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This case was last updated from PACER on 05/16/2021 at 09:36:29 (UTC).

LedComm LLC v. Walmart Inc. et al

Case Summary

On March 17, 2021, LedComm LLC (“LedComm” or “Plaintiff”) represented by Raymond William Mort, III of The Mort Law Firm, PLLC filed an intellectual property lawsuit against Walmart Inc. & Wal-Mart Stores Texas LLC (collectively, “Walmart” or “Defendants”), seeking damages and costs of litigation among other reliefs for allegedly infringing proprietary technologies in a number of its commercial products owned by Plaintiff . This case was filed in U.S. District Court for the Eastern District of Texas with Judge R. Gilstrap and Judge Roy S. Payne presiding.

LedComm is the legal owner by assignment of all rights, title and interest in numerous United States and foreign patents and applications including United States Patent Nos. 6,803,606, 6,982,522, 7,012,277, 7,154,125, 7,161,190, 7,301,176, 7,490,959, and 8,441,022 (collectively, the “Patents-in-Suit”). The Plaintiffs have provided a description of all the Patents-in-Suit in their submissions including but not limited to the deficiencies addressed and functions performed by the products.

In the complaint, LedComm has alleged that “Walmart infringes the Patents-in-Suit by at least selling, without authorization LedComm’s proprietary technologies in a number of its commercial products including (but not limited to), inter alia, Great Value and Hyper Tough products (e.g., Great Value 9W A19 Grow Light, Great Value 16W 3-Way LED Automatic Night Light, Great Value Flame Bulb etc., among other substantially similar products) (collectively “Accused Products”).”

LedComm has further alleged in respect of Patents-in-Suits that “Defendants have been and/or currently are intentionally causing, urging, and/or encouraging customers to directly infringe one or more claims of the Patent while being on notice of (or wilfully blind to) the  Patent. For instance, Defendants have supplied and continue to supply the Accused Products to customers (e.g., end users and/or distributors of the Great Value 20W Equivalent T3 Lamp and/or the Great Value A19 75W Equivalent daylight Bulb) while knowing that use of these products in their intended manner will directly infringe one or more claims of the Patent.”

Plaintiff even further alleged that “the Defendants have been  offering the Accused Products for sale, selling, and/or importing one or more components that contribute to the direct infringement of the Patent by customers of the Accused Products. In particular, Defendants have had actual knowledge of the Patent or were wilfully blind to its existence since at least as early as the filing and/or service of this Complaint. “

The eight claims for relief laid down by the Plaintiff are for the infringement of one or more claims of  the ‘606 Patent, the ‘522 Patent, the ‘277 Patent, the ‘125 Patent, the ‘190 Patent, the ‘176 Patent, the ‘959 Patent, and the ‘022 Patent. 

In its prayer for relief, LedComm has requested the Court to adjudge that the Defendants have infringed at least one or more Patents-in-Suit literally and/or under the Doctrine of Equivalents, and thus, the Court may award damages sufficient to compensate LedComm for Defendant’s infringement under 35 U.S.C. § 284, including an enhancement of damages without limitation, a reasonable royalty on account of Defendants’ wilful infringement. It has further requested that the case be found exceptional under 35 U.S.C. § 285 and therefore LedComm be awarded its reasonable attorneys’ fees along with cost & expenses of the action, pre-judgment and post-judgment interest and such other relief as the Court may deem just & proper. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00091

  • Filing Date:

    03/17/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Eastern District

Judge Details

Presiding Judge

Rodney Gilstrap

Referral Judge

Roy S. Payne

 

Party Details

Plaintiff

LedComm LLC

Defendants

Walmart Inc.

Wal-Mart Stores Texas, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Raymond William Mort, III

Attorney at The Mort Law Firm, PLLC - Austin

100 Congress Ave, Suite 2200

Austin, TX 78701

Jae Y. Pak

Attorney at LEE SULLIVAN SHEA & SMITH LLP

656 West Randolph Street, Floor 5W

Chicago, IL 60661

David R Grosby

Attorney at LEE SULLIVAN SHEA & SMITH LLP

656 West Randolph Street, Floor 5W

Chicago, IL 60661

Defendant Attorneys

Brandy Shannell Nolan

Attorney at Norton Rose Fulbright US LLP - Dallas

2200 Ross Avenue, Suite 3600

Dallas, TX 75201-7932

Brett Christopher Govett

Attorney at Norton Rose Fulbright US LLP

2200 Ross Avenue, Suite 3600

Dallas, TX 75201

Arthur P Licygiewicz

Attorney at Norton Rose Fulbright US LLP - Dallas

2200 Ross Avenue, Suite 3600

Dallas, TX 75201-7932

 

Court Documents

#13

(#13) CORPORATE DISCLOSURE STATEMENT filed by Wal-Mart Stores Texas, LLC, Walmart Inc. (Licygiewicz, Arthur) (Entered: 05/14/2021)

#12

(#12) Affirmative Defenses and ANSWER to #1 Complaint, by Wal-Mart Stores Texas, LLC, Walmart Inc..(Licygiewicz, Arthur) (Entered: 05/14/2021)

