringe, either literally or under the doctrine of equivalents, one or more claims, including at least claim 30 of the `819 Patent in violation of 35 U.S.C. §§ 271 et seq. by determining location information of mobile devices on its cellular network through the utilization of its location server equipment and software that operate in accordance with its mobile positioning algorithms including certain aspects of cellular industry standards promulgated by the 3rd Generation Partnership Project (3GPP) and Open Mobile Alliance (OMA). Those standards include, for example, 3GPP TS 23.271 Release 16 (“TS 23.271”); UserPlane Location Protocol, Approved Version 2.0.4, Open Mobile Alliance (“OMA SUPL Specification”); 3GPP TS 38.305 Release 15 (“TS 38.305”); 3GPP TS 36.305 Release 16 (“TS 36.305”); 3GPP TS 36.455 Release 16 (“TS 36.455”); 3GPP TS 37.355 Release 16 (“TS 37.355”); and 3GPP TS 23.071 Release 16 (“TS 23.071”).”

 

The only claim for relief laid down by the Plaintiff is for the alleged infringement of ’819 patent under 35 U.S.C. § 271, wherein the Plaintiff claimed that, AT&T had notice that it infringes at least claim 30 of the `819 Patent at least as of the service of this complaint. AT&T continues to infringe the `819 Patent based on the actions detailed above.

 

In its prayer for relief, the Plaintiff requested the Court to enter a judgment for K.Mizra on all causes of action asserted and against AT&T for monetary damages to compensate it including costs and pre and post-judgment interest as allowed by law and enter judgment against AT&T for accounting and/or supplemental damages for all damages occurring after any discovery cutoff and through the Court’s entry of final judgment and adjudge AT&T’s infringement of the Patent-in-Suit to be willful dated from the filing of this Complaint. Further, the Plaintiff requests the Court to find this case exceptional and grant costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00241

  • Filing Date:

    06/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Courthouse:

    Texas Eastern District

Judge Details

Presiding Judge

Rodney Gilstrap

 

Party Details

Plaintiff

K.Mizra LLC

Defendants

AT&T Services Inc.

AT&T Mobility

AT&T Communications LLC

AT&T Corp.

AT&T Mobility II LLC

Consolidated Defendants

T-Mobile US, Inc.

T-Mobile USA, Inc.

Sprint Corp.

Verizon Communications Inc.

Cellco Partnership d/b/a Verizon Wireless

Verizon Corporate Services Group Inc.

Verizon Online LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Cristofer Ivan Leffler

Attorney at Folio Law Group, PLLC

14512 Edgewater Ln Ne

Lake Forest Park, WA 98155

Claire Abernathy Henry

Attorney at Ward, Smith & Hill, PLLC

1507 Bill Owens Parkway

Longview, TX 75604

Cliff Win, Jr.

Attorney at Folio Law Group, PLLC

14512 Edgewater Ln Ne

Lake Forest Park, WA 98155

Joseph Michael Abraham

Attorney at Law Office of Joseph M. Abraham, PLLC

13492 Research Blvd., Ste 120, No. 177

Austin, TX 78750

Steven Thomas Skelley

Attorney at Folio Law Group, PLLC

14512 Edgewater Ln Ne

Lake Forest Park, WA 98155

Andrea Leigh Fair

Attorney at Ward, Smith & Hill, PLLC

1507 Bill Owens Parkway

Longview, TX 75604

Defendant Attorney

Henry Leon (Lon) Outland, III

Attorney at AT&T Services Inc - Dallas

208 S. Akard Street

Whitacre Tower, SUIT 3104

Consolidated Defendant Attorneys

David E Finkelson

Attorney at McGuireWoods LLP - Richmond

800 East Canal Street

Richmond, VA 23219-1129

Justin R Lowery

Attorney at McGuire Woods LLP - Richmond

800 East Canal Street

Richmond, VA 23219

Melissa Richards Smith

Attorney at Gillam & Smith, LLP

303 South Washington Avenue

Marshall, TX 75670

Michael E Jones

Attorney at Potter Minton, a Professional Corporation

110 North College Avenue, Suite 500

Tyler, TX 75702

 

