This case was last updated from U.S. District Courts on 09/13/2021 at 09:48:04 (UTC).

Roku, Inc. v. AlmondNet, Inc. et al

Case Summary

On July 15, 2021, Roku, Inc. (“Roku” or “Plaintiff”), represented by Michael J. Flynn of Morris, Nichols, Arsht & Tunnell LLP, filed an intellectual property lawsuit against AlmondNet, Inc. (“AlmondNet”) and Intent IQ, LLC (“Intent IQ”), seeking declaratory relief, along with costs and fees, for the alleged non-infringement of “Patents-in-Suit”, owned by the Defendant. This case was filed in the U.S. District Courts for the District of Delaware. 

 

The Plaintiff filed this suit for a declaratory judgment that Roku allegedly does not infringe any valid and enforceable claim of United States Patent Nos. 8,677,398 (“the ’398 Patent”), 10,715,878 (“the ’878 Patent”), 7,822,639 (“the ’639 Patent”), 8,244,586 (“the ’586 Patent”), 10,026,100 (“the ’100 Patent”), 10,628,857 (“the ’857 Patent”), 8,566,164 (“the ’164 Patent”), 8,595,069 (“the ’069 Patent”), or 10,321,198 (“the ’198 Patent”) (collectively, “the Patents-in-Suit”).

 

In its complaint, the Plaintiff alleged that, “In August 2020, AlmondNet and Intent IQ, through counsel, sent correspondence to Roku entitled “AlmondNet Group - Roku Infringement,” alleging patent infringement by Roku of the Patents-in-Suit.”

 

The Plaintiff further alleged that, “Although AlmondNet and Roku have had discussions in regard to resolving their dispute over the Patents-in-Suit, those discussions have not progressed to a state of likely resolution and Roku no longer expects them to. Accordingly, there is a substantial controversy of sufficient immediacy and reality between Roku and AlmondNet and between Roku and Intent IQ to warrant issuance of a declaratory judgment.”

 

The Plaintiff even further alleged that, “Roku seeks this relief because AlmondNet, on behalf of itself and Intent IQ, has alleged to Roku that Roku, by way of at least its “OneView Ad Platform,” infringes the Patents-in-Suit. AlmondNet’s allegations have placed a cloud over Roku and its OneView Ad Platform. Roku believes AlmondNet’s allegations lack merit and thus asks this Court to declare the legal rights of Roku so that Roku is afforded relief from the uncertainty and delay regarding its rights caused by AlmondNet’s allegations against Roku.”

 

The Plaintiff lists out nine claims for relief. All the claims are for the declaratory judgment of alleged non-infringement of each of the Patents-in-suit. The Plaintiff claimed that the controversy is such that, pursuant to Federal Rule of Civil Procedure 57 and 28 U.S.C. § 2201 et seq., Roku is entitled to a declaration, in the form of a judgment, that by its products and/or activities Roku has not infringed and is not infringing any valid and enforceable claim of the Patents-in-suit, has not contributed or is not contributing to infringement of the Patents-in-suit, and has not induced or is not inducing infringement of the Patents-in-suit. Such a determination and declaration is necessary and appropriate at this time.

 

In its prayer for relief, the Plaintiff has requested the Court to declare that Roku, through its systems, products, and processes, does not infringe any valid and enforceable claim of the Patents-in-suit; and that Roku be awarded its costs and fees in this action and such other and further relief as this Court deems is just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01035

  • Filing Date:

    07/15/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Maryellen Noreika

 

Party Details

Plaintiff and Counter Defendant

Roku, Inc.

Defendants and Counter Claimants

AlmondNet, Inc.

Intent IQ, LLC

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Michael J. Flynn

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Streetp.O. Box 1347

Wilmington, DE 19899

Blake T. Dietrich

Leisa T. Peschel

Wasif Qureshi

Defendant and Counter Claimant Attorney

Brian E. Farnan

Attorney at Farnan LLP

919 North Market Street12Th Floor

Wilmington, DE 19801

 

Court Documents

19 #1

Exs. A-T

#19

#18

#17

#16

DOCUMENT UNAVAILABLE

#15

#14

DOCUMENT UNAVAILABLE

13 #1

Certificate of Compliance

#13

#8

#7

#5

#4

#3

#2

1 #2

Civil Cover Sheet

1 #1

Exhibit A-I

#1

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Docket Entries

  • 09/10/2021
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  • Docket(#19) ANSWERING BRIEF in Opposition re #13 MOTION to Dismiss Based upon Motion to Dismiss or Transfer to Western District of Texas - filed by Roku, Inc..Reply Brief due date per Local Rules is 9/17/2021. (Attachments: #1 Exs. A-T)(Flynn, Michael) (Entered: 09/10/2021)

