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This case was last updated from PACER on 04/20/2021 at 11:48:38 (UTC).

Maxell, Ltd. v. Apple Inc.

Case Summary

On February 19, 2021, Maxell, Ltd. (“Plaintiff” or “Maxell”), represented by Michael Chibib of Bracewell LLP, filed an intellectual property lawsuit against Apple Inc.(“Defendant” or “Apple”), seeking permanent injunctive relief and damages among other reliefs for allegedly infringing Maxell’s intellectual property relating to Communication Apparatus for Transmitting and Receiving Digital Information To and From Another Communication Apparatus and various other technologies. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

The Plaintiff alleged that the Defendants have infringed one or more claims under United States Patent Numbers 10,911,719 (“the ’719 Patent”), 10,389,978 (“the ‘978 Patent”), 8,736,729 (“the ‘729 Patent”), 6,816,491 (“the ‘491 Patent”), 8,098,695 (“the ‘695 Patent”), 7,551,209 (“the ‘209 Patent”), 8,130,284 (“the ‘284 Patent”), 10,264,456 (‘the ‘456 Patent”), 10,418,069 (“the ‘069 Patent”), 7,072,673 (“the ‘673 Patent”), 10,529,372 (“the ‘372 Patent”) and 6,484,034 (‘the ‘034 Patent”) owned by Maxell.

 

The Plaintiff alleged that “Apple has indirectly infringed at least claim 1 of the ’719 Patent, by, among other things, contributing to the direct infringement of others, including customers of the ’719 Accused Products by making, offering to sell, or selling, in the United States, or importing a component of a patented machine, manufacture, or combination, or an apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in infringement of the ’719 Patent, and not a staple article or commodity of commerce suitable for substantial non-infringing use.”

 

Plaintiff further alleged that “Apple has been aware of an objectively high likelihood that its actions constituted and continue to constitute infringement of the ’034 Patent, and that the ’034 Patent is valid. On information and belief, Apple could not reasonably, subjectively believe that its actions do not constitute infringement of the ’034 Patent, nor could it reasonably, subjectively believe that the patent is invalid. Despite that knowledge and subjective belief, and the objectively high likelihood that its actions constitute infringement, Apple has continued its infringing activities.” and that “Apple specifically intends for its customers to use the accused functionality in an infringing manner. Apple is thereby liable for infringement of the ’034 Patent pursuant to 35 U.S.C. § 271(b).



Twelve claims for relief laid down by the Plaintiff are for the alleged infringement of one or more claims of ’719, ’978, ’729, ’491, ’695, ’209, ’284, ’456, ’069, ’673, ’372, and ’034 Patents. 

 

In the prayer for relief, Plaintiff has requested the court to pass an order that Apple has infringed and is infringing one or more claims of the ’719, ’978, ’729, ’491, ’695, ’209, ’284, ’456, ’069, ’673, ’372, and ’034 Patents, that Plaintiff is entitled to damages as a result of Defendant’s alleged infringement which should in no event be less than a reasonable royalty. Plaintiff further requested the court to award Maxell treble damages and pre-judgment interest under 35 U.S.C. § 284, preliminary and permanent injunctions enjoining Defendant from further acts of alleged infringement along with costs of action.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00158

  • Filing Date:

    02/19/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Maxell, Ltd.

Defendant

Apple Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Michael Chibib

Attorney at Bracewell LLP

111 Congress Ave., Suite 2300

Austin, TX 78701

Kelly B. Tidwell

Attorney at Patton, Tidwell & Culbertson, LLP

2800 Texas Boulevard

Texarkana, TX 75503

Geoff Culbertson

Attorney at Patton, Tidwell & Culbertson, LLP

2800 Texas Boulevard

Texarkana, TX 75503

Ryan Bradley McBeth

Attorney at Bracewell LLP

711 Louisiana Street, Suite 2300

Houston, TX 77002-2770

Defendant Attorneys

Christine K. Corbett

Attorney at DLA Piper LLP (US)

2000 University Avenue

East Palo Alto, CA 94303-2241

Matthew Satchwell

Attorney at DLA Piper LLP (US)

444 West Lake Street, Suite 900

Chicago, IL 60606-0089

John Michael Guaragna

Attorney at DLA Piper LLP (US)

303 Colorado Street, Suite 3000

Austin, TX 78701

 

Court Documents

#15

(#15) Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (bot2) (Entered: 04/01/2021)

14 #1

Proposed Order

#14

(#14) Joint MOTION to Dismiss by Maxell and Apple by Maxell, Ltd.. (Attachments: #1 Proposed Order)(Chibib, Michael) (Entered: 03/24/2021)

#13

(#13) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Matthew D. Satchwell ( Filing fee $ 100 receipt number 0542-14568104) by on behalf of Apple Inc.. (Guaragna, John) (Entered: 03/08/2021)

#12

(#12) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Christine Corbett ( Filing fee $ 100 receipt number 0542-14568103) by on behalf of Apple Inc.. (Guaragna, John) (Entered: 03/08/2021)

11 #1

Proposed Order

#11

(#11) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, or Otherwise Respond by Apple Inc.. (Attachments: #1 Proposed Order)(Guaragna, John) (Entered: 03/04/2021)

