This case was last updated from U.S. District Courts on 10/04/2022 at 12:06:51 (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

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

Intervenor Defendant

Ericsson Inc.

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

Not Classified By Court

David Keyzer

El Dorado Hills, CA 95762

Attorney/Law Firm Details

Plaintiff Attorneys

Cliff Win, Jr.

Attorney at Folio Law Group, PLLC - Seattle

1200 Westlake Ave. N., Suite 809

Seattle, WA 98109

Joseph Michael Abraham

Attorney at Folio Law Group, PLLC - Austin

13492 Research Blvd. Ste 120, No. 177

Austin, TX 78750

Steven Thomas Skelley

Attorney at Folio Law Group, PLLC - Seattle

1200 Westlake Ave. N., Suite 809

Seattle, WA 98109

Andrea Leigh Fair

Attorney at Ward, Smith & Hill, PLLC

1507 Bill Owens Parkway

Longview, TX 75604

Cristofer Ivan Leffler

Attorney at Folio Law Group, PLLC - Seattle

1200 Westlake Ave. N., Suite 809

Seattle, WA 98109

Claire Abernathy Henry

Attorney at Ward, Smith & Hill, PLLC

1507 Bill Owens Parkway

Longview, TX 75604

Defendant and Intervenor Defendant Attorneys

Chad Justin Ray

Attorney at Carrington Coleman Sloman & Blumenthal LLP - Dallas

901 Main Street, Suite 5500

Dallas, TX 75202-3767

Deron R Dacus

Attorney at The Dacus Firm, PC

821 Ese Loop 323, Suite 430

Tyler, TX 75701

Henry Leon (Lon) Outland, III

Attorney at AT&T Services Inc - Dallas

208 S. Akard Street

Jacob K Baron

Attorney at Holland & Knight LLP - Boston

10 St James Avenue, 11Th Floor

Boston, MA 02116

Jacob W. S. Schneider

Attorney at Holland & Knight LLP - Boston

10 St James Avenue, 11Th Floor

Boston, MA 02116

Mark Christopher Howland

Attorney at Carrington Coleman Sloman & Blumenthal LLP - Dallas

901 Main Street, Suite 5500

Dallas, TX 75202-3767

Shannon Marie Dacus

Attorney at The Dacus Firm, PC

821 Ese Loop 323, Suite 430

Tyler, TX 75701

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

Earl Glenn Thames, Jr

Attorney at Potter Minton, a Professional Corporation

110 North College Avenue, Suite 500

Tyler, TX 75702

Michael E Jones

Attorney at Potter Minton, a Professional Corporation

110 North College Avenue, Suite 500

Tyler, TX 75702

Charles J Monterio, Jr.

600 Massachusetts Ave, Nw

Washington, DC 20001

Frank C Cimino, Jr

Attorney at Venable LLP

575 7Th Street, Nw

Washington, DC 20004

7 More Attorneys Available

 

Court Documents

#88

(#88) ORDER granting #85 Motion to Stay Pending Inter Partes Review. Signed by District Judge Rodney Gilstrap on 5/12/2022. (nkl, ) (Entered: 05/12/2022)

#87

(#87) ORDER to Pay Technical Advisor. Signed by District Judge Rodney Gilstrap on 5/11/2022. (nkl, ) (Entered: 05/12/2022)

86 #1

Exhibit A

86 #86

Main Document

85 #1

Text of Proposed Order

85 #85

Main Document

84 #1

Exhibit B

84 #84

Main Document

#83

(#83) ORDER - Court hereby appoints Mr. David Keyzer as the Courts technical advisor. Signed by District Judge Rodney Gilstrap on 4/25/2022. (ch, ) (Entered: 04/26/2022)

#7

#6

#5

#4

#3

#2

1 #2

Civil Cover Sheet

1 #1

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

#1

102 More Documents Available
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Docket Entries

  • 05/12/2022
  • View Court Documents
  • Docket(#88) ORDER granting #85 Motion to Stay Pending Inter Partes Review. Signed by District Judge Rodney Gilstrap on 5/12/2022. (nkl, ) (Entered: 05/12/2022)

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  • 05/12/2022
  • View Court Documents
  • Docket(#87) ORDER to Pay Technical Advisor. Signed by District Judge Rodney Gilstrap on 5/11/2022. (nkl, ) (Entered: 05/12/2022)

    Read MoreRead Less
  • 05/04/2022
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  • Docket(#86) Joint Claim Construction Chart by K.Mizra LLC. (Attachments: #1 Exhibit A)(Leffler, Cristofer) (Entered: 05/04/2022)

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  • 05/04/2022
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  • Docket(#85) Joint MOTION to Stay Pending Inter Partes Review by K.Mizra LLC. (Attachments: #1 Text of Proposed Order)(Leffler, Cristofer) (Entered: 05/04/2022)

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  • 05/02/2022
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  • Docket(#84) REPLY CLAIM CONSTRUCTION BRIEF filed by K.Mizra LLC. (Attachments: #1 Exhibit B)(Leffler, Cristofer) (Entered: 05/02/2022)

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  • 04/25/2022
  • View Court Documents
  • Docket(#83) ORDER - Court hereby appoints Mr. David Keyzer as the Courts technical advisor. Signed by District Judge Rodney Gilstrap on 4/25/2022. (ch, ) (Entered: 04/26/2022)

    Read MoreRead Less
  • 04/25/2022
  • View Court Documents
  • Docket(#82) DEFENDANTS' RESPONSIVE CLAIM CONSTRUCTION BRIEF filed by AT&T Communications LLC, AT&T Corp., AT&T Mobility, AT&T Mobility II LLC, AT&T Services Inc., Cellco Partnership d/b/a Verizon Wireless, Ericsson Inc., Sprint Corp., T-Mobile US, Inc., T-Mobile USA, Inc., Verizon Communications Inc., Verizon Corporate Services Group Inc., Verizon Online LLC. (Attachments: #1 Exhibit 1 Defts' Tech Tutorial, #2 Exhibit 2 61/735,875 Provisional app, #3 Exhibit 3 Article by Arulampalam, #4 Exhibit 4 Prosecution history, #5 Exhibit 5 Declaration of Djuric, #6 Exhibit 6 Petition for IPR of 819 patent, #7 Exhibit 7 Ex 1009 Declaration of Bambos)(Baron, Jacob) (Entered: 04/25/2022)

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  • 04/12/2022
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  • Docket(#81) NOTICE of Attorney Appearance by Shaun William Hassett on behalf of Cellco Partnership d/b/a Verizon Wireless, Verizon Corporate Services Group Inc., Verizon Online LLC (Hassett, Shaun) (Entered: 04/12/2022)

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  • 04/06/2022
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  • Docket(#80) NOTICE by K.Mizra LLC of Lodging of Technology Tutorial (Attachments: #1 Exhibit A)(Leffler, Cristofer) (Entered: 04/06/2022)

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  • 04/06/2022
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  • Docket(#79) OPENING CLAIM CONSTRUCTION BRIEF filed by K.Mizra LLC. (Attachments: #1 Exhibit A)(Leffler, Cristofer) (Entered: 04/06/2022)

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78 More Docket Entries
  • 07/01/2021
  • View Court Documents
  • 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
  • View Court Documents
  • 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
  • View Court Documents
  • 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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