This case was last updated from U.S. District Courts on 01/07/2022 at 08:09:44 (UTC).

Raven Sun Creative, Inc. v. Walt Disney Parks and Resorts U.S., Inc.

Case Summary

On November 8, 2021, Raven Sun Creative, Inc. (“Plaintiff”), filed an intellectual property lawsuit against Walt Disney Park and Resorts U.S., Inc. (“Defendant”), seeking injunctive relief and damages along with pre-and post-judgment interest for alleged infringement of a United States patent owned by the Plaintiff. This case was filed in the U.S. District Court in the Middle District of Florida with Judges Anne C. Conway and Embry J. Kidd presiding.

 

The Plaintiff filed this complaint about the alleged infringement of United States Patent No. 9,266,028 B2 (“the ‘028 Patent” or “Patent-in-Suit” or “Asserted Patent”) entitled “Tower Ride.” owned by the Plaintiff.

 

In the complaint, the Plaintiff alleged that “Defendant owns and operates several theme parks around the world including Disney’s Hollywood Studios in Buena Vista, Florida, and Disneyland Park in Anaheim, California. Defendant opened up a new ride, Star Wars: Rise of the Resistance (“Accused Products” or “ROTR” herein), at Hollywood Studios on or about December 5, 2019, and at Disneyland Resort on or about January 17, 2020. Based on the public statements of Defendant’s employees who worked on ROTR, as well as other publicly available information relating to how ROTR operates, the Accused Products were manufactured to operate, have operated, and continue to operate according to the patented invention covered by at least Claim 1 of the ’028 Patent.”

 

The Plaintiff further alleged that “Defendant has infringed directly and continues to infringe directly, either literally or under the doctrine of equivalents, at least Claim 1 of the ‘028 Patent by its manufacture and continued use of the Accused Products. Before the filing of this suit, Plaintiff attempted to amicably engage Defendant on more than one occasion in an effort to resolve its claims of infringement. On or about March 10, 2020, Plaintiff notified Defendant that their ROTR rides infringe the claims of Plaintiff’s ‘028 patent. Unfortunately, on or about November 17, 2020 Defendant notified Plaintiff that it would continue operating the Accused Products and that it would not remunerate Plaintiff for its continued infringement of the ’028 Patent.”

 

The Plaintiff also alleged that “Defendant’s infringement has been willful from the time Defendant became aware of its infringement. Defendant has had actual notice of the ‘028 Patent, at least as early as March 10, 2020, the date by which Plaintiff gave actual notice of infringement to Defendant. Plaintiff has been damaged as a result of Defendant’s infringing conduct. Defendant has obtained revenues, gains, benefits, and advantages, including convoyed sales, through the manufacture, promotion, use, and sale of the Accused Products.”

 

There is only one claim for relief laid down by the Plaintiff for alleged infringement of the Patent-in-Suit owned by the Plaintiff.

 

In its prayer for relief, the Plaintiff has requested the Court for a judgment that one or more claims of the Asserted Patent have been directly infringed, either literally or under the doctrine of equivalents by the Defendant, that the Defendant accounts for and pays to Plaintiff all damages to and costs incurred by Plaintiff because of Defendant’s infringing activities and that the court award treble damages for the period of such willful infringement along with pre-and post-judgment interest. The Plaintiff also requested the Court for such other and further relief as the court may deem just and proper under the circumstances.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-01864

  • Filing Date:

    11/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Anne C. Conway

Referral Judge

Embry J. Kidd

 

Party Details

Plaintiff

Raven Sun Creative, Inc.