1 #13

Civil Cover Sheet Civil Cover Sheet

1 #12

Exhibit Ex. 12 - US6484034

1 #10

Exhibit Ex. 10 - US7072673

1 #9

Exhibit Ex. 9 - US10418069

1 #8

Exhibit Ex. 8 - US10264456

1 #7

Exhibit Ex. 7 - US8130284

1 #6

Exhibit Ex. 6 - US7551209

1 #3

Exhibit Ex. 3 - US8736729

1 #2

Exhibit Ex. 2 - US10389978

1 #1

Exhibit Ex. 1 - US10911719

#1

(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14502926), filed by Maxell, Ltd.. (Attachments: #1 Exhibit Ex. 1 - US10911719, #2 Exhibit Ex. 2 - US10389978, #3 Exhibit Ex. 3 - US8736729, #4 Exhibit Ex. 4 - US6816491, #5 Exhibit Ex. 5 - US8098695, #6 Exhibit Ex. 6 - US7551209, #7 Exhibit Ex. 7 - US8130284, #8 Exhibit Ex. 8 - US10264456, #9 Exhibit Ex. 9 - US10418069, #10 Exhibit Ex. 10 - US7072673, #11 Exhibit Ex. 11 - US10529372, #12 Exhibit Ex. 12 - US6484034, #13 Civil Cover Sheet Civil Cover Sheet)(Chibib, Michael) (Entered: 02/19/2021)

19 More Documents Available
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Docket Entries

  • 04/01/2021
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  • Docket(#15) Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (bot2) (Entered: 04/01/2021)

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  • 04/01/2021
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  • DocketText Order GRANTING #14 Motion to Dismiss entered by Judge Alan D Albright. IT IS THEREFORE ORDERED that all claims for relief asserted against APPLE INC. by MAXELL, LTD. herein are dismissed, with prejudice; and IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 04/01/2021)

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  • 03/24/2021
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  • Docket(#14) Joint MOTION to Dismiss by Maxell and Apple by Maxell, Ltd.. (Attachments: #1 Proposed Order)(Chibib, Michael) (Entered: 03/24/2021)

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  • 03/17/2021
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  • DocketText Order GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Matthew Satchwell for Apple Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 03/17/2021)

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  • 03/17/2021
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  • DocketText Order GRANTING #12 Motion to Appear Pro Hac Vice for Attorney Christine K. Corbett for Apple Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 03/17/2021)

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  • 03/12/2021
  • DocketReset Deadlines: Apple Inc. answer due 5/7/2021. (am) (Entered: 03/12/2021)

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  • 03/11/2021
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  • DocketText Order GRANTING #11 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Apple's deadline to answer, move, or otherwise respond to Maxell's Complaint (Dkt. 1) is extended until May 7, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 03/11/2021)

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  • 03/08/2021
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  • Docket(#13) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Matthew D. Satchwell ( Filing fee $ 100 receipt number 0542-14568104) by on behalf of Apple Inc.. (Guaragna, John) (Entered: 03/08/2021)

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  • 03/08/2021
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  • Docket(#12) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Christine Corbett ( Filing fee $ 100 receipt number 0542-14568103) by on behalf of Apple Inc.. (Guaragna, John) (Entered: 03/08/2021)

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  • 03/04/2021
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  • Docket(#11) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, or Otherwise Respond by Apple Inc.. (Attachments: #1 Proposed Order)(Guaragna, John) (Entered: 03/04/2021)

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  • 03/03/2021
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  • Docket(#10) SUMMONS Returned Executed by Maxell, Ltd.. Apple Inc. served on 3/2/2021, answer due 3/23/2021. (Chibib, Michael) (Entered: 03/03/2021)

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  • 02/22/2021
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  • Docket(#8) Summons Issued as to Apple Inc.. (lad) (Entered: 02/22/2021)

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  • 02/19/2021
  • 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: 02/22/2021)

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  • 02/19/2021
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  • Docket(#6) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Chibib, Michael) (Entered: 02/19/2021)

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  • 02/19/2021
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  • Docket(#5) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Chibib, Michael) (Entered: 02/19/2021)

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  • 02/19/2021
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  • Docket(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Chibib, Michael) (Entered: 02/19/2021)

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  • 02/19/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by Maxell, Ltd.. (Chibib, Michael) (Entered: 02/19/2021)

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  • 02/19/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by Maxell, Ltd.. (Chibib, Michael) (Entered: 02/19/2021)

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  • 02/19/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14502926), filed by Maxell, Ltd.. (Attachments: #1 Exhibit Ex. 1 - US10911719, #2 Exhibit Ex. 2 - US10389978, #3 Exhibit Ex. 3 - US8736729, #4 Exhibit Ex. 4 - US6816491, #5 Exhibit Ex. 5 - US8098695, #6 Exhibit Ex. 6 - US7551209, #7 Exhibit Ex. 7 - US8130284, #8 Exhibit Ex. 8 - US10264456, #9 Exhibit Ex. 9 - US10418069, #10 Exhibit Ex. 10 - US7072673, #11 Exhibit Ex. 11 - US10529372, #12 Exhibit Ex. 12 - US6484034, #13 Civil Cover Sheet Civil Cover Sheet)(Chibib, Michael) (Entered: 02/19/2021)

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