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  • 09/03/2021
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  • Docket(#18) REDACTED VERSION of #16 Declaration by AlmondNet, Inc., Intent IQ, LLC. (Farnan, Michael) (Entered: 09/03/2021)

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  • 09/03/2021
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  • Docket(#17) REDACTED VERSION of #14 Opening Brief in Support, by AlmondNet, Inc., Intent IQ, LLC. (Farnan, Michael) (Entered: 09/03/2021)

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  • 08/27/2021
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  • Docket(#16) [SEALED] DECLARATION of Roy Shkedi re #13 MOTION to Dismiss Based upon Motion to Dismiss or Transfer to Western District of Texas by AlmondNet, Inc., Intent IQ, LLC. (Farnan, Brian) Modified on 8/30/2021 (dlw). (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#15) DECLARATION of Reza Mirzaie re #13 MOTION to Dismiss Based upon Motion to Dismiss or Transfer to Western District of Texas by AlmondNet, Inc., Intent IQ, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Farnan, Brian) Modified on 8/30/2021 (dlw). (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#14) [SEALED] OPENING BRIEF in Support re #13 MOTION to Dismiss Based upon Motion to Dismiss or Transfer to Western District of Texas filed by AlmondNet, Inc., Intent IQ, LLC.Answering Brief/Response due date per Local Rules is 9/10/2021. (Farnan, Brian) (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#13) MOTION to Dismiss Based upon Motion to Dismiss or Transfer to Western District of Texas - filed by AlmondNet, Inc., Intent IQ, LLC. (Attachments: #1 Certificate of Compliance)(Farnan, Brian) (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#12) ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Roku, Inc. by Intent IQ, LLC, AlmondNet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Farnan, Brian) (Entered: 08/27/2021)

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  • 08/25/2021
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  • DocketSO ORDERED re #11 STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the Complaint to 8/27/2021 (Set/Reset Answer Deadlines: AlmondNet, Inc. answer due 8/27/2021; Intent IQ, LLC answer due 8/27/2021). ORDERED by Judge Maryellen Noreika on 8/25/2021. (dlw) (Entered: 08/25/2021)

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  • 08/24/2021
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  • Docket(#11) STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the Complaint to 8/27/2021 - filed by AlmondNet, Inc., Intent IQ, LLC. (Farnan, Brian) (Entered: 08/24/2021)

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3 More Docket Entries
  • 07/26/2021
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  • DocketSO ORDERED re #8 MOTION for Pro Hac Vice Appearance of Attorney Wasif H. Qureshi, Leisa Talbert Peschel and Blake T. Dietrich filed by Roku, Inc. ORDERED by Judge Maryellen Noreika on 7/26/2021. (dlw) (Entered: 07/26/2021)

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  • 07/26/2021
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  • Docket(#8) MOTION for Pro Hac Vice Appearance of Attorney Wasif H. Qureshi, Leisa Talbert Peschel and Blake T. Dietrich - filed by Roku, Inc.. (Flynn, Michael) (Entered: 07/26/2021)

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  • 07/21/2021
  • DocketCase Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 07/21/2021)

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  • 07/16/2021
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  • Docket(#7) SUMMONS Returned Executed by Roku, Inc.. Intent IQ, LLC served on 7/16/2021, answer due 8/6/2021. (Flynn, Michael) (Entered: 07/16/2021)

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  • 07/16/2021
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  • Docket(#6) SUMMONS Returned Executed by Roku, Inc.. AlmondNet, Inc. served on 7/16/2021, answer due 8/6/2021. (Flynn, Michael) (Entered: 07/16/2021)

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  • 07/16/2021
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  • Docket(#5) Summonses Issued (please complete the top portion of the form and print out for use/service). (mal) (Entered: 07/16/2021)

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  • 07/15/2021
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  • Docket(#4) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Roku, Inc.. (mal) (Entered: 07/16/2021)

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  • 07/15/2021
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  • Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) see attached list. (mal) (Entered: 07/16/2021)

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  • 07/15/2021
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  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) (Entered: 07/16/2021)

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  • 07/15/2021
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  • Docket(#1) COMPLAINT FOR DECLARATORY JUDGMENT - filed with Jury Demand against AlmondNet, Inc., Intent IQ, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3658374.) - filed by Roku, Inc.. (Attachments: #1 Exhibit A-I, #2 Civil Cover Sheet)(mal) (Entered: 07/16/2021)

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