This case was last updated from PACER on 06/04/2021 at 09:16:47 (UTC).

MCOM IP, LLC v. NCR Corporation

Case Summary

On April 5, 2021, mCom IP, LLC (“Plaintiff” or “mCom”), represented by William P. Ramey, III of Ramey & Schwaller, LLP filed an intellectual property lawsuit against NCR Corporation (“Defendant” or “NCR”), seeking declaratory and monetary relief, with pre-judgment and post-judgment interest for the alleged infringement of U.S Patent No. 8,862,508 (“the ‘508 patent”) (referred to as the “Patent-in-Suit”). This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding.

 

In its complaint, mCom alleged that “NCR maintains, operates, and administers methods and systems of unified banking systems that infringe one or more claims of the ‘508 patent, including one or more of claims 1-20, literally or under the doctrine of equivalents. Defendant put the inventions claimed by the ‘508 Patent into service (i.e., used them); but for Defendant’s actions, the claimed-inventions embodiments involving Defendant’s products and services would never have been put into service. Defendant’s acts complained of herein caused those claimed-invention embodiments as a whole to perform, and Defendant’s procurement of monetary and commercial benefit from it.” “NCR has and continues to induce infringement. NCR has actively encouraged or instructed others (e.g., its customers and/or the customers of its related companies), and continues to do so, on how to construct a unified banking system such as to cause infringement of one or more of claims 1–20 of the ’508 patent, literally or under the doctrine of equivalents. Moreover, NCR has known of the ’508 patent and the technology underlying it from at least the date of issuance of the patent.”

 

MCom further alleged that “NCR has and continues to contributorily infringe. NCR has actively encouraged or instructed others (e.g., its customers and/or the customers of its related companies), and continues to do so, on how to use its products and services (e.g., construction of unified banking system) and related services that provide unified banking systems such as to cause infringement of one or more of claims 1–20 of the ’508 patent, literally or under the doctrine of equivalents. Moreover, NCR has known of the ’508 patent and the technology underlying it from at least the date of issuance of the patent.”

 

In the only claim for relief laid down by the mCom, it has been claimed that the Defendant has allegedly infringed the claims of the patent-in-suit.

 

In its prayer for relief, mCom has requested the court to declare that the Defendant has infringed the claims of ’508 Patent; order compensatory damages in an amount no less than a reasonable royalty or lost profits, together with pre-judgment and post-judgment interest and costs; award additional and treble damages; award attorneys’ fees and costs and pass a decree addressing future infringement that either (i) awards a permanent injunction enjoining Defendant from infringement, or (ii) awards damages for future infringement in lieu of an injunction in an amount consistent with the fact that for future infringement the Defendant will be an adjudicated infringer of a valid patent, and trebles that amount in view of the fact that the future infringement will be willful as a matter of law.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00325

  • Filing Date:

    04/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

MCOM IP, LLC

Defendant

NCR Corporation

Attorney/Law Firm Details

Plaintiff Attorney

William P. Ramey, III

Attorney at Ramey & Schwaller, LLP

5020 Montose Blvd., Suite 800

Houston, TX 77006

Defendant Attorneys

Steven Mark Zager

Attorney at King & Spalding LLP

500 W. 2Nd St., Suite 1800

Austin, TX 78701

Jeffrey D. Mills

Attorney at King & Spalding

500 W. 2Nd Street, Suite 1800

Austin, TX 78701

 

Court Documents

8 #1

Proposed Order

#8

(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by NCR Corporation. (Attachments: #1 Proposed Order)(Mills, Jeffrey) (Entered: 04/29/2021)

#7

(#7) NOTICE of Attorney Appearance by Jeffrey D. Mills on behalf of NCR Corporation. Attorney Jeffrey D. Mills added to party NCR Corporation(pty:dft) (Mills, Jeffrey) (Entered: 04/29/2021)

#6

(#6) NOTICE of Attorney Appearance by Steven Mark Zager on behalf of NCR Corporation. Attorney Steven Mark Zager added to party NCR Corporation(pty:dft) (Zager, Steven) (Entered: 04/29/2021)

#5

(#5) SUMMONS Returned Executed by MCOM IP, LLC. NCR Corporation served on 4/15/2021, answer due 5/6/2021. (Ramey, William) (Entered: 04/16/2021)

#4

(#4) Summons Issued as to NCR Corporation. (lad) (Entered: 04/14/2021)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS by MCOM IP, LLC. for NCR CORPORATION (Ramey, William) (Entered: 04/14/2021)

#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: 04/05/2021)

1 #2

Civil Cover Sheet

1 #1

Exhibit US8862508

#1

(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14660910), filed by MCOM IP, LLC. (Attachments: #1 Exhibit US8862508, #2 Civil Cover Sheet)(Ramey, William) (Entered: 04/05/2021)

 

Docket Entries

  • 05/14/2021
  • DocketReset Deadlines: NCR Corporation answer due 6/7/2021. (lad) (Entered: 05/14/2021)

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  • 05/14/2021
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  • DocketText Order GRANTING #8 Motion for Extension of Time to Answer entered by Judge Alan D Albright. IT IS THEREFORE ORDERED that the deadline for Defendant NCR Corporation to move, answer or otherwise respond to Plaintiffs Complaint is extended until and including June 7, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JZ) (Entered: 05/14/2021)

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  • 04/29/2021
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  • Docket(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by NCR Corporation. (Attachments: #1 Proposed Order)(Mills, Jeffrey) (Entered: 04/29/2021)

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  • 04/29/2021
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  • Docket(#7) NOTICE of Attorney Appearance by Jeffrey D. Mills on behalf of NCR Corporation. Attorney Jeffrey D. Mills added to party NCR Corporation(pty:dft) (Mills, Jeffrey) (Entered: 04/29/2021)

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  • 04/29/2021
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  • Docket(#6) NOTICE of Attorney Appearance by Steven Mark Zager on behalf of NCR Corporation. Attorney Steven Mark Zager added to party NCR Corporation(pty:dft) (Zager, Steven) (Entered: 04/29/2021)

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  • 04/16/2021
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  • Docket(#5) SUMMONS Returned Executed by MCOM IP, LLC. NCR Corporation served on 4/15/2021, answer due 5/6/2021. (Ramey, William) (Entered: 04/16/2021)

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  • 04/14/2021
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  • Docket(#4) Summons Issued as to NCR Corporation. (lad) (Entered: 04/14/2021)

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  • 04/14/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS by MCOM IP, LLC. for NCR CORPORATION (Ramey, William) (Entered: 04/14/2021)

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  • 04/05/2021
  • 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: 04/05/2021)

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  • 04/05/2021
  • DocketAll parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 04/05/2021)

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  • 04/05/2021
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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: 04/05/2021)

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  • 04/05/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14660910), filed by MCOM IP, LLC. (Attachments: #1 Exhibit US8862508, #2 Civil Cover Sheet)(Ramey, William) (Entered: 04/05/2021)

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