On March 24, 2021, Rock Creek Networks, LLC (“Plaintiff” or “RCN”), represented by Cabrach J. Connor of Connor Kudlac Lee PLLC filed an intellectual property lawsuit against Huawei Technologies Co., Ltd. (“Huawei” or “Defendant”), seeking declaratory and monetary relief, as well as litigation costs for the alleged infringement of technology relating to LAN Interface by the Defendant. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.
For the purposes of this complaint, plaintiff Rock Creek Networks is a Texas limited liability company with its headquarters and principal place of business in Waco, Texas. Plaintiff is the owner, by assignment, of U.S. Patent No. 6,671,750 (the “’750 Patent”), entitled LAN INTERFACE, which was issued on December 30, 2003. RCN possesses all rights of recovery under the Asserted Patents. Defendant has been on notice of the ’750 Patent at least as early as the date it received service of this complaint.
In its complaint, RCN alleged that “On information and belief, Huawei makes, imports, sells, offers to sell, distributes, licenses, markets and/or uses switches and LAN adaptors such as the S5720 switch, S5335-L switch, S5335-S switch, S7800 switch, S9300 switch,S9200E switch, and SP-380 NIC (“the Accused Products”). According to Huawei, the Accused Products support IEEE 802.3az. This energy efficient Ethernet (EEE) decrease power consumption of the system.” RCN also alleged that “Upon information and belief, Defendant has infringed and continue to infringe one or more claims, including Claim 1, of the ’750 Patent by making, using, importing, selling, and/or, offering for sale the Accused Products in the United States without authority.”
RCN further alleged that “Defendant has infringed and continues to infringe the ’750 Patent either directly or through the acts of inducement in violation of 35 U.S.C. § 27. Defendant encourages others, including their customers, to use the Accused Products in the United States without authority. Defendant’s infringing activities are and have been without authority or license under the ’750 Patent.” and even further that “The Accused Product has a LAN interface that has a separator connected between said LAN controller and said I/O bus, for electrically disconnecting said LAN controller from said I/O bus.”
In the only claim for relief laid down by the RCN, it has been claimed that the Defendant had infringed and continues to infringe the ’750 Patent either directly or through the acts of inducement in violation of 35 U.S.C. § 271.
In its prayer for relief, the RCN has requested the court to declare that the Defendant has infringed the ’750 Patent; award Plaintiff its damages suffered as a result of Defendant’s infringement of the ’750 Patent; award Plaintiff its costs, attorneys’ fees, expenses, and prejudgment and post-judgment interest.
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Pending - Other Pending
Intellectual Property - Patent
Alan D Albright
Rock Creek Networks, LLC
Huawei Technologies Co., Ltd.
Cabrach J. Connor
John M. Shumaker
Civil Cover Sheet
Docket(#6) WAIVER OF SERVICE Returned Executed by Rock Creek Networks, LLC as to Huawei Technologies Co., Ltd.. Waiver sent on 4/7/2021, answer due 7/6/2021. (Connor, Cabrach) (Entered: 05/21/2021)[+] Read More [-] Read Less
Docket(#5) Summons Issued as to Huawei Technologies Co., Ltd.. (lad) (Entered: 03/25/2021)[+] Read More [-] Read Less
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: 03/25/2021)[+] Read More [-] Read Less
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: 03/25/2021)[+] Read More [-] Read Less
Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by Rock Creek Networks, LLC. (Connor, Cabrach) (Entered: 03/24/2021)[+] Read More [-] Read Less
Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by Rock Creek Networks, LLC. (Connor, Cabrach) (Entered: 03/24/2021)[+] Read More [-] Read Less
Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Connor, Cabrach) (Entered: 03/24/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT For Patent Infringement ( Filing fee $ 402 receipt number 0542-14626197). No Summons requested at this time, filed by Rock Creek Networks, LLC. (Attachments: #1 Exhibit PX-750, #2 Civil Cover Sheet)(Connor, Cabrach) (Entered: 03/24/2021)[+] Read More [-] Read Less