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This case was last updated from PACER on 06/22/2021 at 16:47:01 (UTC).

LoganTree, LP v. Apple, Inc.

Case Summary

On April 23, 2021, LoganTree LP (“LoganTree”) represented by Arnold Shokouhi of McCathern Mooty Grinke, LLP and James Eamonn Sherry of McCathern, PLLC filed an intellectual property lawsuit against Defendant Apple, Inc. (“Apple” or “Defendant”) seeking compensatory damages for the alleged patent infringement by the Defendant. This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding. 

 

The Plaintiff asserted that On May 9, 2000, the United States Patent and Trademark Office (“PTO”) duly and lawfully issued the ‘576 Patent, entitled “Training and Safety Device, System and Method to Aid in Proper Movement During Physical Activity,” after a full and fair examination. LoganTree possesses all rights of recovery under the ‘576 Patent and the Reexamined ‘576 Patent, including the exclusive right to sue for infringement and recover past damages.

 

In its complaint, the Plaintiff alleged that “Apple, directly or through intermediaries, makes, made, has made, used, imported, manufactured, provided, supplied, distributed, sold, and/or offered for sale to customers within the United States accelerometer-based activity monitoring devices that infringe the Reexamined ‘576 Patent either literally and/or under the doctrine of equivalents, including but not limited to the following models of wearable accelerometer-based activity tracker: Apple Watch 1st Generation Family, Apple Watch Series 1 Family, Apple Watch Series 2 Family, and Apple Watch Series 3 Family (collectively “Accused Products”).”

 

The Plaintiffs have further alleged that “Defendant has induced infringement under 35 U.S.C. § 271(b). Defendant has actively, knowingly, and intentionally induced, infringement of the ‘576 Patent by selling or otherwise supplying the Accused Products with the knowledge and intent that third parties will use, sell, and/or offer for sale in the United States, for their intended purpose to infringe the ‘576 Patent, and with the knowledge and intent to encourage and facilitate infringement through the dissemination of the Accused Products and/or the creation and dissemination of documentation and technical information to customers and prospective customers related to the Accused Products, as well actively providing Defendant’s app for use by customers with the Accused Products.”

 

There is one count for relief laid down by the Plaintiff. The Plaintiff has laid down the count of alleged infringement of the Reexamined ‘576 patent. The Defendant has had prior knowledge and notice of the ‘576 Patent and its infringement through prior correspondence from counsel of LoganTree to Defendant and its General Counsel. Defendant has contributed to the infringement by third parties, including its customers, of one or more claims of the ‘576 Patent under 35 U.S.C. § 271(c), by selling and/or offering for sale in the United States knowing that those products constitute a material part of the inventions of the ‘576 Patent.

 

In its prayer for relief, the Plaintiff has requested the Court to adjudge that the Defendant has infringed and has been directly infringing ‘576 Patent under 35 U.S.C. § 271(a) and thus award compensatory damages along with interests, costs, fees and any other 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-00397

  • Filing Date:

    04/23/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

LoganTree, LP

Defendant

Apple, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Arnold Shokouhi

Attorney at McCathern Mooty Grinke, LLP

3710 Rawlins, Suite 1600

Dallas, TX 75219

James Eamonn Sherry

Attorney at McCathern, PLLC

3710 Rawlins Street, Ste. 1600

Dallas, TX 75219

Defendant Attorney

J. Stephen Ravel

Attorney at Kelly Hart & Hallman LLP

303 Colorado Street, Suite 2000

Austin, TX 78701

 

Court Documents

#8

(#8) Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

7 #1

Proposed Order

#7

(#7) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 05/11/2021)

#6

(#6) NOTICE of Attorney Appearance by J. Stephen Ravel on behalf of Apple, Inc.. Attorney J. Stephen Ravel added to party Apple, Inc.(pty:dft) (Ravel, J.) (Entered: 05/11/2021)

#5

(#5) SUMMONS Returned Executed by LoganTree, LP. Apple, Inc. served on 4/27/2021, answer due 5/18/2021. (Shokouhi, Arnold) (Entered: 04/27/2021)

#4

(#4) Summons Issued as to Apple, Inc.. (lad) (Entered: 04/23/2021)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Shokouhi, Arnold) (Entered: 04/23/2021)

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by LoganTree, LP. (Shokouhi, Arnold) (Main Document 2 replaced on 4/23/2021) (lad). (Entered: 04/23/2021)

1 #5

AO 120

1 #4

Exhibit C

1 #3

Exhibit B

1 #2

Exhibit A

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT PLAINTIFFS ORIGINAL COMPLAINT ( Filing fee $ 402 receipt number 0542-14731841), filed by LoganTree, LP. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 AO 120)(Shokouhi, Arnold) (Attachment 1 replaced on 4/23/2021) (lad). (Entered: 04/23/2021)

4 More Documents Available
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Docket Entries

  • 06/16/2021
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  • Docket(#8) Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

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  • 05/18/2021
  • DocketSet/Reset Deadlines: Apple, Inc. answer due 7/2/2021. (mc5) (Entered: 05/18/2021)

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  • 05/18/2021
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  • DocketText Order GRANTING #7 Motion for Extension of Time to Answer entered by Judge Alan D Albright. It is therefore ORDERED that Defendant Apple, Inc.'s Unopposed Motion is GRANTED, and Defendant's deadline to file a response to Plaintiff's Original Complaint is hereby extended through and including July 2, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 05/18/2021)

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  • 05/11/2021
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  • Docket(#7) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 05/11/2021)

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  • 05/11/2021
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  • Docket(#6) NOTICE of Attorney Appearance by J. Stephen Ravel on behalf of Apple, Inc.. Attorney J. Stephen Ravel added to party Apple, Inc.(pty:dft) (Ravel, J.) (Entered: 05/11/2021)

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  • 04/27/2021
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  • Docket(#5) SUMMONS Returned Executed by LoganTree, LP. Apple, Inc. served on 4/27/2021, answer due 5/18/2021. (Shokouhi, Arnold) (Entered: 04/27/2021)

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  • 04/23/2021
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  • Docket(#4) Summons Issued as to Apple, Inc.. (lad) (Entered: 04/23/2021)

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  • 04/23/2021
  • 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: 04/23/2021)

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  • 04/23/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Shokouhi, Arnold) (Entered: 04/23/2021)

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  • 04/23/2021
  • DocketAll parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by LoganTree, LP. (Shokouhi, Arnold) (Main Document 2 replaced on 4/23/2021) (lad). (Entered: 04/23/2021)

    Read MoreRead Less
  • 04/23/2021
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  • Docket(#1) COMPLAINT PLAINTIFFS ORIGINAL COMPLAINT ( Filing fee $ 402 receipt number 0542-14731841), filed by LoganTree, LP. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 AO 120)(Shokouhi, Arnold) (Attachment 1 replaced on 4/23/2021) (lad). (Entered: 04/23/2021)

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