Defendant

Walt Disney Parks and Resorts U.S., Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Dave R. Gunter

Attorney at Friedman, Suder & Cooke

Suite 200604 E. 4Th Street

Fort Worth, TX 76102

Jonathan T. Suder

Attorney at Friedman, Suder & Cooke

Suite 200 - Tindall Sq Warehouse 1604 E 4Th S

Ft Worth, TX 76102

Joel B. Rothman

Attorney at Schneider Rothman Intellectual Property Law Group, PLLC

21301 Powerline Rd, Suite 100

Boca Raton, FL 33433

Defendant Attorney

Bradley P. Blystone

Attorney at Marshall, Dennehey, Warner, Coleman & Goggin

315 E Robinson St Ste 550

Orlando, FL 32801

 

Court Documents

#27

(#27) NOTICE of Lead Counsel Designation by Bradley P. Blystone on behalf of Walt Disney Parks and Resorts U.S., Inc.. Lead Counsel: Douglas E. Lumish. (Blystone, Bradley) (Entered: 01/06/2022)

#26

(#26) ORDER granting #25 Amended Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 1/6/2022. (IRM) (Entered: 01/06/2022)

25 #1

Exhibit

#25

(#25) Amended MOTION for Douglas E. Lumish to appear pro hac vice by Walt Disney Parks and Resorts U.S., Inc.. (Attachments: #1 Exhibit)(Blystone, Bradley) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 01/06/2022)

#24

(#24) ORDER granting #19, #20, and #22 Motions to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 1/6/2022. (IRM) (Entered: 01/06/2022)

22 #1

Exhibit

#22

(#22) MOTION for Linfong Tzeng to appear pro hac vice by Walt Disney Parks and Resorts U.S., Inc.. (Attachments: #1 Exhibit)(Blystone, Bradley) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 01/05/2022)

#20

(#20) MOTION for Joseph H. Lee to appear pro hac vice by Walt Disney Parks and Resorts U.S., Inc.. (Attachments: #1 Exhibit)(Blystone, Bradley) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 01/05/2022)

19 #1

Exhibit

8 #1

Declaration of Jonathan T. Suder

#8

(#8) Unopposed MOTION for Jonathan T. Suder to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18931540 for $150 by Raven Sun Creative, Inc.. (Attachments: #1 Declaration of Jonathan T. Suder)(Rothman, Joel) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 11/16/2021)

#7

(#7) ORDER for David R. Gunter to comply with the administrative procedures regarding electronic filing and register for a login/password within 14 days from the date of this order. Signed by Judge Anne C. Conway on 11/15/2021. (copies mailed/emailed)(AKC) (Entered: 11/15/2021)

#6

(#6) INITIAL CASE ORDER (Patent case) - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 11/12/2021. (copies mailed/emailed)(AKC) (Entered: 11/12/2021)

#4

(#4) SUMMONS issued as to Walt Disney Parks and Resorts U.S., Inc.. (BD) (Entered: 11/10/2021)

#3

(#3) Patent Report sent to Alexandria, VA. (Attachments: #1 Complaint) (BD) (Entered: 11/10/2021)

1 #2

Proposed Summons

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against Raven Sun Creative, Inc. with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18904738) filed by Raven Sun Creative, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1)(Rothman, Joel) Modified on 11/9/2021 to add receipt number (NAS). (Entered: 11/09/2021)

32 More Documents Available
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Docket Entries

  • 01/06/2022
  • View Court Documents
  • Docket(#27) NOTICE of Lead Counsel Designation by Bradley P. Blystone on behalf of Walt Disney Parks and Resorts U.S., Inc.. Lead Counsel: Douglas E. Lumish. (Blystone, Bradley) (Entered: 01/06/2022)

    Read MoreRead Less
  • 01/06/2022
  • View Court Documents
  • Docket(#26) ORDER granting #25 Amended Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 1/6/2022. (IRM) (Entered: 01/06/2022)

    Read MoreRead Less
  • 01/06/2022
  • View Court Documents
  • Docket(#25) Amended MOTION for Douglas E. Lumish to appear pro hac vice by Walt Disney Parks and Resorts U.S., Inc.. (Attachments: #1 Exhibit)(Blystone, Bradley) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 01/06/2022)

