On February 14, 2022, Lemko Corporation (“Lemko” or “Plaintiff”), represented by Jon B Hyland of Hilgers Graben PLLC, filed an intellectual property lawsuit against Microsoft Corporation (“Microsoft”) and Networks, Inc., (“Networks”) (collectively, “Defendants”), seeking declaratory, monetary, and injunctive relief; along with damages and pre & post judgment interest for the alleged infringement of the United States Patents owned by the plaintiff. This case was filed in the U.S. District Court for the Northern District of Texas with Judge Sam A. Lindsay presiding.
The plaintiff filed this complaint for the alleged infringement of U.S. Patent No. 7,548,763 (the “’763 Patent”); U.S. Patent No. 7,653,414 (the “’414 Patent”); U.S. Patent No.7,855,988 (the “’988 Patent”); U.S. Patent No. 8,107,409 (the “’409 Patent”); U.S. Patent No. 8,688,111 (the “’111 Patent”); U.S. Patent No. 9,191,980 (the “’980 Patent”); U.S. Patent No. 9,332,478 (the “’478 Patent”); and U.S. Patent No. 9,755,931 (the “’931 Patent”) (collectively, “Asserted Patents”) owned by the plaintiff.
In the complaint the plaintiff alleged that, “Defendants make, use, sell, offer for sale, and/or import into the United States and this District products and services that infringe the Asserted Patents (the ‘Accused Products’), including a combination of the Azure Stack Edge and Virtual Evolved Packet Core (collectively, the ‘Core MEC Products’). Exhibit 10; Exhibit 11 at 1.”
The plaintiff further alleged that, “Defendants’ Azure Stack Edge (‘ASE’) are servers and related services for managing devices from the cloud with Azure management tools. Exhibit 12 at 1. ASE products include the ASE Pro Series (Pro and Pro R) and the ASE Mini Series servers. These servers run applications at the edge. Exhibit 13 at 1.”
The plaintiff also alleged that, “Defendants’ Azure Stack Edge (‘ASE’) are servers and related services for managing devices from the cloud with Azure management tools. Exhibit 12 at 1. ASE products include the ASE Pro Series (Pro and Pro R) and the ASE Mini Series servers. These servers run applications at the edge. Exhibit 13 at 1.”
The plaintiff listed eight claims for relief for alleged direct infringement on patents ’763, ‘414, ‘988, ‘409, ‘111, ’980, ‘478, and ‘931; along with eight claims of relief for alleged indirect infringement on patents ’763, ‘414, ‘988, ‘409, ‘111, ’980, ‘478, and ‘931.
In the prayer for relief, the plaintiff requested judgment holding that Defendants have infringed, are infringing and have induced infringement of the Asserted Patents and/or continuing to contribute to infringement of the Asserted Patents. Further, the plaintiff requested preliminary and permanent injunction against the Defendants; an award for damages pursuant to 35 U.S.C. § 284; finding this case as “exceptional”; post and pre judgment interests; costs and reasonable attorneys’ fees; or any other relief that the Court deems appropriate.
This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.
3:22-CV-00363
02/14/2022
Pending - Other Pending
Intellectual Property - Patent
Sam A. Lindsay
Rebecca Rutherford
Lemko Corporation
Microsoft Corporation
Affirmed Networks Inc
Grant Kojis Schmidt
Paul Joseph Andre
Aaron M Frankel
James R Hannah
Jon B Hyland
Hannah Lee
Lisa Kobialka
Michael Rueckheim
M Brett Johnson
Barry Kenneth Shelton
Kelly C Hunsaker
Ashley Jones Wright
(#65) ORDER: The Court directs the parties to meet and conferand submit a joint report addressing each of the items listed in the order no later than December 15, 2023. (Ordered by Magistrate Judge Rebecca Rutherford on 11/20/2023) (cea) (Entered: 11/20/2023)
Proposed Order
(#63) MOTION to Dismiss Plaintiff's Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(B)(6) filed by Affirmed Networks Inc, Microsoft Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hunsaker, Kelly) (Entered: 11/16/2023)
Exhibit(s) 24
Exhibit(s) 22, part 2
Exhibit(s) 18
Exhibit(s) 16
Exhibit(s) 10
Exhibit(s) 7
Exhibit(s) 56
Exhibit(s) 53
Exhibit(s) 52
Exhibit(s) 41
Exhibit(s) 37
Exhibit(s) 27
Exhibit(s) 21
Exhibit(s) 16
Exhibit(s) 13
Docket(#65) ORDER: The Court directs the parties to meet and conferand submit a joint report addressing each of the items listed in the order no later than December 15, 2023. (Ordered by Magistrate Judge Rebecca Rutherford on 11/20/2023) (cea) (Entered: 11/20/2023)
