This case was last updated from U.S. District Courts on 10/29/2021 at 08:17:36 (UTC).

Rothschild Broadcast Distribution Systems, LLC v. Ellation, LLC

Case Summary

On August 30, 2021, Rothschild Broadcast Distribution Systems, LLC (“Plaintiff” or “Rothschild Broadcast Distribution Systems”), represented by Stephen Michael Lobbin of SML Avvocati P.C., filed an intellectual property lawsuit against Ellation, LLC (“Ellation” or “Defendant”), seeking damages and injunctive relief among other reliefs for the alleged infringement of U.S. Patent No. 8,856,221 (the “`221 Patent”), entitled “System and Method for Storing Broadcast Content in a Cloud-Based Computing Environment” owned by the Plaintiff. This case was filed in U.S. District Court in the Northern District of California with Judge Laurel Beeler presiding. 

In its complaint, the Plaintiff alleged that, “The ‘221 Patent solves problems with the art that are rooted in computer technology and that are associated with electronic transmission, loading, and storage of location information, as well as automatic provisioning of route guidance. The ‘221 Patent claims do not merely recite the performance of some business practice known from the pre-Internet world along with the requirement to perform it on the Internet.”

The Plaintiff further alleged that, “Accordingly, Defendant has infringed, and continues to infringe, the `221 Patent in violation of 35 U.S.C. § 271. Upon information and belief, Defendant has infringed and continues to infringe one or more claims, including at least Claim 7, of the ‘221 Patent by making, using, importing, selling, and/or offering for media content storage and delivery systems and services covered by one or more claims of the ‘221 Patent.”

The Plaintiff also alleged that, “Defendant sells, offers to sell, and/or uses media content storage and delivery systems and services, including, without limitation, the “VRV” media delivery platform, any associated hardware, software and apps, as well as any similar products (“Product”), which infringe at least Claim 7 of the ‘221 Patent.”

The only claim for relief laid down by the Plaintiff is for the alleged infringement of the ’221 Patent, wherein the Plaintiff alleged that the Defendant has knowledge of its infringement of the `221 Patent, at least as of the service of the present complaint, and that Defendant has committed these acts of literal infringement, or infringement under the doctrine of equivalents, of the `221 Patent without license or authorization.

In its prayer for relief, the Plaintiff requested the Court to enter a judgment for Plaintiff on this Complaint on all cases of action asserted herein; enter an order enjoining Defendant from further infringement of United States Patent No. 8,856,221 (or, in the alternative, awarding Plaintiff running royalty from the time judgment going forward); award Plaintiff damages resulting from Defendants infringement in accordance with 35 U.S.C. § 284; and award Plaintiff such further relief to which the Court finds Plaintiff entitled under law or equity.



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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-06698

  • Filing Date:

    08/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Yvonne Gonzalez Rogers

 

Party Details

Plaintiff

Rothschild Broadcast Distribution Systems, LLC

Defendant

Ellation, LLC

Attorney/Law Firm Details

Plaintiff Attorney

Stephen Michael Lobbin

Defendant Attorney

Chris R Schmidt

 

Court Documents

#1

#14

(#14) ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME by Judge Yvonne Gonzalez Rogers granting #13 Motion for Extension of Time to Answer. Joint Case Management Statement due by 1/31/2022. Initial Case Management Conference set for 2/7/2022 at 02:00 PM via Zoom Videoconference. (kcS, COURT STAFF) (Filed on 10/12/2021) (Entered: 10/12/2021)

13 #1

Proposed Order

13 #13

Main Document

12 #1

Standing Order

12 #12

Main Document

#11

(#11) SUMMONS Returned Executed by Rothschild Broadcast Distribution Systems, LLC. Ellation, LLC served on 9/24/2021, answer due 10/15/2021. (Lobbin, Stephen) (Filed on 9/27/2021) (Entered: 09/27/2021)

10 #1

Notice of Eligibility for Video Recording

10 #10

Main Document

#8

(#8) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rothschild Broadcast Distribution Systems, LLC.. (Lobbin, Stephen) (Filed on 9/10/2021) (Entered: 09/10/2021)