    Read MoreRead Less
  • 01/06/2022
  • View Court Documents
  • Docket(#24) ORDER granting #19, #20, and #22 Motions to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 1/6/2022. (IRM) (Entered: 01/06/2022)

    Read MoreRead Less
  • 01/05/2022
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  • Docket(#23) ORDER denying without prejudice #21 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 1/5/2022. (IRM) (Entered: 01/05/2022)

    Read MoreRead Less
  • 01/05/2022
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  • Docket(#22) MOTION for Linfong Tzeng to appear pro hac vice by Walt Disney Parks and Resorts U.S., Inc.. (Attachments: #1 Exhibit)(Blystone, Bradley) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 01/05/2022)

    Read MoreRead Less
  • 01/05/2022
  • View Court Documents
  • Docket(#21) MOTION for Douglas E. Lumish to appear pro hac vice by Walt Disney Parks and Resorts U.S., Inc.. (Attachments: #1 Exhibit)(Blystone, Bradley) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 01/05/2022)

    Read MoreRead Less
  • 01/05/2022
  • View Court Documents
  • Docket(#20) MOTION for Joseph H. Lee to appear pro hac vice by Walt Disney Parks and Resorts U.S., Inc.. (Attachments: #1 Exhibit)(Blystone, Bradley) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 01/05/2022)

    Read MoreRead Less
  • 01/05/2022
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  • Docket(#19) MOTION for B. Rashmi Borah to appear pro hac vice by Walt Disney Parks and Resorts U.S., Inc.. (Attachments: #1 Exhibit)(Blystone, Bradley) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 01/05/2022)

    Read MoreRead Less
  • 12/07/2021
  • DocketSet/reset deadlines/hearings: for Walt Disney Parks and Resorts U.S., Inc.. Answer due by 1/7/2022. (RDO) (Entered: 12/07/2021)

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8 More Docket Entries
  • 11/16/2021
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  • Docket(#10) ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 11/16/2021. (PML) ctp (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#9) Unopposed MOTION for Dave Gunter to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18931716 for $150 by Raven Sun Creative, Inc.. (Attachments: #1 Declaration of Dave Gunter)(Rothman, Joel) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/16/2021
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  • Docket(#8) Unopposed MOTION for Jonathan T. Suder to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18931540 for $150 by Raven Sun Creative, Inc.. (Attachments: #1 Declaration of Jonathan T. Suder)(Rothman, Joel) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 11/16/2021)

    Read MoreRead Less
  • 11/15/2021
  • View Court Documents
  • Docket(#7) ORDER for David R. Gunter to comply with the administrative procedures regarding electronic filing and register for a login/password within 14 days from the date of this order. Signed by Judge Anne C. Conway on 11/15/2021. (copies mailed/emailed)(AKC) (Entered: 11/15/2021)

    Read MoreRead Less
  • 11/12/2021
  • View Court Documents
  • Docket(#6) INITIAL CASE ORDER (Patent case) - Notice of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 11/12/2021. (copies mailed/emailed)(AKC) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/10/2021
  • Docket(#5) NOTICE to counsel Jonathan T. Suder and Dave R. Gunter. Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD) (Entered: 11/10/2021)

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  • 11/10/2021
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  • Docket(#4) SUMMONS issued as to Walt Disney Parks and Resorts U.S., Inc.. (BD) (Entered: 11/10/2021)

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  • 11/10/2021
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  • Docket(#3) Patent Report sent to Alexandria, VA. (Attachments: #1 Complaint) (BD) (Entered: 11/10/2021)

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  • 11/09/2021
  • Docket(#2) NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Embry J. Kidd. New case number: 6:21-cv-1864-ACC-EJK. (NAS) (Entered: 11/09/2021)

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  • 11/09/2021
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  • Docket(#1) COMPLAINT against Raven Sun Creative, Inc. with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18904738) filed by Raven Sun Creative, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1)(Rothman, Joel) Modified on 11/9/2021 to add receipt number (NAS). (Entered: 11/09/2021)

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