Court Documents

#20

(#20) NOTICE of Change of Address by Claire Abernathy Henry (Henry, Claire) (Entered: 09/08/2021)

#19

(#19) ORDER - Scheduling Conference set for 9/29/2021 02:00 PM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 8/26/2021. (ch, ) (Entered: 08/27/2021)

#18

(#18) NOTICE of Attorney Appearance by Justin R Lowery on behalf of Sprint Corp., T-Mobile US, Inc., T-Mobile USA, Inc. (Lowery, Justin) (Entered: 08/25/2021)

#17

(#17) CONSOLIDATION ORDER - The above-captioned case is hereby ORDERED to be CONSOLIDATED for all pretrial issues with the LEAD CASE, Case No. 2:21-cv-00241. All parties are instructed to file any future filings in the LEAD CASE. Signed by District Judge Rodney Gilstrap on 8/24/2021. (ch, ) (Entered: 08/25/2021)

#16

(#16) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re AT&T Communications LLC, AT&T Corp., AT&T Mobility, AT&T Mobility II LLC, AT&T Services Inc..(Outland, Henry) (Entered: 08/12/2021)

#15

(#15) SUMMONS Returned Executed by K.Mizra LLC. AT&T Mobility II LLC served on 7/30/2021, answer due 8/20/2021. (Fair, Andrea) (Entered: 07/30/2021)

#14

(#14) SUMMONS Returned Executed by K.Mizra LLC. AT&T Communications LLC served on 7/27/2021, answer due 8/17/2021. (Fair, Andrea) (Entered: 07/30/2021)

#13

(#13) SUMMONS Returned Executed by K.Mizra LLC. AT&T Services Inc. served on 7/27/2021, answer due 8/17/2021. (Fair, Andrea) (Entered: 07/30/2021)

#12

(#12) SUMMONS Returned Executed by K.Mizra LLC. AT&T Corp. served on 7/27/2021, answer due 8/17/2021. (Fair, Andrea) (Entered: 07/30/2021)

#7

(#7) NOTICE of Attorney Appearance by Claire Abernathy Henry on behalf of K.Mizra LLC (Henry, Claire) (Entered: 07/01/2021)

#6

(#6) NOTICE of Attorney Appearance by Cristofer Ivan Leffler on behalf of K.Mizra LLC (Leffler, Cristofer) (Entered: 07/01/2021)

#5

(#5) NOTICE of Attorney Appearance by Joseph Michael Abraham on behalf of K.Mizra LLC (Abraham, Joseph) (Entered: 07/01/2021)

#4

(#4) CORPORATE DISCLOSURE STATEMENT filed by K.Mizra LLC (Fair, Andrea) (Entered: 06/30/2021)

#3

(#3) DEMAND for Trial by Jury by K.Mizra LLC. (Fair, Andrea) (Entered: 06/30/2021)

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Fair, Andrea) (Entered: 06/30/2021)

1 #2

Civil Cover Sheet

1 #1

Exhibit A-US Patent No. 8,958,819

#1

(#1) COMPLAINT against AT&T Communications LLC, AT&T Corp., AT&T Mobility, AT&T Mobility II LLC, AT&T Services Inc. ( Filing fee $ 402 receipt number 0540-8477653.), filed by K.Mizra LLC. (Attachments: #1 Exhibit A-US Patent No. 8,958,819, #2 Civil Cover Sheet)(Fair, Andrea) (Entered: 06/30/2021)

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Docket Entries

  • 09/08/2021
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  • Docket(#20) NOTICE of Change of Address by Claire Abernathy Henry (Henry, Claire) (Entered: 09/08/2021)

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  • 08/26/2021
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  • Docket(#19) ORDER - Scheduling Conference set for 9/29/2021 02:00 PM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 8/26/2021. (ch, ) (Entered: 08/27/2021)

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  • 08/25/2021
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  • Docket(#18) NOTICE of Attorney Appearance by Justin R Lowery on behalf of Sprint Corp., T-Mobile US, Inc., T-Mobile USA, Inc. (Lowery, Justin) (Entered: 08/25/2021)

