This case was last updated from PACER on 06/07/2021 at 09:55:48 (UTC).

Red Rock Analytics, LLC v. Apple Inc. et al

Case Summary

On April 08, 2021, Red Rock Analytics, LLC (“Red Rock” or “Plaintiff”), represented Claire Abernathy Henry and T. John Ward, Jr. of Ward Smith & Hill, PLLC, Elizabeth L. DeRieux and S. Calvin Capshaw, III of Capshaw DeRieux, L.L.P., Leslie V. Payne and Michael F. Heim of Heim, Payne & Chorush, LLP, filed an intellectual property lawsuit against Apple Inc. (“Apple”) and Qualcomm, Inc. (“Qualcomm”) (collectively, “Defendants”), seeking a judgement, permanent enjoinment, damages and royalty for allegedly unlawfully infringing Calibration of I-Q Balance in Transceivers.  This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding.  

 

In its complaint, the Plaintiff alleged that, “Apple and Qualcomm manufacture and/or sell and/or offer for sale and/or import the same products and processes accused in this action concerning Qualcomm’s 5G Infringing Products, Apple has directly infringed and continues to directly infringe numerous claims of the ’313 Patent, including at least claims 7, 8, 11, 12, 15, 16, 17, 18, 21, 22, 23, 26, 27, 30, 32, 33, 34, 37, 44, 45, 48, 49, 52, 53, 54, 55, 58, 59, 60, 63, 64, 67, 69, 70, 71, and 74 by its manufacture, use, sale, importation, and/or offer for sale of products (e.g., computers, cellular phones, tablets, watches) that include 5G wireless transceivers (the “Apple Infringing Products” or the “Apple Accused Products”). The Apple Infringing Products include the iPhone 12, iPhone 12 mini, iPhone 12 Pro, and iPhone 12 Pro Max. Based on Apple’s public statements and third-party analyses of Apple’s products, the Apple Infringing Products.”

 

The Plaintiff further alleged that, “Qualcomm has directly infringed and continues to directly infringe numerous claims of the ’313 Patent, including at least claims 7, 8, 11, 12, 15, 16, 17, 18, 21, 22, 23, 26, 27, 30, 32, 33, 34, 37, 44, 45, 48, 49, 52, 53, 54, 55, 58, 59, 60, 63, 64, 67, 69, 70, 71, and 74 by its manufacture, use, sale, importation, and/or offer for sale of 5G wireless transceivers and Wi-Fi 6 wireless transceivers (the “Qualcomm Infringing Products” or the “Qualcomm Accused Products”). Based on Qualcomm’s public statements and third-party analyses of Qualcomm’s products, the Qualcomm Infringing Products. Defendant Qualcomm has knowledge of the ’313 Patent and indirectly infringes by contributing to the infringement of, and continuing to contribute to the infringement of, one or more claims of the ’313 Patent under 35 U.S.C. § 271(c) and/or 271(f) by selling, offering for sale, and/or importing into the United States, the Infringing Products and/or components of the Infringing Products.”

 

The only claim for relief laid down by the Plaintiff is for the alleged infringement of one or more claims of ‘313 Patent by Defendants.

 

In its prayer for relief, the Plaintiff has requested the court for a judgment in favour of Red Rock that Defendant Apple has infringed and is infringing, either literally and/or under the doctrine of equivalents, U.S. Patent No. 7,346,313, an Order permanently enjoining Defendants from further direct and/or indirect infringement of U.S. Patent No. 7,346,313, permanently enjoining Defendant Qualcomm, supplemental damages, ongoing royalty for Defendant’s post-judgment infringement, a declaration that the Defendants’ infringement was willful, an award of treble damages pursuant to 35 U.S.C. § 284, and Granting Red Rock its costs and further relief as the Court may deem just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00346

  • Filing Date:

    04/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Red Rock Analytics, LLC

Defendants

Qualcomm, Inc.

Apple Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Claire Abernathy Henry

Attorney at Ward Smith & Hill, PLLC

1507 Bill Owens Pkwy

Longview, TX 75604

S. Calvin Capshaw, III

Attorney at Capshaw DeRieux, LLP

114 E. Commerce Ave.

Gladewater, TX 75647

Elizabeth L. DeRieux

Attorney at Capshaw DeRieux, L.L.P.

114 E. Commerce Ave.

Gladewater, TX 75647

T. John Ward, Jr.

Attorney at Ward Smith & Hill, PLLC

P.O. Box 1231

Longview, TX 75606

Michael F. Heim

Attorney at Heim Payne & Chorush LLP

1111 Bagby St., Suite 2100

Houston, TX 77002

Leslie V. Payne

Attorney at Heim, Payne & Chorush, LLP

1111 Bagby St., Suite 2100

Houston, TX 77002

Kyle Ruvolo

Attorney at Heim, Payne & Chorush, LLP

1111 Bagby Street, Suite 2100

Houston, TX 77002

Alden G. Harris

Attorney at Heim, Payne & Chorush, LLP

1111 Bagby Street, Suite 2100

Houston, TX 77002

Defendant Attorneys

Douglas M. Kubehl

Attorney at Baker Botts LLP

2001 Ross Avenue

Dallas, TX 75201

Kelly Ransom

Attorney at Kelly Hat Hallman LLP

303 Colorado, Suite 2000

Austin, TX 78701

J. Stephen Ravel

Attorney at Kelly Hart & Hallman LLP

303 Colorado Street, Suite 2000

Austin, TX 78701

 

Court Documents

15 #1

Proposed Order

14 #1

Proposed Order

#14

(#14) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Apple Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 04/19/2021)

