On September 28, 2021, R2 Solutions LLC (“R2 Solutions” or “Plaintiff”), represented by Brent N. Bumgardner, Carder W. Brooks, Christopher Granaghan and Edward Nelson, III of Nelson Bumgardner Conroy P.C., filed an intellectual property lawsuit against Roku, Inc. (“Roku” or (“Defendant”), seeking supplemental damages, costs, expenses, and prejudgment and post-judgment interest and other relief for alleged infringement of various United States Patents owned by Plaintiff. This case was filed in the United States District Court in the Western District of Texas with Judge Alan D. Albright presiding.
This is an action for alleged Patent infringement by Defendants of the United States Patent No. 8,209,317 (“the ’317 patent”), United States Patent No. 7,860,878 (“the ’878 patent”), United States Patent No. 8,862,610 (“the ’610 patent”), United States Patent No. 8,442,929 (“the ’929 patent”), United States Patent No. 8,903,778 (“the ’778 patent”), and United States Patent No. 9,805,097 (“the ’097 patent”) (collectively as the “patents-in-suit”).
In the complaint, Plaintiff alleged that, “The specifications of the patents-in-suit disclose shortcomings in the prior art and then explain, in detail, the technical way the claimed inventions resolve or overcome those shortcomings. Accordingly, the claims of the patents-in-suit are directed to patent eligible subject matter under 35 U.S.C. § 101. They are not directed to abstract ideas, and the technologies covered by the claims consist of ordered combinations of features and functions that, at the time of invention, were not, alone or in combination, well-understood, routine, or conventional.”
Plaintiff also alleged that, “The inventions described and claimed in the ’317 patent improve the speed, efficiency, effectiveness, and functionality of computer systems. Moreover, the inventions provide an improvement in computer functionality rather than economic or other tasks for which a computer is used in its ordinary capacity. The specification explains, for instance, that partial queries are “shorthand ways of expressing typical search queries.”
Further, Plaintiff alleged that, “Roku has directly infringed and continues to directly infringe one or more claims of the ’317 patent in this District and elsewhere in Texas and the United States. To this end, Roku has infringed and continues to infringe, either by itself or via an agent, at least Claims 1 and 8 of the ’317 patent by, among other things, making, offering to sell, selling, testing and/or using the Roku Systems.”
There are six claims for relief laid down by Plaintiff for the infringement of the patents-in-suit.
In the prayer for relief, Plaintiff has requested the court to pass an order for an award of past and future damages under 35 U.S.C. § 284, including supplemental damages arising from any continuing, post-verdict infringement, together with an accounting, as needed, as provided under 35 U.S.C. § 284 and prejudgment and post-judgment interest. Further, Plaintiff requested the court for an award of attorneys’ fees and costs and further relief as the court may deem just and proper.
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6:21-CV-00997
09/28/2021
Pending - Other Pending
Intellectual Property - Patent
Alan D Albright
R2 Solutions LLC
Roku, Inc.
Brent N. Bumgardner
Carder W. Brooks
Christopher Granaghan
Edward Nelson, III
David N. Deaconson
Taylor Joyce Lawrence
Josef Bryks Schenker
Proposed Order
(#16) NOTICE Roku, Inc.'s Second Notice to Court of Agreed Extension to Answer or Otherwise Appear by Roku, Inc. (Attachments: #1 Proposed Order)(Deaconson, David) (Entered: 11/15/2021)
(#15) ORDER GRANTING #14 Motion to Appear Pro Hac Vice for Attorney Taylor Joyce Lawrence. Attorney added for Roku, Inc. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 11/15/2021)
(#14) MOTION to Appear Pro Hac Vice by David N. Deaconson Taylor Lawrence ( Filing fee $ 100 receipt number 0542-15423509) by on behalf of Roku, Inc.. (Deaconson, David) (Entered: 11/09/2021)
(#13) RULE 7 DISCLOSURE STATEMENT filed by Roku, Inc.. (Deaconson, David) (Entered: 10/25/2021)