[-] Read LessDocket(#64) ELECTRONIC ORDER: Defendants have filed a #63 Motion to Dismiss Plaintiff's Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). Under the Local Rules, Plaintiff's written response to Defendants' motion is due by December 7, 2023; Defendants may file a reply 14 days after Plaintiff files a response. N.D. Tex. Civ. R. 7.1(e), (f). If any of the parties require an extended deadline, the Court ORDERS the parties to meet and confer and then advise the Court of any agreed-upon extension. (Ordered by Magistrate Judge Rebecca Rutherford on 11/20/2023) (chmb) (Entered: 11/20/2023)
[-] Read LessDocket(#63) MOTION to Dismiss Plaintiff's Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(B)(6) filed by Affirmed Networks Inc, Microsoft Corporation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hunsaker, Kelly) (Entered: 11/16/2023)
[-] Read LessDocket(#62) ORDER granting #61 Motion for Extension of Time to File Answer re #59 Amended Complaint. Affirmed Networks Inc answer due 11/16/2023. (Ordered by Magistrate Judge Rebecca Rutherford on 10/25/2023) (axm) (Entered: 10/25/2023)
[-] Read LessDocket(#61) Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Complaint filed by Affirmed Networks Inc, Microsoft Corporation (Attachments: #1 Proposed Order) (Hunsaker, Kelly) (Entered: 10/24/2023)
[-] Read LessDocket(#60) Report to Patent/Trademark Office of Answer or Amended Pleading. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (oyh) (Entered: 10/20/2023)
[-] Read LessDocket(#59) AMENDED COMPLAINT WITH JURY DEMAND for Patent Infringement against All Defendants filed by Lemko Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, part 1, #23 Exhibit(s) 22, part 2, #24 Exhibit(s) 22, part 3, #25 Exhibit(s) 23, #26 Exhibit(s) 24, #27 Exhibit(s) 25, #28 Exhibit(s) 26, #29 Exhibit(s) 27, #30 Exhibit(s) 28, #31 Exhibit(s) 29, #32 Exhibit(s) 30, #33 Exhibit(s) 31, #34 Exhibit(s) 32, #35 Exhibit(s) 33, #36 Exhibit(s) 34, #37 Exhibit(s) 35, #38 Exhibit(s) 36, #39 Exhibit(s) 37) (Frankel, Aaron) (Entered: 10/19/2023)
[-] Read LessDocket(#58) ORDER REFERRING CASE to Magistrate Judge Rebecca Rutherford. (Ordered by Judge Sam A. Lindsay on 10/6/2023) (axm) (Entered: 10/06/2023)
[-] Read LessDocket(#57) ORDER: Court Requirements for Filing Documents Under Seal. These requirements must be adhered to notwithstanding any agreement in the parties' Stipulated Protective Order regarding the filing of documents under seal in this case. (Ordered by Judge Sam A. Lindsay on 10/5/2023) (chmb) (Entered: 10/05/2023)
[-] Read LessDocket(#56) STIPULATED PROTECTIVE ORDER (Ordered by Judge Sam A. Lindsay on 10/5/2023) (chmb) (Entered: 10/05/2023)
[-] Read LessDocket(#10) SUMMONS Returned Executed as to Affirmed Networks Inc; served on 2/16/2022. (Hyland, Jon) (Entered: 02/16/2022)
[-] Read LessDocket(#9) SUMMONS Returned Executed as to Microsoft Corporation; served on 2/16/2022. (Hyland, Jon) (Entered: 02/16/2022)
[-] Read LessDocket(#8) Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Aaron M. Frankel (Filing fee $100; Receipt number 0539-12601314) filed by Lemko Corporation (Hyland, Jon) (Entered: 02/15/2022)
[-] Read LessDocket(#7) Summons Issued as to Affirmed Networks Inc, Microsoft Corporation. (ykp) (Entered: 02/15/2022)
[-] Read LessDocket(#6) Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ykp) (Entered: 02/15/2022)
[-] Read LessDocket(#5) New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ykp) (Entered: 02/15/2022)
[-] Read LessDocket(#4) Request for Clerk to issue Summons in a Civil Action filed by Lemko Corporation. (Hyland, Jon) (Entered: 02/14/2022)
[-] Read LessDocket(#3) Request for Clerk to issue Summons in a Civil Action filed by Lemko Corporation. (Hyland, Jon) (Entered: 02/14/2022)
[-] Read LessDocket(#2) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Lemko Corporation. (Hyland, Jon) (Entered: 02/14/2022)
[-] Read LessDocket(#1) COMPLAINT WITH JURY DEMAND against All Defendants filed by Lemko Corporation. (Filing fee $402; Receipt number 0539-12598946) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 25, #26 Exhibit(s) 26, #27 Exhibit(s) 27, #28 Exhibit(s) 28, #29 Exhibit(s) 29, #30 Exhibit(s) 30, #31 Exhibit(s) 31, #32 Exhibit(s) 32, #33 Exhibit(s) 33, #34 Exhibit(s) 34, #35 Exhibit(s) 35, #36 Exhibit(s) 36, #37 Exhibit(s) 37, #38 Exhibit(s) 38, #39 Exhibit(s) 39, #40 Exhibit(s) 40, #41 Exhibit(s) 41, #42 Exhibit(s) 42, #43 Exhibit(s) 43, #44 Exhibit(s) 44, #45 Exhibit(s) 45, #46 Exhibit(s) 46, #47 Exhibit(s) 47, #48 Exhibit(s) 48, #49 Exhibit(s) 49, #50 Exhibit(s) 50, #51 Exhibit(s) 51, #52 Exhibit(s) 52, #53 Exhibit(s) 53, #54 Exhibit(s) 54, #55 Exhibit(s) 55, #56 Exhibit(s) 56) (Hyland, Jon) (Entered: 02/14/2022)
[-] Read Less