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This case was last updated from PACER on 05/18/2021 at 10:15:03 (UTC).

Proven Networks, LLC v. VMware, Inc.

Case Summary

On March 19, 2021, Proven Networks, LLC (“Plaintiff” or “Proven Networks”), represented by Benjamin T. Wang, Brian D. Ledahl, Marc A. Fenster, Paul A. Kroeger and Reza Mirzaie at Russ August & Kabat filed a patent infringement action against VMWare, Inc. (“Defendant”), seeking injunctive relief, reasonable royalty and monetary damages for the alleged unlawful infringement of Multiple Displays of Large Dynamic Alarm Windows. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

Proven Networks “owns by assignment all rights, title, and interest in U.S. Patent No. 8,266,530, (’530 patent) titled “Multiple Displays of Large Dynamic Alarm Windows.” The ’530 Patent was duly and legally issued by the United States Patent and Trademark Office on September 11, 2012.” The Plaintiff has provided a description of the patent in its submissions including but not limited to the deficiencies addressed and functions performed by the product.

In its complaint, the Plaintiff alleged that the “Defendant makes, uses, offers for sale, sells, and/or imports certain products (“Accused Products”), including VMware vRealize Operations Manager directly infringes, literally and/or under the doctrine of equivalents, claims 1–20 of the ’530 Patent. Defendant also knowingly and intentionally induces infringement of claims 1–20 of the ’530 Patent in violation of 35 U.S.C. § 271(b). At least through the filing and service of this Complaint, Defendant has knowledge of the ’530 Patent and the infringing nature of the Accused Products. Despite this knowledge of the ’530 Patent, Defendant continues to actively encourage and instruct its customers and end users to use the Accused Products in ways that directly infringe the ’530 Patent. Defendant does so knowingly and intending that its customers and end users will commit these infringing acts”.

The Plaintiff further alleged that the “Accused Products satisfy all claim limitations of claims 1–20 of the ’530 Patent. By making, using, offering for sale, selling and/or importing into the United States the Accused Products, Defendant has injured Plaintiff and is liable for infringement of the ’530 Patent pursuant to 35 U.S.C. § 271”. The Plaintiff also alleged that “Defendant’s infringing activities have injured and will continue to injure Plaintiff unless and until this Court enters an injunction prohibiting further infringement of the ’530 Patent, and, specifically, enjoining further manufacture, use, sale, importation, and/or offers for sale that come within the scope of the patent claims”.

The only claim for relief laid down by the Plaintiff is for the alleged infringement of one or more claims of (the “’530 Patent”). 

In its prayer for relief, Proven Networks has requested the court to permanently injunct the Defendant from further acts of infringement of the ’530 Patent, an order requiring Defendant to pay Plaintiff its damages, costs, expenses, pre-judgment and post-judgment interest for Defendant’s infringement of the ’530 Patent, to provide an accounting and to pay supplemental damages to Plaintiff, including without limitation, pre-judgment and post-judgment interest, an order finding that this is an exceptional case within the meaning of 35 U.S.C. §285, awarding to Plaintiff its reasonable attorneys’ fees against Defendant and a judgement in favour of Plaintiff that Defendant has infringed, either literally and/or under the doctrine of equivalents the ’530 Patent.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00275

  • Filing Date:

    03/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Proven Networks, LLC

Defendant

VMware, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Reza Mirzaie

Attorney at Russ August & Kabat

12424 Wilshire Blvd., 12Th Floor

Los Angeles, CA 90025

Brian D. Ledahl

Attorney at Russ August & Kabat

12424 Wilshire Blvd., 12Th Floor

Los Angeles, CA 90025

Paul A. Kroeger

Attorney at Russ August & Kabat

12424 Wilshire Blvd., 12Th Floor

Los Angeles, CA 90025

Benjamin T. Wang

Attorney at Russ August & Kabat

12424 Wilshire Blvd., 12Th Floor

Los Angeles, CA 90025

Marc A. Fenster

Attorney at Russ August & Kabat

12424 Wilshire Blvd., 12Th Floor

Los Angeles, CA 90025

Defendant Attorneys

Michael R. Rueckheim

Attorney at Winston & Strawn

275 Middlefield Road, Site 205

Menlo Park, CA 94025

Katherine Kelly Vidal

Attorney at Winston & Strawn LLP

275 Middlefield Road, Suite 205

Menlo Park, CA 94025

 

