This case was last updated from U.S. District Courts on 10/31/2021 at 07:44:53 (UTC).

Monument Peak Ventures, LLC v. Xerox Corporation

Case Summary

On September 1, 2021, Monument Peak Ventures, LLC (“MPV”), represented by Cabrach John Connor of Connor Lee PLLC, filed an intellectual property lawsuit against Xerox Corporation (“Xerox” or “Defendant”), seeking declaratory relief and accounting of damages together with actual, consequential, special, punitive, increased, and/or statutory damages for the alleged infringement of United States Patents owned by Plaintiff. This case was filed in the U.S. District Court in the Eastern District of Texas with Judge Rodney Gilstrap presiding

MPV asserts that Xerox allegedly infringes, directly and indirectly, U.S. Patent Nos. 6,810,149, 6,873,336, 7,006,890, 7,092,573, 7,092,966, and 7,684,090 (the “MPV Asserted Patents”) owned by Plaintiff. 

In its complaint, Plaintiff alleged that, “Xerox has directly infringed at least claims 1, 2, 3, 7, 9, 10, 11, 15, 17, and 18 of the ’149 Patent by using (including its own testing), making, selling, offering for sale, licensing, and/or import in the United States without authority Xerox DocuShare, DocuShare Flex software and platform and DocuShare mobile application software.”

Plaintiff also alleged that, “Xerox has, since at least as early as the filing of this complaint, known or been willfully blind to the fact that the third-party infringers’ use of the DocuShare software and services directly infringe the ’149 Patent.”

Plaintiff further alleged that, “Xerox’s knowledge of the ’149 Patent, which covers operating the accused DocuShare software and services in their intended manner such that all limitations of the asserted claims of the ’149 Patent are met, extends to its knowledge that the third-party infringers’ use of DocuShare software and services directly infringes the ’149 Patent, or, at the very least, rendered Xerox willfully blind to such infringement.”

Plaintiff even further alleged that, “Xerox induces the third-party infringers to infringe the asserted claims of the ’149 Patent by directing or encouraging them to operate the Xerox DocuShare software and services which, alone or in combination with the third-party infringers’ devices, satisfy all limitations of the asserted claims of the ’149 Patent. For example, Xerox advertises and promotes the cataloging features of the DocuShare software and services and encourage the third-party infringers to operate them in an infringing manner. Xerox further provides technical assistance directing and instructing third parties how to operate the DocuShare software and services by, for example, publishing instructional materials, user guides, and support forums.”

Plaintiff has made similar allegations with respect to other Asserted Patents. 

Plaintiff has laid down six claims for relief which deal with the alleged infringement of each of the Asserted patents. 

In its prayer for relief, Plaintiff requested the Court to enter an order declaring that Xerox has infringed each of the Asserted Patents; grant MPV judgment against Xerox for all actual, consequential, special, punitive, increased, and/or statutory damages, including, if necessary, an accounting of all damages; pre and post-judgment interest as allowed by law; and reasonable attorney’s fees, costs, and expenses; and that Xerox be found to have willfully infringed the Asserted Patents. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00345

  • Filing Date:

    09/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Rodney Gilstrap

Referral Judge

Roy S. Payne

 

Party Details

Plaintiff

Monument Peak Ventures, LLC

Defendant

Xerox Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Cabrach John Connor

Attorney at Connor Lee PLLC - Austin

609 Castle Ridge Road, Suite 450

Austin, TX 78746

Jennifer Tatum Lee

Attorney at Connor Lee PLLC - Austin

609 Castle Ridge Road, Suite 450

Austin, TX 78746

John Michael Shumaker

Attorney at Connor Kudlac Lee PLLC - Austin

609 Castle Ridge Road, Suite 450

Austin, TX 78746

Defendant Attorneys

Eric Paul Berger

Attorney at Mishcon de Reya New York LLP

156 Fifth Avenue, Suite 904

New York, NY 10010-7762

Melissa Richards Smith

Attorney at Gillam & Smith, LLP

303 South Washington Avenue

Marshall, TX 75670

Raghav R Krishnapriyan

Attorney at Durie Tangri, LLP

217 Leidesdorff Street

San Francisco, CA 94111

Ryan M Kent

Attorney at Durie Tangri, LLP

217 Leidesdorff Street

San Francisco, CA 94111

 

Court Documents

#13

(#13) NOTICE of Attorney Appearance by John Michael Shumaker on behalf of Monument Peak Ventures, LLC (Shumaker, John) (Entered: 10/26/2021)

