This case was last updated from PACER on 05/24/2021 at 10:17:06 (UTC).

LoganTree LP v. Huawei Technologies USA, Inc. et al

Case Summary

On March 25, 2021, LoganTree LP (“Plaintiff” or LoganTree”) represented by E. Hossain Arnold Shokouhi of McCathern, PLLC filed an intellectual property lawsuit against Huawei Technologies, Co., Ltd (“Huawei Ltd.”), Huawei Devices USA, Inc. (“Huawei Devices”), and Huawei Technologies USA, Inc. (“Huawei USA” and collectively with Huawei Ltd. and Huawei Devices, “Huawei” or "Defendant"), seeking compensatory damages among other reliefs for the alleged infringement of technology relating to Training and Safety Device, System and Method to Aid in Proper Movement During Physical Activity by the Defendant. This case was filed in U.S. District Court in the Eastern District of Texas with Judge J. Campbell Barker and Judge Jeremy D. Kernodle presiding.

In its complaint, Plaintiff alleged 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. On March 17, 2015, following a reexamination requested by LoganTree, the PTO issued a reexamination certificate for the ‘576 Patent, bearing U.S. Patent No. 6,059,576 C1 (“the ‘576 Reexamination Certificate”).

Plaintiff also alleged that “Huawei, 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: Talkband B2 family, Talkband B3 family, Huawei Band 2 family, Huawei Watch family, and Huawei Fit family (collectively “Accused Products”).” 

Plaintiff further alleged that “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, knowing that those products are specially made or adapted to infringe the ’576 Patent, and knowing that those products are not stapled articles of commerce suitable for substantial non-infringing use.”

Furthermore, it was alleged by the Plaintiff that “Defendants knew or should have known that, without taking a license to the patents-in-suit, its actions continued to infringe one or more claims of the ‘576 Patent. Therefore, Defendants have willfully infringed the ‘576 Patent.”

 

There is one claim for relief laid down by Plaintiff where the claim is for the alleged Infringement of re-examined 576 Patent by Inducing others and through third Parties attracting sections 35 U.S.C. § 271(a), 35 U.S.C. § 271(b), 35 U.S.C. § 271(c).

In the prayer for relief, the Plaintiff has requested the court to pass judgment that Defendants infringe and have directly infringed the Reexamined ‘576 Patent”; Order Defendants to pay damages adequate to compensate Plaintiff for Defendants’ infringement of the Reexamined ‘576 Patent pursuant to 35 U.S.C. § 284, together with pre-judgment and post-judgment interests, in an amount according to proof; Enter a judgment that the infringement was willful and that such damages be trebled pursuant to 35 U.S.C. § 284; Enter judgment that this case is exceptional under 35 U.S.C. § 285 and award Plaintiffs reasonable attorneys’ fees and costs incurred in this action.

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Case Details Parties Dockets

 

Case Details

  • Case Number:

    6:21-CV-00119

  • Filing Date:

    03/25/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judges

J. Campbell Barker

Jeremy D. Kernodle

 

Party Details

Plaintiff

LoganTree LP

Defendants

Huawei Devices USA, Inc.

Huawei Technologies, Co., Ltd.

Huawei Technologies USA, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Hossain Arnold Shokouhi

Attorney at McCathern, PLLC - Dallas

3710 Rawlins Street, Suite 1600

Dallas, TX 75219

Defendant Attorney

Steven Mark Geiszler

Attorney at Futurewei Technologies, Inc

5340 Legacy Drive, Suite 175

Plano, TX 75024

 

Docket Entries

  • 05/03/2021
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  • Docket(#11) ORDER granting #10 Motion for Extension of Time to Answer. Signed by District Judge Jeremy D. Kernodle on 5/3/2021. (efarris, ) (Entered: 05/03/2021)

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  • 05/03/2021
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  • Docket(#10) Unopposed MOTION for Extension of Time to File Answer until July 21, 2021 by Huawei Devices USA, Inc.. (Attachments: #1 Text of Proposed Order)(Geiszler, Steven) (Entered: 05/03/2021)

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  • 04/29/2021
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  • Docket(#9) WAIVER OF SERVICE Returned Executed by LoganTree LP. Huawei Technologies, Co., Ltd. waiver sent on 4/22/2021, answer due 7/21/2021. (Shokouhi, Hossain) (Entered: 04/29/2021)

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  • 04/22/2021
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  • Docket(#8) AMENDED COMPLAINT PLAINTIFFS FIRST AMENDED COMPLAINT against All Defendants, filed by LoganTree LP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shokouhi, Hossain) (Entered: 04/22/2021)

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  • 04/09/2021
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  • DocketDefendant's Unopposed First Application for Extension of Time to Answer Complaint #7 is granted pursuant to Local Rule CV-12 for Huawei Devices USA, Inc. to 5/17/2021; Huawei Technologies USA, Inc. to 5/17/2021. 30 Days Granted for Deadline Extension.( mll, ) (Entered: 04/09/2021)

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  • 04/08/2021
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  • Docket(#7) Defendants' Unopposed First Application for Extension of Time to Answer Complaint re Huawei Device USA, Inc. and Huawei Technologies USA, Inc. (Geiszler, Steven) (Entered: 04/08/2021)

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  • 03/26/2021
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  • Docket(#6) SUMMONS Returned Executed by LoganTree LP. Huawei Technologies USA, Inc. served on 3/26/2021, answer due 4/16/2021. (Shokouhi, Hossain) (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#5) SUMMONS Returned Executed by LoganTree LP. Huawei Devices USA, Inc. served on 3/26/2021, answer due 4/16/2021. (Shokouhi, Hossain) (Entered: 03/26/2021)

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  • 03/26/2021
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  • Docket(#4) ORDER OF RECUSAL. District Judge J. Campbell Barker recused. (Case reassigned to District Judge Jeremy D. Kernodle for all further proceedings.) Signed by District Judge J. Campbell Barker on 03/26/21. (mll, ) (Entered: 03/26/2021)

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  • 03/25/2021
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  • Docket(#3) SUMMONS Issued as to Huawei Devices USA, Inc., Huawei Technologies USA, Inc., and Huawei Technologies, Co., Ltd. (Attachments: #1 Summons(es), #2 Summons(es))(ndc) (Entered: 03/25/2021)

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  • 03/25/2021
  • 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. (mll, ) (Entered: 03/25/2021)

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  • 03/25/2021
  • DocketMINUTE ORDER adopting in this case Judge Barker's standing orders, which may be obtained from his page on the court's website and may be updated without separate docket entry. All parties and counsel are ordered to stay abreast of the current standing orders and to comply with those orders and with the courts local rules. Noncompliance with those standing orders or local rules may result in a sanction or other disadvantage. (mll, ) (Entered: 03/25/2021)

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  • 03/25/2021
  • DocketDistrict Judge J. Campbell Barker added. (mll, ) (Entered: 03/25/2021)

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  • 03/25/2021
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (mll, ) (Entered: 03/25/2021)

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  • 03/25/2021
  • DocketDEMAND for Trial by Jury by LoganTree LP. (mll, ) (Entered: 03/25/2021)

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  • 03/25/2021
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  • Docket(#1) COMPLAINT PLAINTIFFS ORIGINAL COMPLAINT against LoganTree LP ( Filing fee $ 402 receipt number 0540-8318642.), filed by LoganTree LP. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Report on the Filing or Determination of an Action Regarding a Patent or Trademark)(Shokouhi, Hossain) (Entered: 03/25/2021)

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