This case was last updated from U.S. District Courts on 04/19/2022 at 08:36:52 (UTC).

M4siz Limited v. Walmart Inc.

Case Summary

On February 18, 2022, M4siz Limited (“Plaintiff” or “M4siz”), represented by Kyril V. Talanov of Ahmad Zavitsanos Anaipakos Alavi & Mensing PC and William P. Ramey, III of Ramey & Schwaller LLP, filed an intellectual lawsuit against Walmart Inc (“Walmart” or “Defendant”), seeking damages along with pre- and post-judgment interest for the Defendant’s alleged infringement of the United States Patent owned by the Plaintiff. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

The Plaintiff filed this complaint for the alleged infringement of U.S. Patent No. 6,526,402 (“the ‘402 patent” or “Patent-in-suit”) owned by the Plaintiff.

 

In their complaint, the Plaintiff alleged that, “Defendant has, under 35 U.S.C. §271(a), directly infringed, literally and/or under the doctrine of equivalents, one or more claims, including without limitation at least claim 1 of the ‘402 patent, by making, using, testing, selling, offering for sale and/or importing into the United States Defendant’s AccusedProducts.”

 

The Plaintiffs further alleged that, “Defendant also indirectly infringed the ‘402 patent by actively inducing the direct infringement by third parties under 35 U.S.C. § 271(b). Defendant has actively aided, abetted and induced others to directly infringe at least one claim of the ‘402patent (such as its customers in this District and throughout the United States). Defendant has contributorily infringed because it supplied a material part of an infringing method and/or system, where the material part is not a staple article of commerce and is incapable of substantial noninfringing use. Defendant contributed to its customers’ infringement because Defendant supplied the technology that allowed its customers to infringe the patent.”

 

The Plaintiff also alleged that, “Defendant provided information and technical support to its customers, including product manuals, brochures, videos, demonstrations, and website materials encouraging its customers to purchase and instructing them to use Defendant’s Accused Products (which are acts of direct infringement of the ‘402 patent).”

 

The only claim for relief laid down by the Plaintiff is for the alleged infringement of U.S. Patent No. 6,526,402 (“the ‘402 patent” or “Patent-in-suit”) owned by the Plaintiff.

 

In their prayer for relief, the Plaintiff requested the Court for a judgment that Defendant has directly infringed, either literally and/or under the doctrine of equivalents, the patent-in-suit and award damages under 35 U.S.C. § 284, including past damages based on, inter alia, any necessary compliance with 35 U.S.C. §287 and award supplemental damages for any continuing post-verdict infringement along with pre- and post-judgment interest, costs and attorneys fees or any other such relief that the Court deems appropriate.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:22-CV-00174

  • Filing Date:

    02/18/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

M4siz Limited

Defendant

Walmart Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Kyril Vladimir Talanov

Attorney at Ramey LLP

5020 Montrose Blvd., Suite 800

Houston, TX 77006

William P. Ramey, III

Attorney at Ramey & Schwaller, LLP

5020 Montrose Blvd., Suite 800

Houston, TX 77006

 

Court Documents

#1

(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15732466), filed by M4siz Limited. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Ramey, William) (Entered: 02/18/2022)

1 #1

Exhibit

1 #2

Civil Cover Sheet

#2

(#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: 02/18/2022)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS by M4siz Limited. (Ramey, William) (Entered: 02/18/2022)

#4

(#4) Summons Issued as to Walmart Inc.. (lad) (Entered: 02/18/2022)

#5

(#5) SUMMONS Returned Executed by M4siz Limited. Walmart Inc. served on 2/21/2022, answer due 3/14/2022. (Ramey, William) (Entered: 02/24/2022)

#6

(#6) NOTICE UNOPPOSED FOR EXTENSION OF TIME TO ANSWER by M4siz Limited (Ramey, William) (Entered: 03/08/2022)

#7

(#7) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 04/14/2022)

 

Docket Entries

  • 04/14/2022
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  • Docket(#7) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 04/14/2022)

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  • 03/10/2022
  • DocketParties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda) (Entered: 03/10/2022)

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  • 03/08/2022
  • DocketReset Deadlines: Walmart Inc. answer due 4/28/2022. (zv) (Entered: 03/08/2022)

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  • 03/08/2022
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  • Docket(#6) NOTICE UNOPPOSED FOR EXTENSION OF TIME TO ANSWER by M4siz Limited (Ramey, William) (Entered: 03/08/2022)

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  • 02/24/2022
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  • Docket(#5) SUMMONS Returned Executed by M4siz Limited. Walmart Inc. served on 2/21/2022, answer due 3/14/2022. (Ramey, William) (Entered: 02/24/2022)

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  • 02/18/2022
  • 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: 02/18/2022)

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  • 02/18/2022
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  • Docket(#4) Summons Issued as to Walmart Inc.. (lad) (Entered: 02/18/2022)

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  • 02/18/2022
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 02/18/2022)

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  • 02/18/2022
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS by M4siz Limited. (Ramey, William) (Entered: 02/18/2022)

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  • 02/18/2022
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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: 02/18/2022)

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  • 02/18/2022
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15732466), filed by M4siz Limited. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Ramey, William) (Entered: 02/18/2022)

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