(#11) NOTICE of Attorney Appearance by Josef Bryks Schenker on behalf of Roku, Inc.. Attorney Josef Bryks Schenker added to party Roku, Inc.(pty:dft) (Schenker, Josef) (Entered: 10/13/2021)
(#10) NOTICE Notice of Change of Firm Name and Contact Information by R2 Solutions LLC (Nelson, Edward) (Entered: 10/13/2021)
(#9) ORDER re Set/Reset Answer Deadline, #8 Notice (Other) filed by Roku, Inc. Court orders that the time in which Roku is required to move, answer, or otherwise respond toPlaintiffs Complaint be extended to and include November 19, 2021. Signed by Judge Alan D Albright. (jc5) (Entered: 10/12/2021)
(#8) NOTICE to Extend Time to Answer or Otherwise Response to Plaintiff's Complaint by Roku, Inc. (Attachments: #1 Proposed Order)(Deaconson, David) (Entered: 10/12/2021)
Exhibit 10
Exhibit 8
Exhibit 6
Exhibit 5
Exhibit 4
Exhibit 3
Exhibit 2
Exhibit 1
DocketReset Deadlines: Roku, Inc. answer due 12/5/2021. (jc5) (Entered: 11/16/2021)
[-] Read LessDocket(#16) NOTICE Roku, Inc.'s Second Notice to Court of Agreed Extension to Answer or Otherwise Appear by Roku, Inc. (Attachments: #1 Proposed Order)(Deaconson, David) (Entered: 11/15/2021)
[-] Read LessDocket(#15) ORDER GRANTING #14 Motion to Appear Pro Hac Vice for Attorney Taylor Joyce Lawrence. Attorney added for Roku, Inc. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 11/15/2021)
[-] Read LessDocket(#14) MOTION to Appear Pro Hac Vice by David N. Deaconson Taylor Lawrence ( Filing fee $ 100 receipt number 0542-15423509) by on behalf of Roku, Inc.. (Deaconson, David) (Entered: 11/09/2021)
[-] Read LessDocket(#13) RULE 7 DISCLOSURE STATEMENT filed by Roku, Inc.. (Deaconson, David) (Entered: 10/25/2021)
[-] Read LessDocket(#11) NOTICE of Attorney Appearance by Josef Bryks Schenker on behalf of Roku, Inc.. Attorney Josef Bryks Schenker added to party Roku, Inc.(pty:dft) (Schenker, Josef) (Entered: 10/13/2021)
[-] Read LessDocket(#10) NOTICE Notice of Change of Firm Name and Contact Information by R2 Solutions LLC (Nelson, Edward) (Entered: 10/13/2021)
[-] Read LessDocket(#9) ORDER re Set/Reset Answer Deadline, #8 Notice (Other) filed by Roku, Inc. Court orders that the time in which Roku is required to move, answer, or otherwise respond toPlaintiffs Complaint be extended to and include November 19, 2021. Signed by Judge Alan D Albright. (jc5) (Entered: 10/12/2021)
[-] Read LessDocketReset Deadlines: Roku, Inc. answer due 11/19/2021. (lad) (Entered: 10/12/2021)
[-] Read LessDocket(#8) NOTICE to Extend Time to Answer or Otherwise Response to Plaintiff's Complaint by Roku, Inc. (Attachments: #1 Proposed Order)(Deaconson, David) (Entered: 10/12/2021)
[-] Read LessDocket(#12) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 10/13/2021)
[-] Read LessDocket(#7) Unopposed MOTION for Extension of Time to File Answer by Roku, Inc.. (Attachments: #1 Proposed Order)(Deaconson, David) (Entered: 10/08/2021)
[-] Read LessDocket(#6) SUMMONS Returned Executed by R2 Solutions LLC. Roku, Inc. served on 9/30/2021, answer due 10/21/2021. (Nelson, Edward) (Entered: 10/05/2021)
[-] Read LessDocket(#5) Summons Issued as to Roku, Inc. (jc5) (Entered: 09/28/2021)
[-] Read LessDocketCase 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. (jc5) (Entered: 09/28/2021)
[-] Read LessDocketAll parties shall flatten all documents before e-filing. All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/ (jc5) (Entered: 09/28/2021)
[-] Read LessDocket(#4) RULE 7 DISCLOSURE STATEMENT filed by R2 Solutions LLC identifying Corporate Parent Acacia Research Group LLC for R2 Solutions LLC. (Nelson, Edward) (Entered: 09/28/2021)
[-] Read LessDocket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Nelson, Edward) (Entered: 09/28/2021)
[-] Read LessDocket(#2) REQUEST FOR ISSUANCE OF SUMMONS by R2 Solutions LLC. (Nelson, Edward) (Entered: 09/28/2021)
[-] Read LessDocket(#1) COMPLAINT Complaint for Patent Infringement ( Filing fee $ 402 receipt number 0542-15274299), filed by R2 Solutions LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(Nelson, Edward) (Entered: 09/28/2021)
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