On July 26, 2021, MicroPairing Technologies LLC (“Plaintiff”), represented by Brian P. Herrmann, Charles A. Ginnings, Edward Nelson, III, Ryan Griffin and Timothy E. Grochocinski of Nelson Bumgardner Albritton PC, filed an intellectual property lawsuit against General Motors LLC (“Defendant”), seeking declaratory reliefs and damages along with pre-judgement and post-judgement reliefs, among other reliefs, for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.
The Plaintiff filed this complaint for the alleged infringement of the U.S. Patent Nos. 7,178,049 (the ’049 patent”), 8,020,028 (“the ’028 patent), and 8,006,117 (“the ’117 patent”) (collectively, “Patents-in-suit”) owned by the Plaintiff.
In the complaint, the Plaintiff alleged that, “General Motors has directly infringed and continues to directly infringe one or more claims of the ’049 patent in this District and elsewhere in Texas and the United States” and “To this end, General Motors has infringed and continues to infringe, either by itself or via an agent, at least claims 29 – 31 of the ’049 patent by, among other things, testing and using General Motors Vehicles equipped with General Motors Infotainment Systems, and/or by directing, controlling, and setting into operation the performance of the claimed methods of the ’049 patent”
The Plaintiff also alleged that, “General Motors has indirectly infringed and continues to indirectly infringe one or more claims of the ’049 patent by inducing direct infringement by its customers and end users” and “General Motors has knowledge of the ’049 patent, its infringements, and the infringements of its customers and end users based, at least, on its receipt of this Complaint in this action.”
Further the Plaintiff alleged that, “Despite having knowledge (or being willfully blind to the fact) that use of the General Motors Vehicles equipped with General Motors Infotainment Systems infringe the ’049 patent, General Motors has specifically intended, and continues to specifically intend, for persons who acquire and use such vehicles, including General Motors’ customers and end users, to use the vehicles in a way that results in infringement of the ’049 patent, including at least claims 29 – 31.”
Similar allegations have been made by the Plaintiff with reference to the alleged infringement of other Patents-in-suit.
There are three claims for relief laid down by the Plaintiff. The first and second claims are for the alleged direct infringement pursuant to 35 U.S.C. § 271(a) and alleged indirect infringement pursuant to 35 U.S.C. § 271(b) of ’049 and ’028 respectively. The third claim is for the alleged direct infringement pursuant to 35 U.S.C. § 271(a) of ’117.
In the prayer for relief, the Plaintiff has requested the Court for declaratory reliefs along with an award for past and future damages under 35 U.S.C. § 284, including supplementary damages for any continuing, post-verdict infringement. The Plaintiff also requested the Court for reasonable ongoing royalties and costs along with prejudgement and post-judgement interests and any other relief the court deems just.
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6:21-CV-00761
07/26/2021
Pending - Other Pending
Intellectual Property - Patent
Alan D Albright
MicroPairing Technologies LLC
General Motors LLC
Brian P. Herrmann
Attorney at Nelson Bumgardner Conroy P.C.
3131 West 7Th Street, Suite 300
Fort Worth, TX 76107
Charles Austin Ginnings
Attorney at Nelson Bumgardner Conroy PC
15020 S. Ravinia Ave., Suite 29
Orland Park, IL 60462
Ryan Griffin
Attorney at Nelson Bumgardner Conroy PC
2727 N. Harwood Street, Suite 250
Dallas, TX 75201
Timothy E. Grochocinski
Attorney at Nelson Bumgardner Conroy PC
15020 S. Ravinia Ave., Suite 29
Orland Park, IL 60462
Edward Nelson, III
Attorney at Nelson Bumgardner Conroy P.C.
