This case was last updated from PACER on 09/17/2021 at 15:16:36 (UTC).

M-Red Inc. v. Giga-Byte Technology Co., Ltd.

Case Summary

On September 10, 2021, M-Red Inc. (“M-Red” or “Plaintiff”), represented by Alfred Ross Fabricant, Peter Lambrianakos and Vincent J Rubino, III of Fabricant LLP, filed an intellectual property lawsuit against Giga-Byte Technology Co., Ltd., (“Giga-Byte” or “Defendant”), seeking monetary damages and such other relief for the alleged infringement of the United States Patent owned by the Plaintiff. This case was filed in U.S. District Court in the Eastern District of Texas with Judge Rodney Gilstrap presiding.

 

This is an action for alleged patent infringement by the Defendant of the United States Patent which generally describes techniques that aid in the recovery of clock and data signals, including sampling a transition bit and determining an offset based in part on the state of that bit: United States Patent No. 6,737,995 entitled “Clock and Data Recovery with a Feedback Loop to Adjust the Slice Level of an Input Sampling Circuit” (the “’995 Patent”) (the “Ng Patent”).

 

In the complaint, the Plaintiff alleged that, “Giga-Byte has and continues to directly infringe the ’995 Patent, 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 ’995 Patent.”

 

The Plaintiff also alleged that, “Giga-Byte has and continues to indirectly infringe one or more claims of the ’995 Patent by knowingly and intentionally inducing others, including Giga-Byte customers and end-users of the Accused Products and products that include the Accused Products, to directly infringe, either literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or importing into the United States products that include infringing technology, such as the Giga-Byte Z590 AORUS EXTREME incorporating a PCI Express 3.0.”

 

Further, the Plaintiff alleged that, “Giga-Byte, with knowledge that these products, or the use thereof, infringes the ’995 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and continues to knowingly and intentionally induce, direct infringement of the ’995 Patent by providing these products to customers and ultimately to end-users for use in an infringing manner in the United States including, but not limited to, end-users of products that incorporate Accused Products.”

 

The only claim for relief laid down by the Plaintiff is for the alleged infringement of the Ng Patent.

 

In the prayer for relief, the Plaintiff has requested the Court to pass a judgment declaring that Giga-Byte has directly and/or indirectly and wilfully infringed one or more claims of the Ng Patent along with damages sufficient to compensate M-Red for Giga-Byte’s infringement of the Ng Patent, but in no event less than a reasonable royalty, including supplemental damages post-verdict, together with pre-judgment and post-judgment interest, costs and enhanced damages pursuant to 35 U.S.C. § 284. The Plaintiff also requested the Court to declare this an exceptional case within the meaning of 35 U.S.C. § 285 and provide attorneys’ fees, expenses and costs incurred in this action and such other and further relief as the Court deems just and proper. 

 

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00355

  • Filing Date:

    09/10/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Rodney Gilstrap

 

Party Details

Plaintiff

M-Red Inc.

Defendant

Giga-Byte Technology Co., Ltd.

Attorney/Law Firm Details

Plaintiff Attorneys

Peter Lambrianakos

Attorney at Fabricant LLP - NY

230 Park Avenue, 3Rd Floor W.

New York, NY 10169

Vincent J Rubino, III

Attorney at Fabricant LLP - NY

230 Park Avenue, 3Rd Floor W.

New York, NY 10169

Alfred Ross Fabricant

Attorney at Fabricant LLP - NY

230 Park Avenue, 3Rd Floor W.

New York, NY 10169

 

Court Documents

#8

(#8) NOTICE of Attorney Appearance by Justin Kurt Truelove on behalf of M-Red Inc. (Truelove, Justin) (Entered: 09/14/2021)

#7

(#7) SUMMONS Issued as to Giga-Byte Technology Co., Ltd.. (ch, ) (Entered: 09/13/2021)

#6

(#6) NOTICE of Attorney Appearance by Vincent J Rubino, III on behalf of M-Red Inc. (Rubino, Vincent) (Entered: 09/10/2021)

#5

(#5) NOTICE of Attorney Appearance by Peter Lambrianakos on behalf of M-Red Inc. (Lambrianakos, Peter) (Entered: 09/10/2021)

#4

(#4) NOTICE of Attorney Appearance by Alfred Ross Fabricant on behalf of M-Red Inc. (Fabricant, Alfred) (Entered: 09/10/2021)

#3

(#3) CORPORATE DISCLOSURE STATEMENT filed by M-Red Inc. identifying Corporate Parent Quest Patent Research Corporation for M-Red Inc.. (Fabricant, Alfred) (Entered: 09/10/2021)

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Fabricant, Alfred) (Entered: 09/10/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT for Patent Infringement against Giga-Byte Technology Co., Ltd. ( Filing fee $ 402 receipt number 0540-8576858.), filed by M-Red Inc.. (Attachments: #1 Civil Cover Sheet)(Fabricant, Alfred) (Entered: 09/10/2021)

 

Docket Entries

  • 09/14/2021
  • View Court Documents
  • Docket(#8) NOTICE of Attorney Appearance by Justin Kurt Truelove on behalf of M-Red Inc. (Truelove, Justin) (Entered: 09/14/2021)

    Read MoreRead Less
  • 09/13/2021
  • View Court Documents
  • Docket(#7) SUMMONS Issued as to Giga-Byte Technology Co., Ltd.. (ch, ) (Entered: 09/13/2021)

    Read MoreRead Less
  • 09/13/2021
  • 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. (ch, ) (Entered: 09/13/2021)

    Read MoreRead Less
  • 09/10/2021
  • View Court Documents
  • Docket(#6) NOTICE of Attorney Appearance by Vincent J Rubino, III on behalf of M-Red Inc. (Rubino, Vincent) (Entered: 09/10/2021)

    Read MoreRead Less
  • 09/10/2021
  • View Court Documents
  • Docket(#5) NOTICE of Attorney Appearance by Peter Lambrianakos on behalf of M-Red Inc. (Lambrianakos, Peter) (Entered: 09/10/2021)

    Read MoreRead Less
  • 09/10/2021
  • View Court Documents
  • Docket(#4) NOTICE of Attorney Appearance by Alfred Ross Fabricant on behalf of M-Red Inc. (Fabricant, Alfred) (Entered: 09/10/2021)

    Read MoreRead Less
  • 09/10/2021
  • View Court Documents
  • Docket(#3) CORPORATE DISCLOSURE STATEMENT filed by M-Red Inc. identifying Corporate Parent Quest Patent Research Corporation for M-Red Inc.. (Fabricant, Alfred) (Entered: 09/10/2021)

    Read MoreRead Less
  • 09/10/2021
  • View Court Documents
  • 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. (Fabricant, Alfred) (Entered: 09/10/2021)

    Read MoreRead Less
  • 09/10/2021
  • View Court Documents
  • Docket(#1) COMPLAINT for Patent Infringement against Giga-Byte Technology Co., Ltd. ( Filing fee $ 402 receipt number 0540-8576858.), filed by M-Red Inc.. (Attachments: #1 Civil Cover Sheet)(Fabricant, Alfred) (Entered: 09/10/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where M-Red Inc. is a litigant

Latest cases where Giga-byte Technology Co., Ltd. is a litigant

Latest cases represented by Lawyer Peter Lambrianakos

Latest cases represented by Lawyer Alfred Ross Fabricant