This case was last updated from U.S. District Courts on 01/28/2023 at 09:32:06 (UTC).

Mellaconic IP LLC v. Paychex, Inc.

Case Summary

On November 29, 2022, Mellaconic IP LLC (“Mellaconic” or “Plaintiff”), represented by Andrew S. Curfman of Sand, Sebolt & Wernow Co., LPA, filed an intellectual property lawsuit against Paychex, Inc. (“Defendant”), seeking declaratory and injunctive relief with damages for alleged patent infringement.This case was filed in the U.S. District Court for the Western District of Texas. 

Plaintiff filed this complaint for the alleged infringement of the U.S. patent No. 9,986,435 (“the ‘435 Patent” or the “Patent-in-Suit”), entitled “Autonomous, Non-Interactive, Context-Based Services For Cellular Phone.”

In the complaint, the plaintiff alleged, “Defendant commercializes, inter alia, methods that perform all the steps recited in at least one claim of the ‘435 Patent. More particularly, Defendant commercializes, inter alia, methods that perform all the steps recited in Claim 1 of the ‘435 Patent. Specifically, Defendant makes, uses, sells, offers for sale, or imports a method that encompasses that which is covered by Claim 1 of the ‘435 Patent.”

The plaintiff then alleged, “Defendant offers solutions, such as ‘Paychex Flex Application’ (the ‘Accused Product’), that practices a method to perform an action (e.g., punching In/Out, etc.).”

The plaintiff further alleged, “Defendant has had knowledge of infringement of the ‘435 Patent at least as of the service of the present Complaint.”

Plaintiffs also alleged, “Defendant has directly infringed and continues to directly infringe at least one claim of the ‘435 Patent by using, at least through internal testing or otherwise, the Accused Product without authority in the United States, and will continue to do so unless enjoined by this Court. As a direct and proximate result of Defendant’s direct infringement of the ‘435 Patent, Plaintiff has been and continues to be damaged.”

The plaintiff additionally alleged, “Defendant has induced others to infringe the ‘435 Patent by encouraging infringement, knowing that the acts Defendant induced constituted patent infringement, and its encouraging acts actually resulted in direct patent infringement.”

Plaintiff then alleged, “Defendant has committed these acts of infringement without license or authorization.”

Plaintiff presented one claim for relief from alleged infringement of the patent-in-suit.

In the prayer for relief, the plaintiff requested declaratory and injunctive relief along with an award of damages, including enhanced damages with pre- and post-judgment interest.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:22-CV-01230

  • Filing Date:

    11/29/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Xavier Rodriguez

 

Party Details

Plaintiff

Mellaconic IP LLC

Defendant

Paychex, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Andrew S. Curfman

Attorney at Sand, Sebolt & Wernow Co., LPA

Aegis Tower - Suite 1100, 4940 Munson Street Nw

Canton, OH 44718

 

Court Documents

1 #1

Main Document

1 #1

Exhibit A-US9986435

1 #2

Exhibit B-Claim Chart

1 #3

Civil Cover Sheet

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by Mellaconic IP LLC. (Curfman, Andrew) (Entered: 11/29/2022)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Curfman, Andrew) (Main Document 3 replaced on 11/29/2022) (lad). (Entered: 11/29/2022)

#4

(#4) RULE 7 DISCLOSURE STATEMENT filed by Mellaconic IP LLC. (Curfman, Andrew) (Entered: 11/29/2022)

#5

(#5) Summons Issued as to Paychex, Inc.. (lad) (Entered: 11/30/2022)

#6

(#6) SUMMONS Returned Executed by Mellaconic IP LLC. Paychex, Inc. served on 12/1/2022, answer due 12/22/2022. (Curfman, Andrew) (Entered: 12/01/2022)

#7

(#7) ORDER AND ADVISORY. It is ORDERED that the Plaintiff(s) confer with the Defendant(s) as required by Fed. R. Civ. P 26(f) to submit (1) a proposed scheduling order and (2) a Rule 26(f) Report in the formats shown in the attached documents for the Courts consideration by January 3, 2023. Failure to do so may result in the Courts entering its own scheduling order. Signed by Judge Xavier Rodriguez. (zv) (Entered: 12/01/2022)

