MicroPairing Technologies LLC v. Nissan North America, Inc.
Case Summary
On August 13, 2021, MicroPairing Technologies LLC (“Plaintiff”), represented by Brian P. Herrmann, C. Austin Ginnings, Ryan P. Griffin and Timothy E. Grochocinski of Nelson Bumgardner Albritton PC; Edward R. Nelson, III of Nelson Law Group, PLLC; and Van R. Irion of Law Office of Van R. Irion, filed an intellectual property lawsuit against Nissan North America, Inc. (“Nissan” or “Defendant)”, seeking damages and costs along with prejudgement and post-judgement interest, among other relief, for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in U.S. District Court in the Middle District of Tennessee with Judge Aleta A. Trauger presiding.
This case was filed by the Plaintiff for the alleged infringement of U.S. Patent Nos. 7,178,049 (the ’049 patent”), 8,020,028 (“the ’028 patent), 8,006,117 (“the ’117 patent”), and 7,793,136 (“the ’136 patent”) (collectively, “Patents-in-suit”) owned by the Plaintiff.
In the complaint, the Plaintiff alleged that, “Nissan has directly infringed and continues to directly infringe one or more claims of the ’049 patent in this District and elsewhere in Tennessee and the United States” and “To this end, Nissan 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 Nissan vehicles that operate on the AUTOSAR platform, and/or by directing, controlling, and setting into operation the performance of the claimed methods of the ’049 patent.”
The Plaintiff also alleged that, “In addition and/or in the alternative to its direct infringement, Nissan has indirectly infringed and continues to indirectly infringe one or more claims of the ’049 patent by inducing direct infringement by its Nissan vehicle customers and end users” and “Nissan has knowledge of the ’049 patent, its infringements, and the infringements of its customers and end users based, at least, on its receipt of notice of infringement from MicroPairing and/or service of this Complaint in this action.”
The Plaintiff further alleged that, “Despite having knowledge (or being willfully blind to the fact) that use of the Nissan vehicles that operate on the AUTOSAR platform infringes the ’049 patent, Nissan has specifically intended, and continues to specifically intend, for persons who acquire and use such vehicles, including Nissan’s vehicle 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 four 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 for a judgement and order that Nissan has directly infringed one or more claims of each of the patents-in-suit and that Nissan has induced infringement of one or more claims of the ’049 patent, ’028 patent, and ’136 patent. Further, the Plaintiff requested the Court to order that Nissan must pay MicroPairing past and future damages under 35 U.S.C. § 284, including supplemental damages arising from any continuing or post-verdict infringement for the time between trial and entry of the final judgment, together with an accounting as needed, as provided under 35 U.S.C. § 284 along with ongoing royalties, costs and pre-judgement and post-judgement interests and any other relief the Court deems just.
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Case Details
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Case Number:
3:21-CV-00633
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Filing Date:
08/13/2021
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Case Status:
Pending - Other Pending
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Case Type:
Intellectual Property - Patent
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Court:
-
Courthouse:
Judge Details
Presiding Judge
Eli J. Richardson
Party Details
Plaintiff
MicroPairing Technologies LLC
Defendant
Nissan North America, Inc.
Attorney/Law Firm Details
Plaintiff Attorneys
Brian P. Herrmann
C. Austin Ginnings
Ryan P. Griffin
Edward R. Nelson, III
Timothy E. Grochocinski
Van R. Irion
Defendant Attorney
John S. Hicks
Court Documents
Attachment Affidavit of Service
Attachment 2 - Civil Cover Sheet
Attachment 1 - Report re Patent case
Exhibit 8 - '136 Claims chart
Exhibit 7 - '117 Claims chart
Exhibit 6 - '028 Claims chart
Exhibit 5 - '049 Claims chart
Exhibit 4 - '136 Patent
Exhibit 2 - '028 Patent
Docket Entries
Docket(#20) ORDER REASSIGNING CASE: It is hereby ORDERED that this case is TRANSFERRED to Judge Eli Richardson pursuant to Administrative Order 176, in that it is related to an earlier-filed case assigned to him, case number 3:21-cv-631. The initial case management conference scheduled before Judge Trauger to be held on November 23, 2021 (Docket No. #19 ) is CANCELLED. Signed by District Judge Aleta A. Trauger on 10/5/2021. (ln) (Entered: 10/05/2021)
