This case was last updated from U.S. District Courts on 01/18/2022 at 09:53:56 (UTC).

LBT IP II LLC v. Uber Technologies, Inc.

Case Summary

On November 19, 2021, LBT IP II LLC (“Plaintiff”), represented by Bruce J. Rose, Michael J Newton and Theodore Stevenson, III of Alston & Bird LLP, filed an intellectual property lawsuit against Uber Technologies, Inc. (“Uber” or “Defendant”), seeking damages, pre-judgement and post-judgement interests and other reliefs for the Defendant’s alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

This complaint arises from Defendant’s alleged unlawful infringement of the United States Patents owned by Plaintiff: United States Patent No. 7,728,724 (“the ’724 Patent”), United States Patent No. 7,598,855 (“the ’855 Patent”), United States Patent No. 8,531,289 (“the ’289 Patent”) and United States Patent No. 8,224,355 (“the ’355 Patent”) (collectively, “the Asserted Patents”).

 

In the complaint, the Plaintiff alleged that, “Plaintiff is the owner of all rights, title, and interest in the ’724 Patent and, at a minimum, all substantial rights in the ’724 Patent, including the exclusive right to enforce the patent and all rights to pursue damages, injunctive relief, and all other available remedies for past, current, and future infringement.”

 

The Plaintiff also alleged that, “On information and belief, Defendant, alone and/or jointly in conjunction with drivers, agents and/or parties under its control, has directly and/or indirectly infringed and continues to directly and/or indirectly infringe the ’724 Patent pursuant to 35 U.S.C. § 271(a), either literally or under the doctrine of equivalents, by using computerized methods for coordinating, controlling and providing ride-hailing and food delivery services that are covered by one or more claims of the ’724 Patent including Claim 13 of the ’724 Patent without license or authority.”

 

Further, the Plaintiff alleged that, “Defendant has induced, and continues to induce, the infringing acts of the drivers and riders by engaging in these activities and continuing to encourage and instruct the drivers and riders to use the accused Uber Platform and perform steps of the claimed methods with knowledge of the ’724 Patent by at least the time of this Complaint in this action, and with the actual intent to cause the acts which it knew or should have known would induce direct infringement and/or willful blindness of a high probability of infringement.”

 

Similar allegations of infringement have been made by the Plaintiff against the other Asserted Patents.

 

There are four claims for relief laid down by the Plaintiff, one for the alleged infringement of each of the Asserted Patents.

 

In their prayer for relief, the Plaintiff requested the Court to pass a judgment that Defendant has been and is infringing the ’724 Patent, the ’855 Patent, the ’289 Patent and the ’355 Patent pursuant to 35 U.S.C. §§ 271(a) and/or 271(b) along with an award for permanent injunctive relief and award for damages including all prejudgment and post-judgment interest. Furthermore, the Plaintiff requested the Court for a judgment of costs, including reasonable attorneys’ fees, pursuant to 35 U.S.C. § 285, prejudgment interest against Defendant and any further relief as the Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-01210

  • Filing Date:

    11/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

LBT IP II LLC

Defendant

Uber Technologies, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Michael J Newton

Attorney at Alston & Bird LLP

2200 Ross Avenuesuite 2300

Dallas, TX 75201

Theodore Stevenson, III

Attorney at Alston & Bird, LLP

2200 Ross Ave.Suite 2300

Dallas, TX 75201

Bruce J. Rose

Attorney at Alston & Bird LLP

101 S. Tryon Street, Suite 4000

Charlotte, NC 28280-4000

 

Court Documents

#10

(#10) NOTICE of Extension of Time to Answer or Otherwise Respond to Complaint (Corrected) by LBT IP II LLC re #1 Complaint, (Rose, Bruce) (Entered: 12/07/2021)

#9

(#9) DEFICIENCY NOTICE: re #8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, . Pursuant to STANDING ORDER GOVERNING PROCEEDINGS PATENT CASES dated 10/8/2021, a motion is not required for extension of time to respond to the complaint. This must be done in form of a Notice. (ir) (Entered: 12/07/2021)