8 #8

Main Document

8 #1

Proposed Order

9 #9

Main Document

9 #1

Proposed Order

5 More Documents Available
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Docket Entries

  • 01/24/2023
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  • Docket(#11) ORDER GRANTING #10 Motion to Stay Case All Deadlines and Notice of Settlement. ORDERS the parties to submit a stipulation of dismissal or an agreed judgment and any appropriate supporting documents on or before February 24, 2023. See FED. R. CIV. P. 41. Should the parties be unable to finalize the settlement and submit appropriate documents by that date, they must request an extension of time to do so. Signed by Judge Xavier Rodriguez. (zv) (Entered: 01/24/2023)

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  • 01/20/2023
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  • Docket(#10) MOTION to Stay Case All Deadlines and Notice of Settlement by Mellaconic IP LLC. (Attachments: #1 Proposed Order)(Curfman, Andrew) (Entered: 01/20/2023)

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  • 12/26/2022
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  • DocketText Order GRANTING #9 Motion for Extension of Time to File entered by Judge Xavier Rodriguez. Parties have until February 2, 2023 to file their proposed scheduling order, Rule 26(f) report, and to indicate whether they consent to magistrate judge jurisdiction. Further, parties' request to provide initial disclosures by January 30, 2023 is granted. If additional time is needed, parties must request an extension by the above dates. (This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc) (Entered: 12/26/2022)

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  • 12/22/2022
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  • Docket(#9) Unopposed MOTION for Extension of Time to File Proposed Scheduling Order, Rule 26(f) Report, Consent to Magistrate and to Serve Initial Disclosures by Mellaconic IP LLC. (Attachments: #1 Proposed Order)(Curfman, Andrew) (Entered: 12/22/2022)

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  • 12/13/2022

  • DocketReset Deadlines: Paychex, Inc. answer due 1/23/2023. (zv) (Entered: 12/13/2022)

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  • 12/13/2022
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  • DocketText Order GRANTING #8 Motion for Extension of Time to Answer entered by Judge Xavier Rodriguez. Defendant has until January 23, 2023 to file its responsive pleading or to request an extension to do so. (This is a text-only entry generated by the court. There is no document associated with this entry.) (szlc) (Entered: 12/13/2022)

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  • 12/08/2022
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  • Docket(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Mellaconic IP LLC. (Attachments: #1 Proposed Order)(Curfman, Andrew) (Entered: 12/08/2022)

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  • 12/01/2022
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  • Docket(#7) ORDER AND ADVISORY. It is ORDERED that the Plaintiff(s) confer with the Defendant(s) as required by Fed. R. Civ. P 26(f) to submit (1) a proposed scheduling order and (2) a Rule 26(f) Report in the formats shown in the attached documents for the Courts consideration by January 3, 2023. Failure to do so may result in the Courts entering its own scheduling order. Signed by Judge Xavier Rodriguez. (zv) (Entered: 12/01/2022)

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  • 12/01/2022
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  • Docket(#6) SUMMONS Returned Executed by Mellaconic IP LLC. Paychex, Inc. served on 12/1/2022, answer due 12/22/2022. (Curfman, Andrew) (Entered: 12/01/2022)

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  • 11/30/2022
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  • Docket(#5) Summons Issued as to Paychex, Inc.. (lad) (Entered: 11/30/2022)

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  • 11/29/2022

  • DocketCase assigned to Judge Xavier Rodriguez due to related cases. 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: 11/30/2022)

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  • 11/29/2022
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  • Docket(#4) RULE 7 DISCLOSURE STATEMENT filed by Mellaconic IP LLC. (Curfman, Andrew) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Curfman, Andrew) (Main Document 3 replaced on 11/29/2022) (lad). (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by Mellaconic IP LLC. (Curfman, Andrew) (Entered: 11/29/2022)

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  • 11/29/2022
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-16795898), filed by Mellaconic IP LLC. (Attachments: #1 Exhibit A-US9986435, #2 Exhibit B-Claim Chart, #3 Civil Cover Sheet)(Curfman, Andrew) (Entered: 11/29/2022)

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