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  • 08/24/2021
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  • Docket(#17) CONSOLIDATION ORDER - The above-captioned case is hereby ORDERED to be CONSOLIDATED for all pretrial issues with the LEAD CASE, Case No. 2:21-cv-00241. All parties are instructed to file any future filings in the LEAD CASE. Signed by District Judge Rodney Gilstrap on 8/24/2021. (ch, ) (Entered: 08/25/2021)

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  • 08/12/2021
  • DocketDefendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for AT&T Services Inc. to 9/16/2021; AT&T Mobility to 9/16/2021; AT&T Communications LLC to 9/16/2021; AT&T Corp. to 9/16/2021; AT&T Mobility II LLC to 9/16/2021. 30 Days Granted for Deadline Extension.( nkl, ) (Entered: 08/12/2021)

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  • 08/12/2021
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  • Docket(#16) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re AT&T Communications LLC, AT&T Corp., AT&T Mobility, AT&T Mobility II LLC, AT&T Services Inc..(Outland, Henry) (Entered: 08/12/2021)

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  • 07/30/2021
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  • Docket(#15) SUMMONS Returned Executed by K.Mizra LLC. AT&T Mobility II LLC served on 7/30/2021, answer due 8/20/2021. (Fair, Andrea) (Entered: 07/30/2021)

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  • 07/30/2021
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  • Docket(#14) SUMMONS Returned Executed by K.Mizra LLC. AT&T Communications LLC served on 7/27/2021, answer due 8/17/2021. (Fair, Andrea) (Entered: 07/30/2021)

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  • 07/30/2021
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  • Docket(#13) SUMMONS Returned Executed by K.Mizra LLC. AT&T Services Inc. served on 7/27/2021, answer due 8/17/2021. (Fair, Andrea) (Entered: 07/30/2021)

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  • 07/30/2021
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  • Docket(#12) SUMMONS Returned Executed by K.Mizra LLC. AT&T Corp. served on 7/27/2021, answer due 8/17/2021. (Fair, Andrea) (Entered: 07/30/2021)

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3 More Docket Entries
  • 07/01/2021
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  • Docket(#8) SUMMONS Issued as to AT&T Communications LLC, AT&T Corp., AT&T Mobility, AT&T Mobility II LLC, AT&T Services Inc.. (Attachments: #1 Summons(es), #2 Summons(es), #3 Summons(es), #4 Summons(es))(ch, ) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#7) NOTICE of Attorney Appearance by Claire Abernathy Henry on behalf of K.Mizra LLC (Henry, Claire) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#6) NOTICE of Attorney Appearance by Cristofer Ivan Leffler on behalf of K.Mizra LLC (Leffler, Cristofer) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#5) NOTICE of Attorney Appearance by Joseph Michael Abraham on behalf of K.Mizra LLC (Abraham, Joseph) (Entered: 07/01/2021)

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  • 06/30/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 06/30/2021)

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  • 06/30/2021
  • DocketCase assigned to District Judge Rodney Gilstrap. (ch, ) (Entered: 06/30/2021)

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  • 06/30/2021
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  • Docket(#4) CORPORATE DISCLOSURE STATEMENT filed by K.Mizra LLC (Fair, Andrea) (Entered: 06/30/2021)

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  • 06/30/2021
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  • Docket(#3) DEMAND for Trial by Jury by K.Mizra LLC. (Fair, Andrea) (Entered: 06/30/2021)

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  • 06/30/2021
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Fair, Andrea) (Entered: 06/30/2021)

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  • 06/30/2021
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  • Docket(#1) COMPLAINT against AT&T Communications LLC, AT&T Corp., AT&T Mobility, AT&T Mobility II LLC, AT&T Services Inc. ( Filing fee $ 402 receipt number 0540-8477653.), filed by K.Mizra LLC. (Attachments: #1 Exhibit A-US Patent No. 8,958,819, #2 Civil Cover Sheet)(Fair, Andrea) (Entered: 06/30/2021)

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