This case was last updated from PACER on 08/13/2021 at 07:32:08 (UTC).

Monterey Research, LLC v. Advanced Micro Devices, Inc.

Case Summary

On August 12, 2021, Monterey Research, LLC (“Monterey or Plaintiff”), represented by Andrea L. Fair and Charles Everingham IV, of Ward, Smith & Hill, PLLC, filed an intellectual property lawsuit against Advanced Micro Devices, Inc. (“AMD or Defendant”), seeking injunctive relief and damages together with pre-judgment interest and post-judgment interest for the alleged infringement of the United States Patent owned by Plaintiff. This case was filed in the United States District Court in the Western District of Texas.

 

The plaintiff filed this complaint for the alleged infringement United States Patent No. 6,680,516 entitled “Controlled Thickness Gate Stack” (the “’516 patent” or “the Patent-in-Suit”)

 

In the complaint, the plaintiff alleged that, “Before filing this action, Monterey, through its agent IPValue Management, Inc. (“IPValue”), notified AMD about the Patent-in-Suit and AMD’s infringement thereof. Among other things, Monterey identified the Patent-in-Suit to AMD; alleged that AMD infringed the Patent-in-Suit, including identifying exemplary infringing products; sought to engage AMD in discussions regarding AMD’s use of Monterey’s intellectual property (including the Patent-in-Suit); and offered to license the Patent-in-Suit to AMD.”

 

The plaintiff further alleged that, “On July 24, 2020, Monterey sent a letter to AMD, notifying AMD of its infringement of certain Monterey patents, including the ’516 patent. Among other things, Monterey identified representative AMD products that utilize that patent, expressly charged that AMD and its customers infringed that patent, and explained that AMD required a license from Monterey. Monterey requested a meeting with AMD. AMD provided no non-infringement arguments nor invalidity arguments regarding the infringement described in the July 24, 2020 letter. On June 4, 2021, Monterey sent another letter to AMD, referencing the July 24, 2020 letter and notifying AMD of its infringement of additional Monterey patents.”

 

The plaintiff also alleged that, “AMD has infringed and continues to infringe Monterey’s patents. Moreover, despite Monterey notifying AMD of infringement, AMD has thus far refused to license these patents or even engage in meaningful discussions with Monterey. Instead, AMD has continued to make, use, sell, offer to sell, and/or import Monterey’s intellectual property within the United States without Monterey’s permission.”

 

There is one claim for relief laid down by the plaintiff which deals with the infringement of the Patent-in-Suit.

 

In its prayer for relief the plaintiff has requested the court for damages adequate to compensate it for the patent infringement that has occurred, together with pre- and post-judgment interests and the defendant be permanently enjoined from further infringement of the Patent-in-Suit. If a permanent injunction preventing further infringement of the Patent-in-Suit is not granted, the plaintiff requested to be awarded a compulsory ongoing licensing fee for any such further infringement. The plaintiff also requested the Court that it should be awarded its costs and reasonable attorneys’ fees incurred in this action as provided by 35 U.S.C. § 285 along with such other relief as this Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00840

  • Filing Date:

    08/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Courthouse:

    Texas Western District

 

Party Details

Plaintiff

Monterey Research, LLC

Defendant

Advanced Micro Devices, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Andrea L. Fair

Attorney at Ward, Smith & Hill, PLLC

Po Box 1231

Longview, TX 75606

Charles Everingham, IV

Attorney at Ward, Smith & Hill, PLLC

1507 Bill Owens Parkway

Longview, TX 75604

 

Court Documents

#7

(#7) REQUEST FOR ISSUANCE OF SUMMONS by Monterey Research, LLC. (Everingham, Charles) (Entered: 08/12/2021)

#6

(#6) REQUEST FOR ISSUANCE OF SUMMONS by Monterey Research, LLC. (Fair, Andrea) (Entered: 08/12/2021)

#5

(#5) NOTICE of Attorney Appearance by Andrea L. Fair on behalf of Monterey Research, LLC. Attorney Andrea L. Fair added to party Monterey Research, LLC(pty:pla) (Fair, Andrea) (Entered: 08/12/2021)

#4

(#4) RULE 7 DISCLOSURE STATEMENT filed by Monterey Research, LLC. (Everingham, Charles) (Entered: 08/12/2021)

#3

(#3) DEMAND for Trial by Jury by Monterey Research, LLC. (Everingham, Charles) (Entered: 08/12/2021)

#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. (Everingham, Charles) (Entered: 08/12/2021)

1 #2

Civil Cover Sheet

1 #1

Exhibit A-US Patent No. 6,680,516

#1

(#1) COMPLAINT Against Advanced Micro Devices, Inc. ( Filing fee $ 402 receipt number 0542-15113064), filed by Monterey Research, LLC. (Attachments: #1 Exhibit A-US Patent No. 6,680,516, #2 Civil Cover Sheet)(Everingham, Charles) (Entered: 08/12/2021)

 

Docket Entries

  • 08/12/2021
  • View Court Documents
  • Docket(#7) REQUEST FOR ISSUANCE OF SUMMONS by Monterey Research, LLC. (Everingham, Charles) (Entered: 08/12/2021)

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  • 08/12/2021
  • View Court Documents
  • Docket(#6) REQUEST FOR ISSUANCE OF SUMMONS by Monterey Research, LLC. (Fair, Andrea) (Entered: 08/12/2021)

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  • 08/12/2021
  • View Court Documents
  • Docket(#5) NOTICE of Attorney Appearance by Andrea L. Fair on behalf of Monterey Research, LLC. Attorney Andrea L. Fair added to party Monterey Research, LLC(pty:pla) (Fair, Andrea) (Entered: 08/12/2021)

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  • 08/12/2021
  • View Court Documents
  • Docket(#4) RULE 7 DISCLOSURE STATEMENT filed by Monterey Research, LLC. (Everingham, Charles) (Entered: 08/12/2021)

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  • 08/12/2021
  • View Court Documents
  • Docket(#3) DEMAND for Trial by Jury by Monterey Research, LLC. (Everingham, Charles) (Entered: 08/12/2021)

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  • 08/12/2021
  • View Court Documents
  • 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. (Everingham, Charles) (Entered: 08/12/2021)

    Read MoreRead Less
  • 08/12/2021
  • View Court Documents
  • Docket(#1) COMPLAINT Against Advanced Micro Devices, Inc. ( Filing fee $ 402 receipt number 0542-15113064), filed by Monterey Research, LLC. (Attachments: #1 Exhibit A-US Patent No. 6,680,516, #2 Civil Cover Sheet)(Everingham, Charles) (Entered: 08/12/2021)

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