#7

(#7) Summons Issued as to Ellation, LLC. (hdjS, COURT STAFF) (Filed on 8/31/2021) (Entered: 08/31/2021)

#6

(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/25/2021. Initial Case Management Conference set for 12/2/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (hdjS, COURT STAFF) (Filed on 8/31/2021) (Entered: 08/31/2021)

#4

#3

#2

9 More Documents Available
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Docket Entries

  • 10/12/2021
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  • Docket(#14) ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME by Judge Yvonne Gonzalez Rogers granting #13 Motion for Extension of Time to Answer. Joint Case Management Statement due by 1/31/2022. Initial Case Management Conference set for 2/7/2022 at 02:00 PM via Zoom Videoconference. (kcS, COURT STAFF) (Filed on 10/12/2021) (Entered: 10/12/2021)

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  • 10/06/2021
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  • Docket(#13) MOTION for Extension of Time to File Answer re #1 Complaint, filed by Ellation, LLC. (Attachments: #1 Proposed Order)(Schmidt, Chris) (Filed on 10/6/2021) (Entered: 10/06/2021)

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  • 10/05/2021
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  • Docket(#12) CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/29/2021. Initial Case Management Conference set for 12/6/2021 02:00 PM VIA ZOOM WEBINAR Videoconference Only. (Attachments: #1 Standing Order) Zoom link information will be posted on the docket in advance of the hearing. Zoom link information is also on the Judge's page on the court website www.cand.uscourts.gov/judges/gonzalez-rogers-yvonne-ygr/(fs, COURT STAFF) (Filed on 10/5/2021) (Entered: 10/05/2021)

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  • 09/27/2021
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  • Docket(#11) SUMMONS Returned Executed by Rothschild Broadcast Distribution Systems, LLC. Ellation, LLC served on 9/24/2021, answer due 10/15/2021. (Lobbin, Stephen) (Filed on 9/27/2021) (Entered: 09/27/2021)

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  • 09/13/2021
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  • Docket(#10) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 9/13/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 9/13/2021) (Entered: 09/13/2021)

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  • 09/10/2021

  • Docket(#9) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 9/10/2021) (Entered: 09/10/2021)

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  • 09/10/2021
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  • Docket(#8) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rothschild Broadcast Distribution Systems, LLC.. (Lobbin, Stephen) (Filed on 9/10/2021) (Entered: 09/10/2021)

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  • 08/31/2021
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  • Docket(#7) Summons Issued as to Ellation, LLC. (hdjS, COURT STAFF) (Filed on 8/31/2021) (Entered: 08/31/2021)

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  • 08/31/2021
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  • Docket(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/25/2021. Initial Case Management Conference set for 12/2/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (hdjS, COURT STAFF) (Filed on 8/31/2021) (Entered: 08/31/2021)

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  • 08/30/2021

  • Docket(#5) Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/13/2021. (asS, COURT STAFF) (Filed on 8/30/2021) (Entered: 08/30/2021)

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  • 08/30/2021
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  • Docket(#4) Corporate Disclosure Statement by Rothschild Broadcast Distribution Systems, LLC identifying Corporate Parent Patent Asset Management LLC for Rothschild Broadcast Distribution Systems, LLC. re #1 Complaint, (Lobbin, Stephen) (Filed on 8/30/2021) (Entered: 08/30/2021)

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  • 08/30/2021
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  • Docket(#3) Proposed Summons. (Lobbin, Stephen) (Filed on 8/30/2021) (Entered: 08/30/2021)

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  • 08/30/2021
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  • Docket(#2) REPORT on the filing or determination of an action regarding patent (cc: form mailed to register). (Lobbin, Stephen) (Filed on 8/30/2021) (Entered: 08/30/2021)

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  • 08/30/2021
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  • Docket(#1) COMPLAINT for Patent Infringement against Ellation, LLC ( Filing fee $ 402, receipt number 0971-16334860.). Filed byRothschild Broadcast Distribution Systems, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Lobbin, Stephen) (Filed on 8/30/2021) (Entered: 08/30/2021)

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