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This case was last updated from PACER on 06/25/2021 at 07:48:40 (UTC).

MemoryWeb, LLC v. Samsung Electronics Co., Ltd. et al

Case Summary

On April 26, 2021, MemoryWeb, LLC (“Plaintiff” or “MemoryWeb”), represented by Arthur Gollwitzer, III of Michael Best & Friedrich LLP, filed an intellectual property lawsuit against Samsung Electronics Co., Ltd. (“Samsung Korea”) and Samsung Electronics America, Inc. (“Samsung America”) (collectively, “Defendants” or “Samsung”), seeking injunctive relief and damages among other reliefs, for alleged unlawful infringement of United States patents owned by Plaintiff. This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding.

 

MemoryWeb asserted that the Plaintiff filed this complaint for the alleged infringement of U.S. Patent No. 10,423,658 (“the ‘658 patent”), entitled “Method and Apparatus for Managing Digital Files.” and U.S. Patent No. 10,621,228 (“the ‘228 patent”), entitled “Method and Apparatus for Managing Digital Files.” (collectively, the “Asserted Patents”) owned by them.

 

The Plaintiff alleged that the Defendant has allegedly infringed Asserted Patents by “(i) shipping, manufacturing, distributing, offering for sale, selling, and advertising infringing products and services which practice one or more claimed methods in the Asserted Patents (“Accused Instrumentalities”); (ii) purposefully and voluntarily placing Accused Instrumentalities into this District and into the stream of commerce with the intention and expectation that they will be purchased and used in an infringing manner by consumers in this District, (iii) making, using, selling, offering to sell, and/or importing a photo application called Samsung Gallery for organizing and displaying digital files such as photos and videos according to methods claimed in the Asserted Patents.”

 

The Plaintiff further alleged that “The Accused Instrumentalities include, collectively, the Samsung Gallery application and at least those Samsung products incorporating and/or using the Samsung Gallery application discussed herein and (iv) actively inducing infringement of the ‘658 patent in at least the following manners: when Samsung’s customers or end users operate the Accused Instrumentalities including the Samsung Gallery application; when Samsung instructs or causes its customers or end users to download and install the Samsung Gallery application onto the Accused Instrumentalities; and by advertising, instructing and encouraging customers and end users (e.g., in user manuals or guides) to operate the Accused Instrumentalities in an infringing manner.”

 

In the two claims for relief laid down by the Plaintiff, infringement of the Asserted Patents in violation of 35 U.S.C. § 271 (b) has been claimed, wherein it has been alleged that Defendant has induced and continues to induce others with specific intent or willful blindness, actively aiding and abetting others to infringe, including customers, whose use of the Accused Instrumentalities constitutes alleged infringement of Asserted Patents.

 

In the prayer for relief, the Plaintiff has requested the court to declare that Samsung has infringed one or more claims of the ‘658 patent and the ‘228 patent, enter an order enjoining Samsung, from infringing the ‘658 patent and the ‘228 patent, Plaintiff further requested the court to award MemoryWeb damages adequate to compensate including prejudgment and post-judgment interest, costs, expenses and an accounting of all infringing acts including, but not limited to, those acts not presented at trial, grant treble damages if applicable, and award MemoryWeb its attorneys’ fees and costs of litigation

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00411

  • Filing Date:

    04/26/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

MemoryWeb, LLC

Defendants

Samsung Electronics America, Inc.

Samsung Electronics Co., Ltd.

