This case was last updated from U.S. District Courts on 10/11/2021 at 08:41:18 (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

Judge Details

Presiding Judge

Alan D Albright

 

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

Alan S. Kellman

Attorney at Desmarais LLP

230 Park Ave.

New York, NY 10169

Benjamin Joseph Rodd

Attorney at Desmarais LLP

230 Park Ave.

New York, NY 10169

Jennifer M. Przybylski

Attorney at Desmarais LLP

230 Park Ave.

New York, NY 10169

Ryan G. Thorne

Attorney at Desmarais LLP

230 Park Ave.

New York, NY 10169

Jonas R. McDavit

Attorney at Desmarais LLP

230 Park Ave.

New York, NY 10169

Jordan N. Malz

Attorney at Desmarais LLP

230 Park Ave.

New York, NY 10169

Alexandra E. Kochian

Attorney at Desmarais LLP

230 Park Ave.

New York, NY 10169

Claire Abernathy Henry

Attorney at Ward Smith & Hill, PLLC

1507 Bill Owens Pkwy

Longview, TX 75604

Defendant Attorneys

Brad Berg

Attorney at O'Melveny & Myers LLP

610 Newport Center Drive, 17Th Floor

Newport Beach, CA 92660

Nicholas J. Whilt

Attorney at O'Melveny & Myers LLP

400 South Hope Street, 18Th Floor

Los Angeles, CA 90071

Ryan K Yagura

Attorney at O'Melveny & Myers - LA

400 South Hope Street, 18Th Floor

Los Angeles, CA 90071-2899

Xin-Yi Zhou

Attorney at O'Melveny & Myers LLP

400 South Hope Street, 18Th Floor

Los Angeles, CA 90071-2899

7 More Attorneys Available

 

Court Documents

#30

#29

#28

#22

#21

#20

#19

#14

#13

#7

#6

#5

#4

#3

#2

1 #2

Civil Cover Sheet

1 #1

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

#1

21 More Documents Available
View All Documents

 

Docket Entries

  • 09/24/2021
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  • DocketText Order GRANTING #14 Motion to Appear Pro Hac Vice for Attorney Xin-Yi Zhou for Advanced Micro Devices, Inc. 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.) (jc5) (Entered: 09/24/2021)

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  • 09/24/2021
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  • DocketText Order GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Nicholas J. Whilt for Advanced Micro Devices, Inc. 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.) (jc5) (Entered: 09/24/2021)

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  • 09/20/2021
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  • Docket(#30) ORDER GRANTING #22 Motion to Appear Pro Hac Vice for Attorney Brad Berg. Attorney added for Advanced Micro Devices, Inc. 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: 09/20/2021)

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  • 09/17/2021
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  • Docket(#29) ORDER GRANTING #19 Motion to Appear Pro Hac Vice for Attorney Alexandra Elizabeth Kochian for Monterey Research. 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. Signed by Judge Alan D Albright. (jc5) (Entered: 09/17/2021)

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  • 09/17/2021
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  • Docket(#28) ORDER GRANTING #21 Motion to Appear Pro Hac Vice for Attorney Jordan N. Malz. Attorney added for Monterey Research, 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: 09/17/2021)

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  • 09/17/2021
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  • Docket(#27) ORDER GRANTING #20 Motion to Appear Pro Hac Vice for Attorney Jennifer M. Przybylski. Attorney added for Monterey Research, 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: 09/17/2021)

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  • 09/17/2021
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  • Docket(#26) ORDER GRANTING #18 Motion to Appear Pro Hac Vice for Attorney Jonas R. McDavit. Attorney added for Monterey Research, 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: 09/17/2021)

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  • 09/17/2021
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  • Docket(#25) ORDER GRANTING #17 Motion to Appear Pro Hac Vice for Attorney Benjamin Joseph Rodd. Attorney added for Monterey Research, 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: 09/17/2021)

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  • 09/17/2021
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  • Docket(#24) ORDER GRANTING #16 Motion to Appear Pro Hac Vice for Attorney Ryan G. Thorne. Attorney added for Monterey Research, 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: 09/17/2021)

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  • 09/17/2021
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  • Docket(#23) ORDER GRANTING #15 Motion to Appear Pro Hac Vice for Attorney Alan S. Kellman. Attorney added for Monterey Research, 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: 09/17/2021)

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15 More Docket Entries
  • 08/12/2021
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  • Docket(#9) Summons Issued as to Advanced Micro Devices, Inc. (ir) (Entered: 08/13/2021)

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  • 08/12/2021

  • 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. (ir) (Entered: 08/13/2021)

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  • 08/12/2021

  • 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: 08/13/2021)

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

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

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

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

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

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  • 08/12/2021
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  • 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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