This case was last updated from PACER on 06/05/2021 at 06:41:50 (UTC).

POP TOP CORP. v. Amazon.Com, Inc.

Case Summary

On March 31, 2021, Pop Top Corporation (“Pop Top” or “Plaintiff”), represented by Henry Artoush Ohanian of Ohanian IP, filed an intellectual property lawsuit against Amazon.com, Inc. (“Defendant”), seeking reasonable royalty with pre-judgment and post-judgment interests among other reliefs, for unlawful infringement of technologies relating to offered widgets, superior search results, tools for curating web documents, highlighting, social networks etc. owned by Plaintiff. This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding.

 

The Plaintiff filed this complaint for the alleged infringement of United States Patent No. 7,966,623 (the ’623 patent”) and Patent No. 10,866,713 (the ’713 patent”), where these patents protect the highlighting services that Mr. Chandra developed and brought to market and were crushed by misappropriation of his inventions by the Defendant.

 

In the complaint, Plaintiff alleged that “Amazon owns and operates the Kindle application (the “App”) which includes a highlighting service hosted by a highlighting server. The App’s highlighting service server is different than the content server that serves the eBook to the iPhone. The App includes a tool, which allows the reader of the ebook to highlight portions of the text and add notes in the same method as given in Claim 1 of ‘623 patent & ’713 patent.” It is further alleged that “‘wherein, upon being invoked, the software and/or the highlighting service is furthermore configured to automatically retrieve at least one of a previously stored: (i) a highlight, (ii) a reference to a highlight, or (iii) a set of data associated with a highlight.’ The App is configured to automatically retrieve and display for the Device user his stored highlights and notes taken with respect to this eBook. It is even alleged that The App is a browser add-on and is built using browser technology and it even allows users to share highlights with other users which altogether infringes the claim 1 of ’623 patent.”

 

Furthermore, Plaintiff alleged that “Amazon makes, uses, and sells devices, including but not limited to Kindle, Kindle Paperwhite, Kindle Oasis, and Kindle Kids Edition (collectively, the “Device”) which infringes the claims of ’713 patent in the way that the Device includes a memory that stores, among other things, executable software and included storage that acts locally and connects to the internet. In other words, the user of the Device could access his stored highlights to ebook on his iPhone running the App. Moreover, The Device is sold with the Kindle application & The user of the Device may also download updates to the App. The App enables the Device to display eBooks, magazine articles, and other documents on Device. The App facilitates the performance of this and other functions operating with a processor of the Device Which directly infringes the claim of ’713 patent Along with infringing other claims.”

 

In the two claims for relief laid down by Plaintiff, alleged infringement of the claims of ’623 patent & ’713 patent, wherein it has been alleged that Amazon has induced and continues to induce others to infringe claims of Patents-in-suit by, among other things, and with specific intent or willful blindness, actively aiding and abetting others to infringe, including customers, whose use of the Accused Products constitutes a direct infringement of claims Patents-in-suit.

 

In its prayer for relief, the plaintiff has requested the court to declare that Defendant has allegedly directly infringed claim 1 of the ’623 patent and the claims of the ’713 patent; a reasonable royalty; pre-judgment interest and post-judgment interest at the maximum rate allowed by law; post-judgment injunction, and costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00315

  • Filing Date:

    03/31/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

POP TOP CORP.

Defendant

Amazon.Com, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Henry Artoush Ohanian

Attorney at OhanianIP

604 West 13Th Street

Austin, TX 78701

Defendant Attorneys

Kevin A. Zeck

Attorney at Perkins Coie LLP

1201 3Rd Avenue, Suite 4900

Seattle, WA 98101

Daniel T. Shvodian

Attorney at Perkins Coie LLP

3150 Porter Drive

Palo Alto, CA 94304

M. Craig Tyler

Attorney at Perkins Coie LLP

500 W. 2Nd Street, Suite 1900

Austin, TX 78701

W. Matt Pierce

Attorney at Perkins Coie LLP

1900 16Th Street, Suite 1400

Denver, CO 80202

 

Court Documents

#1

11 #1

Proposed Order

#11

10 #1

Proposed Order

#10

9 #1

Proposed Order

#9

#8

#7

6 #1

Proposed Order

#6

#5

#4

#3

11 More Documents Available
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Docket Entries

  • 05/06/2021
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  • DocketText Order GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Kevin A. Zeck for Amazon.Com, 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.) (mm6) (Entered: 05/06/2021)

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  • 05/06/2021
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  • DocketText Order GRANTING #10 Motion to Appear Pro Hac Vice for Attorney W. Matt Pierce for Amazon.Com, 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.) (mm6) (Entered: 05/06/2021)

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  • 05/06/2021
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  • DocketText Order GRANTING #9 Motion to Appear Pro Hac Vice for Attorney Daniel T. Shvodian for Amazon.Com, 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.) (mm6) (Entered: 05/06/2021)

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  • 04/19/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by M. Craig Tyler for Kevin A. Zeck ( Filing fee $ 100 receipt number 0542-14711530) by on behalf of Amazon.Com, Inc.. (Attachments: #1 Proposed Order)(Tyler, M.) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#10) MOTION to Appear Pro Hac Vice by M. Craig Tyler for W. Matt Pierce ( Filing fee $ 100 receipt number 0542-14711480) by on behalf of Amazon.Com, Inc.. (Attachments: #1 Proposed Order)(Tyler, M.) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#9) MOTION to Appear Pro Hac Vice by M. Craig Tyler for Daniel T. Shvodian ( Filing fee $ 100 receipt number 0542-14711433) by on behalf of Amazon.Com, Inc.. (Attachments: #1 Proposed Order)(Tyler, M.) (Entered: 04/19/2021)

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  • 04/16/2021
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  • Docket(#8) RULE 7 DISCLOSURE STATEMENT filed by POP TOP CORP.. (Ohanian, Henry) (Entered: 04/16/2021)

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  • 04/14/2021
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  • Docket(#7) RULE 7 DISCLOSURE STATEMENT filed by Amazon.Com, Inc.. (Tyler, M.) (Entered: 04/14/2021)

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  • 04/14/2021
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  • Docket(#6) MOTION for Extension of Time to File Answer re #1 Complaint, by Amazon.Com, Inc.. (Attachments: #1 Proposed Order)(Tyler, M.) (Entered: 04/14/2021)

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  • 04/14/2021
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  • Docket(#5) NOTICE of Attorney Appearance by M. Craig Tyler on behalf of Amazon.Com, Inc.. Attorney M. Craig Tyler added to party Amazon.Com, Inc.(pty:dft) (Tyler, M.) (Entered: 04/14/2021)

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  • 03/31/2021
  • 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. (lad) (Entered: 03/31/2021)

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  • 03/31/2021
  • DocketAll parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#4) Summons Issued as to Amazon.Com, Inc.. (lad) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ohanian, Henry) (Main Document 3 replaced on 3/31/2021) (lad). (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by POP TOP CORP.. (Ohanian, Henry) (Main Document 2 replaced on 3/31/2021) (lad). (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14649147), filed by POP TOP CORP.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - U.S. Pat. No. 7,966,623, #3 Exhibit B - U.S. Pat. No. 10,866,713)(Ohanian, Henry) (Attachment 1 replaced on 3/31/2021) (lad). (Entered: 03/31/2021)

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