On September 29, 2021, Optical Licensing LLC (“Plaintiff” or “Optical”), represented by Howard L. Wernow of Sand & Sebolt, filed an intellectual property lawsuit against Analog Devices, Inc. (“Defendant”), seeking permanent injunctive relief and damages along with prejudgment and post-judgement interest among other relief for the alleged infringement of the United States Patent owned by Plaintiff. This case was filed in the United States District Court in the Middle District of Florida.
Plaintiff filed this complaint for the alleged infringement of the United States Patent No. 6,791,898 entitled “Memory Device Providing Asynchronous and Synchronous Data Transfer” (“the ‘898 Patent” or the “Patent-in-Suit”) owned by Plaintiff.
In the complaint, Plaintiff alleged that, “In violation of 35 U.S.C. § 271, Defendant is now, and has been directly infringing at least Claim 7, literally or under the doctrine of equivalents, the ‘898 Patent” and “Defendant has had knowledge of infringement of the ‘898 Patent at least as of the service of the present Complaint.”
Plaintiff also alleged that, “Defendant has directly infringed, literally or under the doctrine of equivalents, and continues to directly infringe at least one claim of the ‘898 Patent by selling and/or using, at least through internal testing or otherwise, the Accused Product without authority in the United States, and will continue to do so unless enjoined by this Court. As a direct and proximate result of Defendant’s direct infringement of the ‘898 Patent, Plaintiff has been and continues to be damaged.”
Plaintiff further alleged that, “Defendant has induced others to infringe the ‘898 Patent by encouraging infringement through their use of the Accused Product, knowing that the acts of Defendant induced constituted patent infringement, and its encouraging acts actually resulted in direct patent infringement either literally or under the doctrine of equivalents” and “Defendant has committed these acts of infringement without license or authorization.”
There is one claim of relief laid down by Plaintiff for the alleged infringement of the Patent-in-suit.
In the prayer for relief, Plaintiff has requested the court for permanent injunctive relief and declaratory relief along with an award for damages pursuant to 35 U.S.C. §284 sufficient to compensate Plaintiff for Defendant’s past infringement and any continuing or future infringement up until the date that Defendant is finally and permanently enjoined from further infringement, including compensatory damages. Plaintiff also requested the court for an award for enhanced damages, and an accounting of all infringing sales and damages including, but not limited to, those sales and damages not presented at trial and an assessment of prejudgment and post-judgment interest and costs against Defendant, together with an award of such interest and costs, in accordance with 35 U.S.C. §284 and any other relief the court deems just and proper.
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Pending - Other Pending
Optical Licensing LLC
Analog Devices, Inc.
Howard L. Wernow
Attorney at Sand & Sebolt
4940 Munson Street Nw, Suite 1100
Canton, OH 44718
(#2) CORPORATE Disclosure Statement by Optical Licensing LLC. (Wernow, Howard) (Entered: 09/29/2021)
Civil Cover Sheet
Exhibit B-Claim Chart
(#1) COMPLAINT against Analog Devices, Inc. with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18763234) filed by Optical Licensing LLC. (Attachments: #1 Exhibit A-US6791898, #2 Exhibit B-Claim Chart, #3 Civil Cover Sheet, #4 Proposed Summons)(Wernow, Howard) (Entered: 09/29/2021)
Docket(#2) CORPORATE Disclosure Statement by Optical Licensing LLC. (Wernow, Howard) (Entered: 09/29/2021)Read MoreRead Less
Docket(#1) COMPLAINT against Analog Devices, Inc. with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18763234) filed by Optical Licensing LLC. (Attachments: #1 Exhibit A-US6791898, #2 Exhibit B-Claim Chart, #3 Civil Cover Sheet, #4 Proposed Summons)(Wernow, Howard) (Entered: 09/29/2021)Read MoreRead Less
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