On March 31, 2021, Longhorn HD LLC (“LHD” or “Plaintiff”), represented by Alfred Ross Fabricant, Peter Lambrianakos and Vincent J. Rubino, III of Fabricant LLP - NY and John Andrew Rubino of Rubino Law LLC, filed an intellectual property lawsuit against Oracle Corp. (“Oracle” or “Defendant”), seeking injunctive and monetary relief, for the infringement of technology relating to SCSI Device Available for Breakdown Prediction and Self-Examination and a Method Thereof and various other technologies. This case was filed in the U.S. District Court for the Eastern District of Texas with Judge Rodney Gilstrap presiding.
Plaintiff has filed a complaint alleging that Oracle has infringed one or more claims of infringement of U.S. Patent No. 6,237,112 (the “’112 Patent”); 6,734,597 (the “’597 Patent”); 6,549,400 (the “’400 Patent”); 6,711,012 (the “’012 Patent”); 6,496,364 (the “’364 Patent”); 6,938,104 (the “’104 Patent”) (collectively, the “Patents-in-Suit”).
In its complaint, Plaintiff alleged that “Oracle has infringed and is continuing to infringe one or more of the ‘Patents-in-Suit’ by making, using, selling, offering to sell, and/or importing, and by actively inducing others to make, use, sell, offer to sell, and/or import, products including computers, and servers that utilize hard disk drives (“HDDs”), solid state drives (“SSDs”), and associated software that infringes the ‘Patents-in-Suit’. Oracle has also infringed and is continuing to infringe one or more of the ‘Patents-in-Suit’ by making, using, selling, offering to sell, and/or importing, and by actively inducing others to make, use, sell, offer to sell, and/or import, products including servers that utilize 1U mateable servers and/or hot-swappable drive technology and associated software that infringes the ‘Patents-in-Suit’.”
Plaintiff further alleged that “Defendant has and continues to directly infringe the ‘Patents-in-suit’, either literally or under the doctrine of equivalents, without authority, and in violation of 35 U.S.C. § 271, by making, using, offering to sell, selling, and/or importing into the United States products that satisfy each and every limitation of one or more claims of the ‘Patents-in-suit’. Such products include Servers, such as the X-Series, M-Series, T-Series, and Sun Blade Servers, as well as other Oracle storage solutions that utilize HDDs that include microactuators, such as dual stage actuators (“DSA”), hot-swappable ATA hard drive assemblies and other industrial personal computers that have, among other things, a blind mateable PC connector which mates to a blind mateable connector assembly coupled to a rack. On information and belief, such Oracle products include at least X-Series, M-Series, T-Series, and Sun Blade Servers and/or other Oracle products that include one or more HGST and/or WD hard drives.”
There are six claims for relief laid down by the Plaintiff. The first claim is for the alleged infringement of ’112 patent. The second claim is for the alleged infringement of ’597 patent. The third claim is for the alleged infringement of ’400 patent. The fourth claim is for the alleged infringement of ’012 patent. The fifth claim is for the alleged infringement of ’364 patent. The sixth claim is for the alleged infringement of ’104 patent.
In its prayer for relief, the Plaintiff has requested the court to pass an order permanently enjoining Defendant, its officers, agents, servants, employees, attorneys, and those persons in active concert or participation with it, from further acts of infringement of one or more of the asserted patents; award compensatory damages not less than a reasonable royalty, together with interest and costs; and award attorneys’ fees.
This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.
2:21-CV-00116
03/31/2021
Disposed - Other Disposed
Intellectual Property - Patent
Rodney Gilstrap
Roy S. Payne
Longhorn HD LLC.
Oracle Corp.
Alfred Ross Fabricant
John Andrew Rubino
Peter Lambrianakos
Vincent J Rubino, III
Justin Kurt Truelove
Melissa Richards Smith
Text of Proposed Order
Civil Cover Sheet
Docket(#14) Notice of Filing of Patent/Trademark Form (AO 120) at termination of case. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (nkl, ) (Entered: 05/25/2021)
[-] Read LessDocket(#13) ORDER DISMISSING CASE. Signed by District Judge Rodney Gilstrap on 5/24/2021. (nkl, ) (Entered: 05/25/2021)
[-] Read LessDocket(#12) NOTICE of Voluntary Dismissal by Longhorn HD LLC. (Attachments: #1 Text of Proposed Order)(Rubino, Vincent) (Entered: 05/20/2021)
[-] Read LessDocketIn 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. (nkl, ) (Entered: 04/29/2021)
[-] Read LessDocketCASE REFERRED to Magistrate Judge Roy S. Payne. (nkl, ) (Entered: 04/29/2021)
[-] Read LessDocketDefendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Oracle Corp. to 6/18/2021. 15 Days Granted for Deadline Extension.( nkl, ) (Entered: 04/22/2021)
[-] Read LessDocket(#11) Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Oracle Corp..( Smith, Melissa) (Entered: 04/22/2021)
[-] Read LessDocketDefendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Oracle Corp. to 6/3/2021. 30 Days Granted for Deadline Extension.( nkl, ) (Entered: 04/22/2021)
[-] Read LessDocket(#10) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Oracle Corp..( Smith, Melissa) (Entered: 04/22/2021)
[-] Read LessDocket(#9) NOTICE of Attorney Appearance by Justin Kurt Truelove on behalf of Longhorn HD LLC. (Truelove, Justin) (Entered: 04/01/2021)
[-] Read LessDocket(#8) SUMMONS Issued as to Oracle Corp.. (ch, ) (Entered: 03/31/2021)
[-] Read LessDocketIn 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: 03/31/2021)
[-] Read LessDocketCase assigned to District Judge Rodney Gilstrap. (ch, ) (Entered: 03/31/2021)
[-] Read LessDocket(#7) NOTICE of Attorney Appearance by John Andrew Rubino on behalf of Longhorn HD LLC. (Rubino, John) (Entered: 03/31/2021)
[-] Read LessDocket(#6) NOTICE of Attorney Appearance by Peter Lambrianakos on behalf of Longhorn HD LLC. (Lambrianakos, Peter) (Entered: 03/31/2021)
[-] Read LessDocket(#5) NOTICE of Attorney Appearance by Alfred Ross Fabricant on behalf of Longhorn HD LLC. (Fabricant, Alfred) (Entered: 03/31/2021)
[-] Read LessDocket(#4) NOTICE of Attorney Appearance by Vincent J Rubino, III on behalf of Longhorn HD LLC. (Rubino, Vincent) (Entered: 03/31/2021)
[-] Read LessDocket(#3) CORPORATE DISCLOSURE STATEMENT filed by Longhorn HD LLC. identifying Corporate Parent Alpha Alpha Intellectual Partners LLC for Longhorn HD LLC.. (Rubino, Vincent) (Entered: 03/31/2021)
[-] Read LessDocket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Rubino, Vincent) (Entered: 03/31/2021)
[-] Read LessDocket(#1) COMPLAINT for Patent Infringement against Oracle Corp. ( Filing fee $ 402 receipt number 0540-8330989.), filed by Longhorn HD LLC.. (Attachments: #1 Civil Cover Sheet)(Rubino, Vincent) (Entered: 03/31/2021)
[-] Read Less