On June 17, 2021, MediaTek Inc. and MediaTek USA Inc. (“MediaTek” or “Plaintiffs”) represented by Kevin P. B. Johnson of Quinn Emanuel Urquhart and Sullivan LLP filed an intellectual property lawsuit against NXP Semiconductors N.V. and NXP USA, Inc. (collectively, “NXP”), Avnet, Inc. (“Avnet”), Arrow Electronics, Inc. (“Arrow”), Denso Ten Limited and others (collectively, “Defendants”), seeking damages along with prejudgment and post judgement interest among other reliefs for the alleged infringement of the United States patents of the Plaintiff. The case was filed in the United States District Court in the Central District of California.
The Plaintiff filed this complaint for the alleged infringement of the U.S. Patent No. 6,738,845 (the “’845 patent”), U.S. Patent No. 6,823,451 (the “’451 patent”), U.S. Patent No. 8,464,037 (the “’037 patent”), U.S. Patent No. 9,265,056, (the “’056 patent”), U.S. Patent No. 9,538,531 (the “’531 patent”), and U.S. Patent No. 10,211,948 (the “’948 patent”) (collectively, “the Asserted Patents” or “Patents-in-suit”) owned by them.
In the complaint, the Plaintiff alleged that, “In violation of 35 U.S.C. § 271(a), Defendants identified in the Complaint have infringed the ’037 patent by making, using, selling, offering for sale, and/or importing into the United States, without authority, the Accused ’037 NXP Products which practice each and every limitation of at least claim 19 of the ’037 patent. Defendants have infringed literally and/or under the doctrine of equivalents.”
Further, the Plaintiff alleged that, “NXP has had knowledge of the ’037 patent and its infringement of the ’037 Patent at least since the service of this complaint” and “NXP has contributed to the infringement by its customers of the ’037 Patent by, without authority, importing, selling and offering to sell within the United States materials and apparatuses for practicing the claimed invention of the ’037 patent both inside and outside the United States.”
The Plaintiff also alleged that, “Defendants’ infringement of the ’037 patent has been and continues to be willful. Defendants have had knowledge of the ’037 patent and its infringement of the ’037 patent at least since the service of this complaint. Defendants have deliberately continued to infringe in a wanton, malicious, and egregious manner, with reckless disregard for MediaTek’s patent rights.”
Similar allegations have been made by the Plaintiff with reference to the infringement of other Patents-in-suit.
Other than these allegations, the Plaintiff also alleged that the Defendants other than NXP “uses, imports, offers for sale, and/or sells at least one of the Accused ’451 NXP products and the Accused ’037 NXP products at least by selling and offering to sell the Accused ’451 NXP Products and the Accused ’037 NXP products as part of their own products in the United States.”
There are six claims for relief laid down by the Plaintiff, one for the alleged infringement of each of the Patents-in-suit.
In the prayer for relief, the Plaintiff has requested the Court to declare that Defendants have infringed the asserted patents, and award damages for the alleged infringement of the Asserted Patents pursuant to 35 U.S.C. § 284 along with prejudgment and post judgement interests. The Plaintiff also requested the Court to grant an award to Plaintiff for its attorneys’ fees and costs pursuant to 35 U.S.C.§ 285 and any other relief the Court deems just and equitable.
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2:21-CV-04969
06/17/2021
Pending - Other Pending
Intellectual Property - Patent
George H. Wu
Alexander F. MacKinnon
MediaTek USA Inc.
Mediatek Inc.
NXP USA, Inc.
Denso Ten America Limited
NXP Semiconductors N.V.
Arrow Electronics, Inc.
Robert Bosch LLC
Denso Ten Limited
Avnet, Inc.
Robert Bosch GmbH
Continental AG
Continental Automotive GmbH
Kevin P. B. Johnson
Attorney at Quinn Emanuel Urquhart and Sullivan LLP
555 Twin Dolphin Drive 5Th Floor
Redwood Shores, CA 94065
Lance L Yang
Attorney at Quinn Emanuel Urquhart Sullivan LLP
865 South Figueroa Street 10Th Floor
Los Angeles, CA 90017
Sean S Pak
Attorney at Quinn Emmanuel Urquhart and Sullivan LLP
50 California Street 22Nd Floor
San Francisco, CA 94111-4788
David H Ben-Meir
Attorney at Norton Rose Fulbright LLP
555 South Flower Street 41St Floor
Los Angeles, CA 90071
Brian A Sun
Attorney at Norton Rose Fulbright US LLP
555 South Flower Street Suite 41St Floor
Los Angeles, CA 90071
Eric C. Green
Attorney at Norton Rose Fubright US LLP
98 San Jacinto Boulevard Suite 1100
Austin, TX 78701
Proposed Order
Main Document
Proposed Order Granting
Main Document
Exhibit F
Exhibit E
Exhibit D
Exhibit C
Exhibit B
Exhibit A
Main Document
Docket(#31) NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Eric C. Green to Appear Pro Hac Vice on behalf of Defendants NXP Semiconductors N.V., NXP USA, Inc., Robert Bosch LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31799835) #30 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state courts to which the applicant has been admitted are not listed. Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): The attorney seeking to appear pro hac vice must complete Section 1 of this Application, personally sign, in ink, the certification in Section II, and have the designated Local Counsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. See Instructions for Applicants (1) (G-64). (lt) (Entered: 08/13/2021)