#12

(#12) NOTICE of Attorney Appearance by Jennifer Tatum Lee on behalf of Monument Peak Ventures, LLC (Lee, Jennifer) (Entered: 10/26/2021)

#11

(#11) ORDER - Scheduling Conference set for 11/18/2021 09:00 AM before District Judge Rodney Gilstrap. Signed by Magistrate Judge Roy S. Payne on 10/22/2021. (ch, ) (Entered: 10/25/2021)

#10

(#10) CORPORATE DISCLOSURE STATEMENT filed by Xerox Corporation (Smith, Melissa) (Entered: 10/06/2021)

#9

(#9) NOTICE of Attorney Appearance by Eric Paul Berger on behalf of Xerox Corporation (Berger, Eric) (Entered: 09/24/2021)

#8

(#8) NOTICE of Attorney Appearance by Raghav R Krishnapriyan on behalf of Xerox Corporation (Krishnapriyan, Raghav) (Entered: 09/24/2021)

#7

(#7) NOTICE of Attorney Appearance by Ryan M Kent on behalf of Xerox Corporation (Kent, Ryan) (Entered: 09/24/2021)

#6

(#6) Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Xerox Corporation.( Smith, Melissa) (Entered: 09/21/2021)

#5

(#5) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Xerox Corporation.( Smith, Melissa) (Entered: 09/20/2021)

#4

#3

#2

1 #6

Exhibit F

1 #4

Exhibit D

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

#1

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Docket Entries

  • 10/26/2021
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  • Docket(#13) NOTICE of Attorney Appearance by John Michael Shumaker on behalf of Monument Peak Ventures, LLC (Shumaker, John) (Entered: 10/26/2021)

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  • 10/26/2021
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  • Docket(#12) NOTICE of Attorney Appearance by Jennifer Tatum Lee on behalf of Monument Peak Ventures, LLC (Lee, Jennifer) (Entered: 10/26/2021)

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  • 10/22/2021
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  • Docket(#11) ORDER - Scheduling Conference set for 11/18/2021 09:00 AM before District Judge Rodney Gilstrap. Signed by Magistrate Judge Roy S. Payne on 10/22/2021. (ch, ) (Entered: 10/25/2021)

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  • 10/06/2021
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  • Docket(#10) CORPORATE DISCLOSURE STATEMENT filed by Xerox Corporation (Smith, Melissa) (Entered: 10/06/2021)

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  • 09/24/2021
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  • Docket(#9) NOTICE of Attorney Appearance by Eric Paul Berger on behalf of Xerox Corporation (Berger, Eric) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#8) NOTICE of Attorney Appearance by Raghav R Krishnapriyan on behalf of Xerox Corporation (Krishnapriyan, Raghav) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#7) NOTICE of Attorney Appearance by Ryan M Kent on behalf of Xerox Corporation (Kent, Ryan) (Entered: 09/24/2021)

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  • 09/21/2021
  • DocketDefendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Xerox Corporation to 11/4/2021. 15 Days Granted for Deadline Extension.( ch, ) (Entered: 09/21/2021)

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  • 09/21/2021
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  • Docket(#6) Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Xerox Corporation.( Smith, Melissa) (Entered: 09/21/2021)

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  • 09/21/2021
  • DocketDefendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Xerox Corporation to 10/20/2021. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 09/21/2021)

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  • 09/20/2021
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  • Docket(#5) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Xerox Corporation.( Smith, Melissa) (Entered: 09/20/2021)

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  • 09/15/2021
  • DocketCASE REFERRED to Magistrate Judge Roy S. Payne. (ch, ) (Entered: 09/15/2021)

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  • 09/02/2021
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  • Docket(#4) SUMMONS Issued as to Xerox Corporation. (ch, ) (Entered: 09/02/2021)

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  • 09/02/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (klc, ) (Entered: 09/02/2021)

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  • 09/01/2021
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  • Docket(#3) CORPORATE DISCLOSURE STATEMENT filed by Monument Peak Ventures, LLC (Connor, Cabrach) (Entered: 09/01/2021)

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  • 09/01/2021
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Connor, Cabrach) (Entered: 09/01/2021)

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  • 09/01/2021
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  • Docket(#1) COMPLAINT and Jury Demand against Xerox Corporation ( Filing fee $ 402 receipt number 0540-8564946.), filed by Monument Peak Ventures, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Connor, Cabrach) (Entered: 09/01/2021)

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