3131 West 7Th Street, Suite 300
Fort Worth, TX 76107
Justin Edwin Gray
Attorney at Eversheds Sutherland (US) LLP
12255 El Camino Real, Suite 100
San Diego, CA 92130
Nicola A. Pisano
Attorney at Eversheds Sutherland (US) LLP
12255 El Camino Real, Suite 100
San Diego, CA 92130
Ian Scott Shelton
Attorney at Eversheds Sutherland (US) LLP
600 Congress Avenue, Suite 2000
Austin, TX 78701
Jose L. Patino
Attorney at Eversheds Sutherland (US) LLP
12255 El Camino Real, Suite 100
San Diego, CA 92130
Ronald W. Zdrojeski
Attorney at Eversheds Sutherland (US) LLP
1114 Sixth Avenue, 40Th Floor
New York, NY 10036
Proposed Order for Ronald W. Zdrojeski
Proposed Order for Justin Edwin Gray
Proposed Order for Nicola A. Pisano
Exhibit 7
Exhibit 6
Exhibit 5
Exhibit 4
Exhibit 3
Exhibit 2
Exhibit 1
Civil Cover Sheet
Docket(#18) ORDER GRANTING #14 Motion to Appear Pro Hac Vice for Attorney Ronald W. Zdrojeski. Attorney added for General Motors LLC. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 09/21/2021)
[-] Read LessDocket(#17) ORDER GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Justin Edwin Gray. Attorney added for General Motors LLC. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 09/21/2021)
[-] Read LessDocket(#16) ORDER GRANTING #12 Motion to Appear Pro Hac Vice for Attorney Nicola A. Pisano. Attorney added for General Motors LLC. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 09/21/2021)
[-] Read LessDocket(#15) ORDER GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Jose L. Patino. Attorney added for General Motors LLC. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 09/21/2021)
[-] Read LessDocket(#14) MOTION to Appear Pro Hac Vice by Ian Scott Shelton for Ronald W. Zdrojeski ( Filing fee $ 100 receipt number 0542-15237683) by on behalf of General Motors LLC. (Attachments: #1 Proposed Order for Ronald W. Zdrojeski)(Shelton, Ian) (Entered: 09/17/2021)
[-] Read LessDocket(#13) MOTION to Appear Pro Hac Vice by Ian Scott Shelton for Justin Edwin Gray ( Filing fee $ 100 receipt number 0542-15237631) by on behalf of General Motors LLC. (Attachments: #1 Proposed Order for Justin Edwin Gray)(Shelton, Ian) (Entered: 09/17/2021)
[-] Read LessDocket(#12) MOTION to Appear Pro Hac Vice by Ian Scott Shelton for Nicola A Pisano ( Filing fee $ 100 receipt number 0542-15237571) by on behalf of General Motors LLC. (Attachments: #1 Proposed Order for Nicola A. Pisano)(Shelton, Ian) (Entered: 09/17/2021)
[-] Read LessDocket(#11) MOTION to Appear Pro Hac Vice by Ian Scott Shelton for Jose L. Patino ( Filing fee $ 100 receipt number 0542-15237533) by on behalf of General Motors LLC. (Attachments: #1 Proposed Order for Jose L. Patino)(Shelton, Ian) (Entered: 09/17/2021)
[-] Read LessDocket(#10) RULE 7 DISCLOSURE STATEMENT filed by General Motors LLC. (Shelton, Ian) (Entered: 09/17/2021)
[-] Read LessDocket(#9) MOTION to Dismiss MicroPairing's Claims of Induced Infringement by General Motors LLC. (Shelton, Ian) (Entered: 09/17/2021)
[-] Read LessDocket(#8) NOTICE REGARDING EXTENSION OF TIME TO RESPOND TO PLAINTIFFS COMPLAINT FOR PATENT INFRINGEMENT by General Motors LLC (Shelton, Ian) (Entered: 08/18/2021)
[-] Read LessDocket(#7) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by General Motors LLC. (Attachments: #1 Proposed Order)(Shelton, Ian) (Entered: 08/11/2021)
[-] Read LessDocket(#6) SUMMONS Returned Executed by MicroPairing Technologies LLC. General Motors LLC served on 7/28/2021, answer due 8/18/2021. (Nelson, Edward) (Entered: 08/09/2021)
[-] Read LessDocket(#5) Summons Issued as to General Motors LLC. (ir) (Entered: 07/26/2021)
[-] Read LessDocketCase 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. (ir) (Entered: 07/26/2021)
[-] Read LessDocketAll 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: 07/26/2021)
[-] Read LessDocket(#4) RULE 7 DISCLOSURE STATEMENT filed by MicroPairing Technologies LLC. (Nelson, Edward) (Entered: 07/26/2021)
[-] Read LessDocket(#3) REQUEST FOR ISSUANCE OF SUMMONS by MicroPairing Technologies LLC. (Nelson, Edward) (Entered: 07/26/2021)
[-] Read LessDocket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Nelson, Edward) (Entered: 07/26/2021)
[-] Read LessDocket(#1) COMPLAINT For Patent Infringement ( Filing fee $ 402 receipt number 0542-15051002), filed by MicroPairing Technologies LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Nelson, Edward) (Entered: 07/26/2021)
[-] Read LessDig Deeper
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