#12

(#12) SUMMONS Returned Executed by Red Rock Analytics, LLC. Apple Inc. served on 4/12/2021, answer due 5/3/2021. (Payne, Leslie) (Entered: 04/14/2021)

#11

No Description Available

#10

No Description Available

#9

No Description Available

#8

(#8) REQUEST FOR ISSUANCE OF SUMMONS by Red Rock Analytics, LLC. for Apple Inc. and Qualcomm, Inc. (Payne, Leslie) (Entered: 04/09/2021)

#7

(#7) SUPPLEMENT to #2 MOTION to Appear Pro Hac Vice by Alden G. Harris ( Filing fee $ 100 receipt number 0542-14676830) by Red Rock Analytics, LLC. (Harris, Alden) (Entered: 04/08/2021)

#6

(#6) SUPPLEMENT to #3 MOTION to Appear Pro Hac Vice by Leslie V. Payne for Kyle Ruvolo ( Filing fee $ 100 receipt number 0542-14676923) by Red Rock Analytics, LLC. (Payne, Leslie) (Entered: 04/08/2021)

#5

(#5) RULE 7 DISCLOSURE STATEMENT filed by Red Rock Analytics, LLC. (Payne, Leslie) (Entered: 04/08/2021)

#3

Text Order GRANTING #3 Motion to Appear Pro Hac Vice for Attorney Kyle Ruvolo for Red Rock Analytics, LLC. 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: 04/19/2021)

#2

Text Order GRANTING #2 Motion to Appear Pro Hac Vice for Attorney Alden G. Harris for Red Rock Analytics, LLC. 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: 04/19/2021)

1 #3

Civil Cover Sheet

1 #2

Exhibit B

#1

(#14) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Apple Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 04/19/2021)

11 More Documents Available
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Docket Entries

  • 05/03/2021
  • DocketReset Answer Deadlines: Qualcomm, Inc. answer due 6/17/2021. (bw) (Entered: 05/03/2021)

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  • 05/03/2021
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  • DocketText Order GRANTING #15 Motion for Extension of Time to Answer entered by Judge Alan D Albright. IT IS THEREFORE ORDERED that Qualcomm Incorporated's Motion for Extension of Time is GRANTED; and IT IS FURTHER ORDERED that Qualcomm Incorporated shall have up to and including June 17, 2021 to answer or otherwise respond to the Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 05/03/2021)

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  • 04/22/2021
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  • Docket(#15) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Qualcomm, Inc.. (Attachments: #1 Proposed Order)(Kubehl, Douglas) (Entered: 04/22/2021)

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  • 04/20/2021
  • DocketReset Deadlines: Apple Inc. answer due 6/17/2021. (klw) (Entered: 04/20/2021)

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  • 04/20/2021
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  • DocketText Order GRANTING #14 Motion for Extension of Time to Answer entered by Judge Alan D Albright. It is therefore ORDERED that Defendant Apple Inc.'s Unopposed Motion is GRANTED, and Defendant's deadline to file a response to Plaintiff's Complaint is hereby extended through and including June 17, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 04/20/2021)

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  • 04/19/2021
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  • Docket(#14) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Apple Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#13) NOTICE of Attorney Appearance by J. Stephen Ravel on behalf of Apple Inc.. Attorney J. Stephen Ravel added to party Apple Inc.(pty:dft) (Ravel, J.) (Entered: 04/19/2021)

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  • 04/19/2021
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  • DocketText Order GRANTING #3 Motion to Appear Pro Hac Vice for Attorney Kyle Ruvolo for Red Rock Analytics, LLC. 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: 04/19/2021)

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  • 04/19/2021
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  • DocketText Order GRANTING #2 Motion to Appear Pro Hac Vice for Attorney Alden G. Harris for Red Rock Analytics, LLC. 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: 04/19/2021)

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  • 04/14/2021
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  • Docket(#12) SUMMONS Returned Executed by Red Rock Analytics, LLC. Apple Inc. served on 4/12/2021, answer due 5/3/2021. (Payne, Leslie) (Entered: 04/14/2021)

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3 More Docket Entries
  • 04/09/2021
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  • Docket(#8) REQUEST FOR ISSUANCE OF SUMMONS by Red Rock Analytics, LLC. for Apple Inc. and Qualcomm, Inc. (Payne, Leslie) (Entered: 04/09/2021)

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  • 04/08/2021
  • 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: 04/08/2021)

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  • 04/08/2021
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  • Docket(#7) SUPPLEMENT to #2 MOTION to Appear Pro Hac Vice by Alden G. Harris ( Filing fee $ 100 receipt number 0542-14676830) by Red Rock Analytics, LLC. (Harris, Alden) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#6) SUPPLEMENT to #3 MOTION to Appear Pro Hac Vice by Leslie V. Payne for Kyle Ruvolo ( Filing fee $ 100 receipt number 0542-14676923) by Red Rock Analytics, LLC. (Payne, Leslie) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#5) RULE 7 DISCLOSURE STATEMENT filed by Red Rock Analytics, LLC. (Payne, Leslie) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Payne, Leslie) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#3) MOTION to Appear Pro Hac Vice by Leslie V. Payne for Kyle Ruvolo ( Filing fee $ 100 receipt number 0542-14676923) by on behalf of Red Rock Analytics, LLC. (Payne, Leslie) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#2) MOTION to Appear Pro Hac Vice by Alden G. Harris ( Filing fee $ 100 receipt number 0542-14676830) by on behalf of Red Rock Analytics, LLC. (Harris, Alden) (Entered: 04/08/2021)

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  • 04/08/2021
  • 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: 04/08/2021)

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  • 04/08/2021
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  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14676426). No Summons requested at this time, filed by Red Rock Analytics, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Payne, Leslie) (Entered: 04/08/2021)

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