This case was last updated from PACER on 09/04/2021 at 09:38:17 (UTC).

K.Mizra LLC v. General Motors LLC

Case Summary

On July 6, 2021, K.Mizra LLC (“Plaintiff” or “K.Mizra”) represented by Michael Charles Smith of Siebman Burg Phillips & Smith, LLP-Marshall, filed an intellectual property lawsuit against General Motors LLC ("GM" or "Defendant"), seeking accounting of damages along with compensatory damages among other reliefs for the alleged infringement of patented technology relating to Internet Protocol Based 911 System owned by Plaintiff. This case was filed in the U.S. District Court in the Eastern District of Texas.

 

The Plaintiff filed this complaint for the alleged infringement of U.S. Patent No. 7,394,423 entitled “Internet Protocol Based 911 System” (“the ‘423 Patent”) (the “Patent-in-Suit”) owned by the Plaintiff. 

 

In the complaint, the Plaintiff alleged that, “Defendant has infringed and is infringing, either literally or under the doctrine of equivalents, at least Claim 17 of the ‘423 Patent in violation of 35 U.S.C. § 271 et seq. directly and/or indirectly, by making, using, offering for sale, and/or selling in the United States, and/or importing into the United States without authority or license, the Accused Products.”

 

The Plaintiff also alleged that, “Plaintiff has been damaged by Defendant's infringement of the ‘423 Patent. Defendant is liable to Plaintiff in an amount that adequately compensates it for Defendant's infringement in an amount that is not less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.”

 

Further, the Plaintiff alleged that, “Defendant has had notice of the ‘423 Patent through at least the filing of this Complaint and as such, Defendant's continued infringing conduct has been willful, thereby warranting this as an exceptional case under 35 U.S.C. § 285.”

 

There is only one claim for relief laid down by the Plaintiff, wherein the Plaintiff has alleged the Infringement of the '423 Patent. 

 

In its prayer for relief, the Plaintiff has requested the Court to pass a judgment that Defendant has infringed one or more claim for the ‘423 Patent and to order an accounting of damages, pass an award for damages, sufficient to compensate Plaintiff for Defendant's infringement of the '423 Patent, but in no event less than a reasonable royalty, together with interest and costs, including an award of all increased damages to which K.Mizra is entitled under 35 U.S.C. § 284 and such other and further relief as the Court deems just and proper. 

 

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Case Details Parties Dockets

 

Case Details

  • Case Number:

    2:21-CV-00244

  • Filing Date:

    07/06/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Rodney Gilstrap

 

Party Details

Plaintiff

K.Mizra LLC

Defendant

General Motors LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Michael Charles Smith

Attorney at Scheef & Stone, LLP - Marshall

P O Box 1556

Marshall, TX 75671-1556

Brian S Boerman

Attorney at Sheridan Ross PC

1560 Broadway, Suite 1200

Denver, CO 80202-1541

Patricia Y Ho

Attorney at Sheridan Ross PC

1560 Broadway, Suite 1200

Denver, CO 80202-1541

Scott R Bialecki

Attorney at Sheridan Ross PC

1560 Broadway, Suite 1200

Denver, CO 80202-1541

Defendant Attorneys

Victoria Fishman Maroulis

Attorney at Quinn Emanuel Urquhart & Sullivan LLP - Redwood

555 Twin Dolphin Drive, 5Th Floor

Redwood Shores, CA 94065

Gregory Blake Thompson

Attorney at Mann Tindel & Thompson

201 E. Howard Street

Henderson, TX 75654

James Mark Mann

Attorney at Mann Tindel & Thompson

201 E. Howard Street

Henderson, TX 75654

Marissa Rachel Ducca

Attorney at Quinn, Emanuel, Urquhart & Sullivan LLP - Washington

1300 I Street Nw, Suite 900

Washington, DC 20005

 

Docket Entries

  • 08/30/2021
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  • Docket(#16) NOTICE of Attorney Appearance by Marissa Rachel Ducca on behalf of General Motors LLC (Ducca, Marissa) (Entered: 08/30/2021)

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  • 08/30/2021
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  • Docket(#15) NOTICE of Attorney Appearance by Victoria Fishman Maroulis on behalf of General Motors LLC (Maroulis, Victoria) (Entered: 08/30/2021)

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  • 08/26/2021
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  • Docket(#14) 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. (nkl, ) (Entered: 08/27/2021)

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  • 08/23/2021
  • DocketDefendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for General Motors LLC to 9/13/2021. 15 Days Granted for Deadline Extension.( ch, ) (Entered: 08/23/2021)

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  • 08/23/2021
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  • Docket(#13) Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re General Motors LLC.( Thompson, Gregory) (Entered: 08/23/2021)

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  • 08/05/2021
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  • Docket(#12) Unopposed MOTION to Appoint Counsel - Patricia Y. Ho Lead Counsel by K.Mizra LLC. (Attachments: #1 Text of Proposed Order)(Ho, Patricia) (Entered: 08/05/2021)

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  • 07/21/2021
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  • Docket(#11) NOTICE of Attorney Appearance by Brian S Boerman on behalf of K.Mizra LLC (Boerman, Brian) (Entered: 07/21/2021)

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  • 07/13/2021
  • DocketDefendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for General Motors LLC to 8/29/2021. 30 Days Granted for Deadline Extension.( nkl, ) (Entered: 07/13/2021)

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  • 07/13/2021
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  • Docket(#10) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re General Motors LLC.( Thompson, Gregory) (Entered: 07/13/2021)

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  • 07/13/2021
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  • Docket(#9) NOTICE of Attorney Appearance by Gregory Blake Thompson on behalf of General Motors LLC (Thompson, Gregory) (Entered: 07/13/2021)

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  • 07/13/2021
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  • Docket(#8) NOTICE of Attorney Appearance by James Mark Mann on behalf of General Motors LLC (Mann, James) (Entered: 07/13/2021)

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  • 07/13/2021
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  • Docket(#7) SUMMONS Returned Executed by K.Mizra LLC. General Motors LLC served on 7/9/2021, answer due 7/30/2021. (Smith, Michael) (Entered: 07/13/2021)

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  • 07/12/2021
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  • Docket(#6) NOTICE of Attorney Appearance - Pro Hac Vice by Scott R Bialecki on behalf of K.Mizra LLC. Filing fee $ 100, receipt number 0540-8489729. (Bialecki, Scott) (Entered: 07/12/2021)

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  • 07/08/2021
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  • Docket(#5) NOTICE of Attorney Appearance by Patricia Y Ho on behalf of K.Mizra LLC (Ho, Patricia) (Entered: 07/08/2021)

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  • 07/07/2021
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  • Docket(#4) SUMMONS Issued as to General Motors LLC c/o Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company. (nkl, ) (Entered: 07/07/2021)

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  • 07/07/2021
  • 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. (nkl, ) (Entered: 07/07/2021)

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  • 07/07/2021
  • DocketCase Assigned to District Judge Rodney Gilstrap. (nkl, ) (Entered: 07/07/2021)

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  • 07/06/2021
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  • Docket(#3) CORPORATE DISCLOSURE STATEMENT filed by K.Mizra LLC (Smith, Michael) (Entered: 07/06/2021)

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  • 07/06/2021
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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. (Smith, Michael) (Entered: 07/06/2021)

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  • 07/06/2021
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  • Docket(#1) COMPLAINT against General Motors LLC, filed by K.Mizra LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(nkl, ) (Entered: 07/06/2021)

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