This case was last updated from PACER on 08/25/2021 at 07:22:45 (UTC).

NXP USA Inc. v. MediaTek Inc. et al

Case Summary

On August 24, 2021, NXP USA Inc. ("NXP USA" or “Plaintiff”), represented by Andrea Leigh Fair and Charles Everingham, IV of Ward, Smith & Hill, PLLC, filed an intellectual property lawsuit against MediaTek, Inc., MediaTek USA, Inc. (collectively "MediaTek"), Amazon.com, Inc. ("Amazon"), and Best Buy Co., Inc. ("Best Buy") (collectively, “Defendants”), seeking injunctive reliefs and damages along with prejudgement and post-judgement interest among other reliefs for the alleged infringement of the United States Patents owned by the Plaintiff. The case was filed in the United States District Court in the Eastern District of Texas. 

 

The Plaintiff filed this complaint for the alleged infringement of the United States Patent No. 10,038,518 (the "'518 Patent"), United States Patent No. 10,560,158 (the "'158 Patent") and United States Patent No. 10,742,780 (the "'780 Patent") (collectively, “Patents-in-suit”) owned by them.

 

In the complaint, the Plaintiff alleged that, “NXP USA is informed and believes, and thereon alleges, that MediaTek has infringed and unless enjoined will continue to infringe one or more claims of the '518 Patent, in violation of 35 U.S.C. § 271, by, among other things, selling, offering for sale, using, making and/or importing without authority or license” and “Further, NXP USA is informed and believes, and thereon alleges, that Amazon and Best Buy have infringed, and unless enjoined will continue to infringe one or more claims of the '518 Patent, in violation of 35 U.S.C. § 271, by, among other things, selling, offering for sale, using, making and/or importing without authority or license, '518 Accused Products.”

 

The Plaintiff further alleged that, “NXP USA is informed and believes, and thereon alleges, that at least as through notice provided by the Complaint, Defendants actively, knowingly, and intentionally have induced infringement of the '518 Patent” and “NXP USA is informed and believes, and thereon alleges, that Defendants have contributed to the infringement by their customers of the '518 Patent by, without authority, importing, selling and offering to sell within the United States materials and apparatuses for practicing the claimed invention of the '518 Patent both inside and outside the United States.”

 

The Plaintiff also alleged that, “NXP USA is informed and believes, and thereon alleges, that Defendants' infringement of the '518 Patent is willful. Defendants have had knowledge of the '518 Patent and its infringement of the '518 Patent at least since the filing of this complaint. To the extent Defendants continue to infringe the ‘518 Patent, that deliberate infringement is wanton, malicious, and egregious, with reckless disregard for NXP USA's patent rights.”

 

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

 

There are three 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 permanent injunctive relief and declaratory reliefs along with damages adequate to compensate NXP USA for the Defendants' alleged infringement of each of the Asserted Patents, together with interest and costs under 35 U.S.C. § 284; supplemental damages to NXP USA, including interest, with an accounting, as needed; pay ongoing royalties to NXP USA for any post-judgment infringement of the Asserted Patents along with prejudgement and post-judgement interests and attorneys’ fees and costs; and any other relief the Court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00318

  • Filing Date:

    08/24/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

 

Party Details

Plaintiff

NXP USA Inc.

Defendants

MediaTek Inc.

MediaTek USA Inc.

Amazon.com Inc.

Best Buy Co., Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Charles Everingham, IV

Attorney at Ward, Smith & Hill, PLLC

1507 Bill Owens Parkway

Longview, TX 75604

Andrea Leigh Fair

Attorney at Ward, Smith & Hill, PLLC

1507 Bill Owens Parkway

Longview, TX 75604

 

Court Documents

#4

(#4) NOTICE of Attorney Appearance by Charles Everingham, IV on behalf of NXP USA Inc. (Everingham, Charles) (Entered: 08/24/2021)

#3

(#3) DEMAND for Trial by Jury by NXP USA Inc.. (Fair, Andrea) (Entered: 08/24/2021)

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Fair, Andrea) (Entered: 08/24/2021)

1 #4

Civil Cover Sheet

1 #3

Exhibit 3 - USP No. 10,742,780

1 #2

Exhibit 2 - USP No. 10,560,158

1 #1

Exhibit 1 - USP No. 10,038,518

#1

(#1) COMPLAINT against Amazon.com Inc., Best Buy Co., Inc., MediaTek Inc., MediaTek USA Inc. ( Filing fee $ 402 receipt number 0540-8552540.), filed by NXP USA Inc.. (Attachments: #1 Exhibit 1 - USP No. 10,038,518, #2 Exhibit 2 - USP No. 10,560,158, #3 Exhibit 3 - USP No. 10,742,780, #4 Civil Cover Sheet)(Fair, Andrea) (Entered: 08/24/2021)

 

Docket Entries

  • 08/24/2021
  • View Court Documents
  • Docket(#4) NOTICE of Attorney Appearance by Charles Everingham, IV on behalf of NXP USA Inc. (Everingham, Charles) (Entered: 08/24/2021)

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  • 08/24/2021
  • View Court Documents
  • Docket(#3) DEMAND for Trial by Jury by NXP USA Inc.. (Fair, Andrea) (Entered: 08/24/2021)

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  • 08/24/2021
  • View Court Documents
  • 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. (Fair, Andrea) (Entered: 08/24/2021)

    Read MoreRead Less
  • 08/24/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Amazon.com Inc., Best Buy Co., Inc., MediaTek Inc., MediaTek USA Inc. ( Filing fee $ 402 receipt number 0540-8552540.), filed by NXP USA Inc.. (Attachments: #1 Exhibit 1 - USP No. 10,038,518, #2 Exhibit 2 - USP No. 10,560,158, #3 Exhibit 3 - USP No. 10,742,780, #4 Civil Cover Sheet)(Fair, Andrea) (Entered: 08/24/2021)

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