Attorney/Law Firm Details

Plaintiff Attorneys

Arthur Gollwitzer, III

Attorney at Jackson Walker LLP

2700 Via Fortuna, Suite 250

Austin, TX 78746

Angelo J. Christopher

Attorney at Nixon Peabody LLP

70 W. Madison St., Suite #3500

Chicago, IL 60602

Zachary L. Sorman

Attorney at Nixon Peabody LLP

70 W. Madison, Suite 3500

Chicago, IL 60602

Daniel J. Schwartz

Attorney at Nixon Peabody LLP

70 W. Madison St., Suite #3500

Chicago, IL 60602

Defendant Attorney

Melissa Richards Smith

Attorney at Gillam and Smith, LLP

303 South Washington Avenue

Marshall, TX 75670

 

Court Documents

#14

(#14) Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

#13

(#13) NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of Samsung Electronics America, Inc., Samsung Electronics Co., Ltd.. Attorney Melissa Richards Smith added to party Samsung Electronics America, Inc.(pty:dft), Attorney Melissa Richards Smith added to party Samsung Electronics Co., Ltd.(pty:dft) (Smith, Melissa) (Entered: 05/18/2021)

#12

(#12) SUMMONS Returned Executed by MemoryWeb, LLC. Samsung Electronics America, Inc. served on 5/4/2021, answer due 5/25/2021. (Gollwitzer, Arthur) (Entered: 05/18/2021)

11 #1

Proposed Order

#11

(#11) Joint MOTION for Extension of Time to File Answer by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd.. (Attachments: #1 Proposed Order)(Smith, Melissa) (Entered: 05/17/2021)

#10

(#10) WAIVER OF SERVICE Returned Executed by Samsung Electronics Co., Ltd. as to Samsung Electronics Co., Ltd.. Waiver sent on 5/7/2021, answer due 8/5/2021. (Smith, Melissa) (Entered: 05/17/2021)

9 #1

Proposed Order

#9

(#9) MOTION to Appear Pro Hac Vice by Arthur Gollwitzer, III on behalf of Angelo J. Christopher ( Filing fee $ 100 receipt number 0542-14782666) by on behalf of MemoryWeb, LLC. (Attachments: #1 Proposed Order)(Gollwitzer, Arthur) (Entered: 05/07/2021)

8 #1

Proposed Order

#8

(#8) MOTION to Appear Pro Hac Vice by Arthur Gollwitzer, III on behalf of Zachary L. Sorman ( Filing fee $ 100 receipt number 0542-14782648) by on behalf of MemoryWeb, LLC. (Attachments: #1 Proposed Order)(Gollwitzer, Arthur) (Entered: 05/07/2021)

7 #1

Proposed Order

#7

(#7) MOTION to Appear Pro Hac Vice by Arthur Gollwitzer, III on behalf of Daniel J. Schwartz ( Filing fee $ 100 receipt number 0542-14782467) by on behalf of MemoryWeb, LLC. (Attachments: #1 Proposed Order)(Gollwitzer, Arthur) (Entered: 05/07/2021)

#6

(#6) Summons Issued as to Samsung Electronics America, Inc.. (lad) (Entered: 04/30/2021)

#5

(#5) Summons Issued as to Samsung Electronics Co., Ltd.. (lad) (Entered: 04/30/2021)

#4

(#4) REQUEST FOR ISSUANCE OF SUMMONS by MemoryWeb, LLC. (Gollwitzer, Arthur) (Entered: 04/29/2021)

#3

(#3) RULE 7 DISCLOSURE STATEMENT filed by MemoryWeb, LLC. (Gollwitzer, Arthur) (Entered: 04/26/2021)

#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. (Gollwitzer, Arthur) (Entered: 04/26/2021)

1 #2

Exhibit 2 - US Patent No. 10621228

17 More Documents Available
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Docket Entries

  • 06/16/2021
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  • Docket(#14) Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

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  • 05/18/2021
  • View Court Documents
  • Docket(#13) NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of Samsung Electronics America, Inc., Samsung Electronics Co., Ltd.. Attorney Melissa Richards Smith added to party Samsung Electronics America, Inc.(pty:dft), Attorney Melissa Richards Smith added to party Samsung Electronics Co., Ltd.(pty:dft) (Smith, Melissa) (Entered: 05/18/2021)

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  • 05/18/2021
  • View Court Documents
  • Docket(#12) SUMMONS Returned Executed by MemoryWeb, LLC. Samsung Electronics America, Inc. served on 5/4/2021, answer due 5/25/2021. (Gollwitzer, Arthur) (Entered: 05/18/2021)