#11

(#11) NOTICE of Attorney Appearance by Brandy Shannell Nolan on behalf of All Defendants (Nolan, Brandy) (Entered: 05/14/2021)

#10

(#10) NOTICE of Attorney Appearance by Brett Christopher Govett on behalf of All Defendants (Govett, Brett) (Entered: 05/14/2021)

#9

(#9) NOTICE of Attorney Appearance by Arthur P Licygiewicz on behalf of All Defendants (Licygiewicz, Arthur) (Entered: 05/14/2021)

#8

(#8) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re LedComm LLC.( Mort, Raymond) (Entered: 04/13/2021)

#7

(#7) ***FILED IN ERROR***Defendant's Unopposed First Application for Extension of Time to Answer Complaint re LedComm LLC.( Mort, Raymond) Modified on 4/12/2021 (ch, ). (Entered: 04/09/2021)

#6

(#6) NOTICE of Attorney Appearance - Pro Hac Vice by David R Grosby on behalf of LedComm LLC. Filing fee $ 100, receipt number 0540-8346243. (Grosby, David) (Entered: 04/08/2021)

1 #9

Civil Cover Sheet

1 #8

Exhibit

1 #7

Exhibit

1 #6

Exhibit

1 #5

Exhibit

1 #4

Exhibit

1 #3

Exhibit

1 #2

Exhibit

1 #1

Exhibit

#1

(#1) COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0540-8301777.), filed by LedComm LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Civil Cover Sheet)(Mort, Raymond) (Entered: 03/17/2021)

13 More Documents Available
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Docket Entries

  • 05/14/2021
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  • Docket(#13) CORPORATE DISCLOSURE STATEMENT filed by Wal-Mart Stores Texas, LLC, Walmart Inc. (Licygiewicz, Arthur) (Entered: 05/14/2021)

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  • 05/14/2021
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  • Docket(#12) Affirmative Defenses and ANSWER to #1 Complaint, by Wal-Mart Stores Texas, LLC, Walmart Inc..(Licygiewicz, Arthur) (Entered: 05/14/2021)

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  • 05/14/2021
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  • Docket(#11) NOTICE of Attorney Appearance by Brandy Shannell Nolan on behalf of All Defendants (Nolan, Brandy) (Entered: 05/14/2021)

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  • 05/14/2021
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  • Docket(#10) NOTICE of Attorney Appearance by Brett Christopher Govett on behalf of All Defendants (Govett, Brett) (Entered: 05/14/2021)

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  • 05/14/2021
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  • Docket(#9) NOTICE of Attorney Appearance by Arthur P Licygiewicz on behalf of All Defendants (Licygiewicz, Arthur) (Entered: 05/14/2021)

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  • 04/13/2021
  • DocketDefendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Wal-Mart Stores Texas, LLC to 5/15/2021; Walmart Inc. to 5/15/2021. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#8) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re LedComm LLC.( Mort, Raymond) (Entered: 04/13/2021)

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  • 04/12/2021
  • Docket***FILED IN ERROR. DEFENDANT REQUESTING EXTENSION SHOULD BE ON APPLICATION Document # 7, Unopposed Application for Extension of Time. PLEASE IGNORE.*** (ch, ) (Entered: 04/12/2021)

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  • 04/09/2021
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  • Docket(#7) ***FILED IN ERROR***Defendant's Unopposed First Application for Extension of Time to Answer Complaint re LedComm LLC.( Mort, Raymond) Modified on 4/12/2021 (ch, ). (Entered: 04/09/2021)

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  • 04/08/2021
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  • Docket(#6) NOTICE of Attorney Appearance - Pro Hac Vice by David R Grosby on behalf of LedComm LLC. Filing fee $ 100, receipt number 0540-8346243. (Grosby, David) (Entered: 04/08/2021)

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  • 04/05/2021
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  • Docket(#5) NOTICE of Attorney Appearance - Pro Hac Vice by Jae Y. Pak on behalf of LedComm LLC. Filing fee $ 100, receipt number 0540-8338108. (Pak, Jae) (Entered: 04/05/2021)

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  • 03/31/2021
  • DocketCASE REFERRED to Magistrate Judge Roy S. Payne. (ch, ) (Entered: 03/31/2021)

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  • 03/17/2021
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  • Docket(#4) SUMMONS Issued as to Wal-Mart Stores Texas, LLC, Walmart Inc.. (Attachments: #1 Summons(es))(ch, ) (Entered: 03/17/2021)

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  • 03/17/2021
  • 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: 03/17/2021)

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  • 03/17/2021
  • DocketCase assigned to District Judge Rodney Gilstrap. (ch, ) (Entered: 03/17/2021)

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  • 03/17/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Mort, Raymond) (Entered: 03/17/2021)

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  • 03/17/2021
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  • Docket(#2) CORPORATE DISCLOSURE STATEMENT filed by LedComm LLC (Mort, Raymond) (Entered: 03/17/2021)

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  • 03/17/2021
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  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0540-8301777.), filed by LedComm LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Civil Cover Sheet)(Mort, Raymond) (Entered: 03/17/2021)

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