[-] Read LessDocket(#30) APPLICATION of Non-Resident Attorney Eric C. Green to Appear Pro Hac Vice on behalf of Defendants NXP Semiconductors N.V., NXP USA, Inc., Robert Bosch LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31799835) filed by Defendants NXP Semiconductors N.V., NXP USA, Inc., Robert Bosch LLC. (Attachments: #1 Proposed Order) (Ben-Meir, David) (Entered: 08/12/2021)
[-] Read LessDocket(#28) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance, #26 , Notice of Appearance, #27 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 08/12/2021)
[-] Read LessDocket(#27) NOTICE of Appearance filed by attorney Brian A Sun on behalf of Defendants Arrow Electronics, Inc., Robert Bosch LLC (Attorney Brian A Sun added to party Arrow Electronics, Inc.(pty:dft), Attorney Brian A Sun added to party Robert Bosch LLC(pty:dft))(Sun, Brian) (Entered: 08/11/2021)
[-] Read LessDocket(#26) NOTICE of Appearance filed by attorney David H Ben-Meir on behalf of Defendants Arrow Electronics, Inc., Robert Bosch LLC (Attorney David H Ben-Meir added to party Arrow Electronics, Inc.(pty:dft), Attorney David H Ben-Meir added to party Robert Bosch LLC(pty:dft))(Ben-Meir, David) (Entered: 08/11/2021)
[-] Read LessDocket(#29) ORDER REGARDING JOINT MOTION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT by Judge George H. Wu, re Stipulation to Extend Time to Answer (More than 30 days) #25 . Defendants' Arrow Electronics, Inc., Avnet, Inc., NXP Semiconductors N.V., NXP USA, Inc., Robert Bosch LLC deadline to file their responsive pleading to the complaint shall be October 11, 2021. (mrgo) (Entered: 08/12/2021)
[-] Read LessDocket(#25) STIPULATION for Extension of Time to File Answer to 10/11/2021 filed by Plaintiffs MediaTek USA Inc., Mediatek Inc.. (Attachments: #1 Proposed Order Granting)(Pak, Sean) (Entered: 08/10/2021)
[-] Read LessDocket(#24) Notice of Appearance or Withdrawal of Counsel: for attorney Brian A Sun counsel for Defendants NXP Semiconductors N.V., NXP USA, Inc.. Adding Brian A. Sun as counsel of record for NXP Semiconductors N.V. and NXP USA, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant NXP Semiconductors N.V. and NXP USA, Inc.. (Attorney Brian A Sun added to party NXP Semiconductors N.V.(pty:dft), Attorney Brian A Sun added to party NXP USA, Inc.(pty:dft))(Sun, Brian) (Entered: 08/10/2021)
[-] Read LessDocket(#23) Notice of Appearance or Withdrawal of Counsel: for attorney David H Ben-Meir counsel for Defendants NXP Semiconductors N.V., NXP USA, Inc.. Adding David H. Ben-Meir as counsel of record for NXP Semiconductors N.V. and NXP USA, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant NXP Semiconductor N.V. and NXP USA, Inc.. (Attorney David H Ben-Meir added to party NXP Semiconductors N.V.(pty:dft), Attorney David H Ben-Meir added to party NXP USA, Inc.(pty:dft))(Ben-Meir, David) (Entered: 08/10/2021)
[-] Read LessDocket(#22) STIPULATION for Extension of Time to File Answer to 10/11/2021 re Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs MediaTek USA Inc., Mediatek Inc.. (Attachments: #1 Proposed Order)(Pak, Sean) (Entered: 08/05/2021)
[-] Read LessDocket(#10) STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. (See document for details) (mrgo) (Entered: 06/24/2021)
[-] Read LessDocket(#9) NOTICE AND ORDER REGARDING TRANSFER AND/OR REASSIGNMENT OF PATENT CASE by Judge Stanley Blumenfeld, Jr. Case transferred from Judge Stanley Blumenfeld, Jr to Judge George H. Wu for all further proceedings. Case number now reads 2:21-cv-04969 GW(AFMx). (rn) (Entered: 06/22/2021)
[-] Read LessDocket(#8) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Arrow Electronics, Inc., Avnet, Inc., Continental AG, Continental Automotive GmbH, Denso Ten America Limited, Denso Ten Limited, MediaTek USA Inc., NXP Semiconductors N.V., NXP USA, Inc., Robert Bosch GmbH, Robert Bosch LLC. (lh) (Entered: 06/21/2021)
[-] Read LessDocket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 06/21/2021)
[-] Read LessDocket(#6) NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Alexander F. MacKinnon. (lh) (Entered: 06/21/2021)
[-] Read LessDocket(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs MediaTek USA Inc., Mediatek Inc.. (Johnson, Kevin) (Entered: 06/17/2021)
[-] Read LessDocket(#4) REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by MediaTek USA Inc., Mediatek Inc.. (Johnson, Kevin) (Entered: 06/17/2021)
[-] Read LessDocket(#3) NOTICE of Interested Parties filed by Plaintiffs MediaTek USA Inc., Mediatek Inc., (Johnson, Kevin) (Entered: 06/17/2021)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed by Plaintiffs MediaTek USA Inc., Mediatek Inc.. (Johnson, Kevin) (Entered: 06/17/2021)
[-] Read LessDocket(#1) COMPLAINT Receipt No: ACACDC-31489427 - Fee: $402, filed by Plaintiff MediaTek USA Inc., Mediatek Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Attorney Kevin P. B. Johnson added to party MediaTek USA Inc.(pty:pla), Attorney Kevin P. B. Johnson added to party Mediatek Inc.(pty:pla))(Johnson, Kevin) (Entered: 06/17/2021)
[-] Read Less