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  • 05/18/2021
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  • DocketText Order GRANTING #9 Motion to Appear Pro Hac Vice for Attorney Angelo J. Christopher for MemoryWeb, LLC. 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.) (ir) (Entered: 05/18/2021)

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  • 05/18/2021
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  • DocketText Order GRANTING #8 Motion to Appear Pro Hac Vice for Attorney Zachary L. Sorman for MemoryWeb, LLC. 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.) (ir) (Entered: 05/18/2021)

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  • 05/18/2021
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  • DocketText Order GRANTING #7 Motion to Appear Pro Hac Vice for Attorney Daniel J. Schwartz for MemoryWeb, LLC. 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.) (ir) (Entered: 05/18/2021)

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  • 05/17/2021
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  • Docket(#11) Joint MOTION for Extension of Time to File Answer by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd.. (Attachments: #1 Proposed Order)(Smith, Melissa) (Entered: 05/17/2021)

    Read MoreRead Less
  • 05/17/2021
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  • Docket(#10) WAIVER OF SERVICE Returned Executed by Samsung Electronics Co., Ltd. as to Samsung Electronics Co., Ltd.. Waiver sent on 5/7/2021, answer due 8/5/2021. (Smith, Melissa) (Entered: 05/17/2021)

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  • 05/07/2021
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  • Docket(#9) MOTION to Appear Pro Hac Vice by Arthur Gollwitzer, III on behalf of Angelo J. Christopher ( Filing fee $ 100 receipt number 0542-14782666) by on behalf of MemoryWeb, LLC. (Attachments: #1 Proposed Order)(Gollwitzer, Arthur) (Entered: 05/07/2021)

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  • 05/07/2021
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  • Docket(#8) MOTION to Appear Pro Hac Vice by Arthur Gollwitzer, III on behalf of Zachary L. Sorman ( Filing fee $ 100 receipt number 0542-14782648) by on behalf of MemoryWeb, LLC. (Attachments: #1 Proposed Order)(Gollwitzer, Arthur) (Entered: 05/07/2021)

    Read MoreRead Less
  • 05/07/2021
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  • Docket(#7) MOTION to Appear Pro Hac Vice by Arthur Gollwitzer, III on behalf of Daniel J. Schwartz ( Filing fee $ 100 receipt number 0542-14782467) by on behalf of MemoryWeb, LLC. (Attachments: #1 Proposed Order)(Gollwitzer, Arthur) (Entered: 05/07/2021)

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  • 04/30/2021
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  • Docket(#6) Summons Issued as to Samsung Electronics America, Inc.. (lad) (Entered: 04/30/2021)

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  • 04/30/2021
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  • Docket(#5) Summons Issued as to Samsung Electronics Co., Ltd.. (lad) (Entered: 04/30/2021)

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  • 04/29/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by MemoryWeb, LLC. (Gollwitzer, Arthur) (Entered: 04/29/2021)

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  • 04/27/2021
  • DocketAll parties shall flatten all documents before e-filing. All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (Entered: 04/27/2021)

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  • 04/26/2021
  • 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. (bw) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by MemoryWeb, LLC. (Gollwitzer, Arthur) (Entered: 04/26/2021)

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  • 04/26/2021
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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. (Gollwitzer, Arthur) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14738359). No Summons requested at this time, filed by MemoryWeb, LLC. (Attachments: #1 Exhibit 1 - US Patent No. 10423658, #2 Exhibit 2 - US Patent No. 10621228, #3 Exhibit 3 - Para 10 - Web capture_20-4-2021_102145_www.samsung.com, #4 Exhibit 4 - Para 10 - Web capture_20-4-2021_102457_www.samsung.com, #5 Exhibit 5 - Para 12 - 1554-manor-samsung-app, #6 Civil Cover Sheet)(Gollwitzer, Arthur) (Entered: 04/26/2021)

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