Court Documents

#10

(#10) MOTION to Appear Pro Hac Vice by Katherine Kelly Vidal (with Proposed Order) ( Filing fee $ 100 receipt number 0542-14754323) by on behalf of VMware, Inc.. (Vidal, Katherine) (Entered: 04/29/2021)

9 #1

Proposed Order

#9

(#9) Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by VMware, Inc.. (Attachments: #1 Proposed Order)(Rueckheim, Michael) (Entered: 04/19/2021)

#8

(#8) NOTICE of Attorney Appearance by Michael R. Rueckheim on behalf of VMware, Inc.. Attorney Michael R. Rueckheim added to party VMware, Inc.(pty:dft) (Rueckheim, Michael) (Entered: 04/19/2021)

#7

(#7) SUMMONS Returned Executed by Proven Networks, LLC. VMware, Inc. served on 3/31/2021, answer due 4/21/2021. (Mirzaie, Reza) (Entered: 04/05/2021)

#6

(#6) Summons Issued as to VMware, Inc.. (bw) (Entered: 03/19/2021)

#5

(#5) RULE 7 DISCLOSURE STATEMENT filed by Proven Networks, LLC. (Mirzaie, Reza) (Entered: 03/19/2021)

#4

(#4) NOTICE OF RELATED CASES by Proven Networks, LLC re #1 Complaint (Mirzaie, Reza) (Entered: 03/19/2021)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Mirzaie, Reza) (Entered: 03/19/2021)

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by Proven Networks, LLC. (Mirzaie, Reza) (Entered: 03/19/2021)

1 #3

Civil Cover Sheet

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

(#1) COMPLAINT FOR PATENT INFRINGEMENT AGAINST VMWARE, INC. ( Filing fee $ 402 receipt number 0542-14611401), filed by Proven Networks, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 03/19/2021)

4 More Documents Available
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Docket Entries

  • 05/11/2021
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  • DocketText Order GRANTING #10 Motion to Appear Pro Hac Vice for Attorney Katherine Kelly Vidal for VMware, 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: 05/11/2021)

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  • 04/29/2021
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  • Docket(#10) MOTION to Appear Pro Hac Vice by Katherine Kelly Vidal (with Proposed Order) ( Filing fee $ 100 receipt number 0542-14754323) by on behalf of VMware, Inc.. (Vidal, Katherine) (Entered: 04/29/2021)

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  • 04/19/2021
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  • Docket(#9) Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by VMware, Inc.. (Attachments: #1 Proposed Order)(Rueckheim, Michael) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#8) NOTICE of Attorney Appearance by Michael R. Rueckheim on behalf of VMware, Inc.. Attorney Michael R. Rueckheim added to party VMware, Inc.(pty:dft) (Rueckheim, Michael) (Entered: 04/19/2021)

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  • 04/05/2021
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  • Docket(#7) SUMMONS Returned Executed by Proven Networks, LLC. VMware, Inc. served on 3/31/2021, answer due 4/21/2021. (Mirzaie, Reza) (Entered: 04/05/2021)

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  • 03/19/2021
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  • Docket(#6) Summons Issued as to VMware, Inc.. (bw) (Entered: 03/19/2021)

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  • 03/19/2021
  • DocketAll parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/ (Entered: 03/19/2021)

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  • 03/19/2021
  • 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. (bw) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#5) RULE 7 DISCLOSURE STATEMENT filed by Proven Networks, LLC. (Mirzaie, Reza) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#4) NOTICE OF RELATED CASES by Proven Networks, LLC re #1 Complaint (Mirzaie, Reza) (Entered: 03/19/2021)

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  • 03/19/2021
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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. (Mirzaie, Reza) (Entered: 03/19/2021)

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  • 03/19/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by Proven Networks, LLC. (Mirzaie, Reza) (Entered: 03/19/2021)

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  • 03/19/2021
  • View Court Documents
  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT AGAINST VMWARE, INC. ( Filing fee $ 402 receipt number 0542-14611401), filed by Proven Networks, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 03/19/2021)

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