This case was last updated from PACER on 10/16/2021 at 10:26:43 (UTC).

LINFO IP, LLC v. Costco Wholesale Corporation

Case Summary

On October 15, 2021, Linfo IP, LLC (“Linfo” or “Plaintiff”), represented by William P. Ramey, III of Ramey & Schwaller, LLP, filed an intellectual property lawsuit against Costco Wholesale Corporation (“Costco” or “Defendant”), seeking injunctive relief, damages, accounting and costs, and other relief for the alleged infringement of the United States Patent owned by Plaintiff. This case was filed in the United States District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

The complaint arises from Defendants’ alleged unlawful infringement of the United States Patent owned by Plaintiff: United States Patent Nos. 9,092,428 entitled “System, methods and user interface for discovering and presenting information in text content” (“the ‘428 patent”) (referred to as the “Patent-in-Suit”).

 

In the complaint, Plaintiff alleged that, “Costco maintains, operates, and administers systems that facilitate discovering and presenting information in text content with different view formats that infringes one or more claims of the ‘428 patent, including one or more of claims 1-20, literally or under the doctrine of equivalents. Defendant put the inventions claimed by the ‘428 Patent into service (i.e., used them); but for Defendant’s actions, the claimed-inventions embodiments involving Defendant’s products and services would never have been put into service. Defendant’s acts complained of herein caused those claimed-invention embodiments as a whole to perform, and Defendant’s procurement of monetary and commercial benefit from it.”

 

Plaintiff also alleged that, “Costco has and continues to induce infringement. Costco has actively encouraged or instructed others (e.g., its customers and/or the customers of its related companies), and continues to do so, on how to use its products and services (e.g., discovering and presenting information in text content with different view formats) such as to cause infringement of one or more of claims 1–20 of the ‘428 patent, literally or under the doctrine of equivalents. Moreover, Costco has known of the ‘428 patent and the technology underlying it from at least the date of issuance of the patent and from the date of the filing of the lawsuit.”

 

Further, Plaintiff alleged that, “Costco has and continues to contributorily infringe. Costco has actively encouraged or instructed others (e.g., its customers and/or the customers of its related companies), and continues to do so, on how to use its products and services (e.g., discovering and presenting information in text content with different view formats) and related services such as to cause infringement of one or more of claims 1–20 of the ‘428 patent, literally or under the doctrine of equivalents. Moreover, Costco has known of the ‘428 patent and the technology underlying it from at least the date of issuance of the patent and from the date of the filing of the lawsuit.”

 

There is one claim for relief laid down by Plaintiff for infringement of the Patent-in-suit.

 

In the prayer for relief, Plaintiff has requested the court to pass a judgment that Defendant has infringed the claims of the ‘428 patent along with an award of permanent injunctive relief and treble damages, costs, expenses pursuant to 35 U.S.C. § 284 and prejudgment and post-judgment interest. Further, Plaintiff requested the court for a judgment and order finding this is an exceptional case, within the meaning of 35 U.S.C. § 285, along with attorneys’ fees,  costs, and 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-01072

  • Filing Date:

    10/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

LINFO IP, LLC

Defendant

Costco Wholesale Corporation

Attorney/Law Firm Details

Plaintiff Attorney

William P. Ramey, III

Attorney at Ramey & Schwaller, LLP

5020 Montose Blvd., Suite 800

Houston, TX 77006

 

Court Documents

#1

1 #1

Exhibit US9092428

1 #2

Exhibit Civil Cover Sheet

#2

#3

#4

#5

 

Docket Entries

  • 10/15/2021
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS by LINFO IP, LLC. (Ramey, William) (Entered: 10/15/2021)

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  • 10/15/2021
  • 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: 10/15/2021)

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  • 10/15/2021
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  • Docket(#4) Summons Issued as to Costco Wholesale Corporation. (lad) (Entered: 10/15/2021)

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  • 10/15/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 10/15/2021)

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  • 10/15/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS by LINFO IP, LLC. (Ramey, William) (Entered: 10/15/2021)

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  • 10/15/2021
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ramey, William) (Entered: 10/15/2021)

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  • 10/15/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15340003), filed by LINFO IP, LLC. (Attachments: #1 Exhibit US9092428, #2 Exhibit Civil Cover Sheet)(Ramey, William) (Entered: 10/15/2021)

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