[-] Read LessDocketTN State Bar status verified as active for John S. Hicks admitted to this court. (ln) (Entered: 10/05/2021)
[-] Read LessDocketReset Hearing: Initial Case Management Conference set for 11/23/2021 at 2:00 PM in Chambers 825 before District Judge Aleta A. Trauger. (bs) (Entered: 10/04/2021)
[-] Read LessDocket(#19) ORDER: Defendant's Unopposed Motion for Extension of Time (Doc. #17 ) is GRANTED and Defendant shall respond to the Complaint on or before November 15, 2021. It is further ORDERED that the initial case management conference is RESET for 11/23/2021 at 2:00 p.m. Signed by District Judge Aleta A. Trauger on 10/4/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 10/04/2021)
[-] Read LessDocket(#18) SUPPLEMENT (Agreed Order Granting Unopposed Motion for Extension of Time to Respond to Complaint) filed by Nissan North America, Inc. re #17 Motion for Extension of Time to File Answer. (Hicks, John) Modified text on 10/5/2021 (ln). (Entered: 10/01/2021)
[-] Read LessDocket(#17) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, by Nissan North America, Inc.. (Hicks, John) (Entered: 10/01/2021)
[-] Read LessDocket(#16) SUMMONS returned executed by MicroPairing Technologies LLC. Nissan North America, Inc. served on 9/9/2021. (Attachments: #1 Attachment Affidavit of Service)(Nelson, Edward) (Entered: 09/24/2021)
[-] Read LessDocketNOTICE TO FILER re DE#15 : The wrong event was used. The correct event should be Service of Process/Summons Returned Executed. Counsel shall re-file the document AND attach the copy of the issued Summons stamped "Return Copy" showing proof of service. (ln) (Entered: 09/22/2021)
[-] Read LessDocket(#15) ****DISREGARD. ATTORNEY TO RE-FILE.**** AFFIDAVIT of Service for Summons in a Civil Action, Complaint for Patent Infringement, Civil Cover Sheet, Notice of Setting of Initial Case Management Conference, Exhibits 1-8 served on Nissan North America, Inc. by serving its Registered Agent, Corporation Service Company on 09/09/21, filed by MicroPairing Technologies LLC. (Nelson, Edward) Modified on 9/22/2021 (ln). (Entered: 09/21/2021)
[-] Read LessDocket(#14) Summons issued as to Nissan North America, Inc. Service copies will be returned to counsel (Van Irion) by regular mail. (ln) (Entered: 09/02/2021)
[-] Read LessDocket(#7) MOTION for attorney Edward R. Nelson III to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3431588) by MicroPairing Technologies LLC. (Irion, Van) (Entered: 08/18/2021)
[-] Read LessDocket(#6) MOTION for attorney Timothy E. Grochocinski to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3431581) by MicroPairing Technologies LLC. (Irion, Van) (Entered: 08/18/2021)
[-] Read LessDocketNOTICE TO COUNSEL Edward R. Nelson, III, Ryan P. Griffin, Brian P. Herrmann, Timothy E. Grochocinski, and C. Austin Ginnings: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 9/7/2021. (ln) (Entered: 08/16/2021)
[-] Read LessDocketState Bar status verified as active for Edward R. Nelson, III (TX), Ryan P. Griffin (TX), Brian P. Herrmann (TX), Timothy E. Grochocinski (IL), and C. Austin Ginnings (NY) not admitted to this court - Local counsel secured. (ln) (Entered: 08/16/2021)
[-] Read LessDocketTN State Bar status verified as active for Van R. Irion admitted to this court. (ln) (Entered: 08/16/2021)
[-] Read LessDocket(#5) NOTICE of Initial Case Management Conference set for 10/18/2021 at 1:30 PM in Chambers 825 before District Judge Aleta A. Trauger. (ln) (Entered: 08/13/2021)
[-] Read LessDocket(#4) NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ln) (Entered: 08/13/2021)
[-] Read LessDocket(#3) NOTICE of Business Entity Disclosure Statement filing requirement. (ln) (Entered: 08/13/2021)
[-] Read LessDocket(#2) NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) (Entered: 08/13/2021)
[-] Read LessDocket(#1) COMPLAINT FOR PATENT INFRINGEMENT against Nissan North America, Inc. (Filing fee $402, Receipt number 0650-3429316) filed by MicroPairing Technologies LLC. (Attachments: #1 Exhibit 1 - '049 Patent, #2 Exhibit 2 - '028 Patent, #3 Exhibit 3 - '117 Patent, #4 Exhibit 4 - '136 Patent, #5 Exhibit 5 - '049 Claims chart, #6 Exhibit 6 - '028 Claims chart, #7 Exhibit 7 - '117 Claims chart, #8 Exhibit 8 - '136 Claims chart, #9 Attachment 1 - Report re Patent case, #10 Attachment 2 - Civil Cover Sheet)(ln) (Entered: 08/13/2021)
[-] Read Less
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