MicroPairing Technologies LLC v. Volvo Car USA LLC

On October 25, 2021, MicroPairing Technologies, LLC (“MicroPairing” or “Plaintiff”), represented by Brian P. Herrmann, Charles Austin Ginnings, Edward Nelson, III, Ryan Griffin, and Timothy E. Grochocinski of Nelson Bumgardner Conroy P.C., filed an intellectual property lawsuit against Volvo Car USA, LLC (“Volvo” or “Defendant”), seeking damages and reasonable royalties along with pre- and post-judgment interest among other relief for the alleged infringement of United States patents owned by the Plaintiff. This case was filed in the 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 United States Patent No. 6,778,073 (the ’073 patent), 7,793,136 (the ’136 patent), 7,178,049 (the ’049 patent), 8,020,028 (the ’028 patent), and 8,006,117 (the ’117 patent) (collectively, the “patents-in-suit”) owned by the Plaintiff.

In the complaint, Plaintiff alleged that “Volvo has directly infringed and continues to directly infringe one or more claims of the ’073 patent in this District and elsewhere in Texas and the United States. Volvo has infringed and continues to infringe, either by itself or via an agent, at least claim 10 of the ’073 patent by, among other things, making, having made, offering to sell, selling, testing, and/or using Volvo vehicles equipped with infotainment systems. MicroPairing has been damaged as a result of Volvo’s infringing conduct.”

Plaintiff further alleged that “Volvo has directly infringed and continues to directly infringe one or more claims of the ’136 patent in this District and elsewhere in Texas and the United States. Volvo has infringed and continues to infringe, either by itself or via an agent, at least claims 1 and 31 of the ’136 patent by, among other things, making, offering to sell, selling, testing, and/or using Volvo vehicles equipped with infotainment systems. In addition and/or in the alternative to its direct infringement, Volvo has indirectly infringed and continues to indirectly infringe one or more claims of the ’136 patent by inducing direct infringement by its Volvo vehicle customers and end-users.”

Plaintiff also alleged that “Volvo 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. In addition or in the alternative, Volvo has infringed and continues to infringe, either by itself or via an agent, at least claim 29 of the ’049 patent by, among other things, testing and using Volvo vehicles that operate on the AUTOSAR platform.”

Similar claims have been made by Plaintiff with reference to the alleged infringement of other patents-in-suit.

There are five claims for relief laid down by Plaintiff, one for the alleged infringement of each of the patents-in-suit.

In its prayer for relief, the Plaintiff has requested the Court for an order that Volvo has directly infringed one or more claims of each of the patents-in-suit, an order that Volvo has induced infringement of one or more claims of the ’136 patent, ’049 patent, and ’028 patent, an order that Volvo must pay MicroPairing reasonable ongoing royalties on a go-forward basis after final judgment, an order that Volvo must pay MicroPairing pre- and post-judgment interest on the damages award, and an order that Volvo must pay MicroPairing’s costs along with such other and further relief as the Court may deem just and proper.

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