8 #1

Proposed Order

#8

(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by LBT IP II LLC. (Attachments: #1 Proposed Order)(Rose, Bruce) (Entered: 12/07/2021)

#7

(#7) SUMMONS Returned Executed by LBT IP II LLC. Uber Technologies, Inc. served on 11/22/2021, answer due 12/13/2021. (Rose, Bruce) (Entered: 11/29/2021)

#6

(#6) Summons Issued as to Uber Technologies, Inc.. (lad) (Entered: 11/19/2021)

#5

(#5) RULE 7 DISCLOSURE STATEMENT filed by LBT IP II LLC identifying Corporate Parent LBT IP LLC for LBT IP II LLC. (Rose, Bruce) (Entered: 11/19/2021)

#4

(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Rose, Bruce) (Entered: 11/19/2021)

#3

(#3) NOTICE of Attorney Appearance by Bruce J. Rose on behalf of LBT IP II LLC (Rose, Bruce) (Entered: 11/19/2021)

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by LBT IP II LLC. (Rose, Bruce) (Entered: 11/19/2021)

1 #5

Civil Cover Sheet

1 #4

Exhibit D

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

#1

(#1) COMPLAINT for Patent Infringement and Demand for Jury Trial ( Filing fee $ 402 receipt number 0542-15460333), filed by LBT IP II LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Rose, Bruce) (Entered: 11/19/2021)

6 More Documents Available
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Docket Entries

  • 12/07/2021
  • DocketReset Deadlines: Uber Technologies, Inc. answer due 1/27/2022. (ir) (Entered: 12/08/2021)

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  • 12/07/2021
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  • Docket(#10) NOTICE of Extension of Time to Answer or Otherwise Respond to Complaint (Corrected) by LBT IP II LLC re #1 Complaint, (Rose, Bruce) (Entered: 12/07/2021)

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  • 12/07/2021
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  • Docket(#9) DEFICIENCY NOTICE: re #8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, . Pursuant to STANDING ORDER GOVERNING PROCEEDINGS PATENT CASES dated 10/8/2021, a motion is not required for extension of time to respond to the complaint. This must be done in form of a Notice. (ir) (Entered: 12/07/2021)

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  • 12/07/2021
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  • Docket(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by LBT IP II LLC. (Attachments: #1 Proposed Order)(Rose, Bruce) (Entered: 12/07/2021)

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  • 11/29/2021
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  • Docket(#7) SUMMONS Returned Executed by LBT IP II LLC. Uber Technologies, Inc. served on 11/22/2021, answer due 12/13/2021. (Rose, Bruce) (Entered: 11/29/2021)

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  • 11/19/2021
  • 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. (lad) (Entered: 11/19/2021)

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  • 11/19/2021
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  • Docket(#6) Summons Issued as to Uber Technologies, Inc.. (lad) (Entered: 11/19/2021)

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  • 11/19/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 11/19/2021)

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  • 11/19/2021
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  • Docket(#5) RULE 7 DISCLOSURE STATEMENT filed by LBT IP II LLC identifying Corporate Parent LBT IP LLC for LBT IP II LLC. (Rose, Bruce) (Entered: 11/19/2021)

    Read MoreRead Less
  • 11/19/2021
  • View Court Documents
  • Docket(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Rose, Bruce) (Entered: 11/19/2021)

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  • 11/19/2021
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  • Docket(#3) NOTICE of Attorney Appearance by Bruce J. Rose on behalf of LBT IP II LLC (Rose, Bruce) (Entered: 11/19/2021)

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  • 11/19/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by LBT IP II LLC. (Rose, Bruce) (Entered: 11/19/2021)

    Read MoreRead Less
  • 11/19/2021
  • View Court Documents
  • Docket(#1) COMPLAINT for Patent Infringement and Demand for Jury Trial ( Filing fee $ 402 receipt number 0542-15460333), filed by LBT IP II LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Rose, Bruce) (Entered: 11/19/2021)

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