This case was last updated from PACER on 08/10/2021 at 09:22:08 (UTC).

Smart Mobile Technologies LLC v. Apple Inc.

Case Summary

On June 11, 2021, Smart Mobile Technologies LLC ("Smart Mobile" or “Plaintiff”), represented by Craig D. Cherry of Steckler Wayne Cochran Cherry, PLLC filed an intellectual property lawsuit against Apple Inc.'s ("Apple" or “Defendant”), seeking injunctive relief, enhanced and compensatory damages for alleged infringement of Smart Mobile's patented inventions. This case was filed in the U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding. 

 

In its complaint, the Plaintiff alleged that “Apple makes, uses, offers for sale, sell, and/or imports into the United States products that directly infringe the '501, '936, '937, '739, '434, '653, ‘863, '946, '119, '083, '075, '943, and '168 Patents (collectively, the "Patents in Suit"). Further, Apple indirectly infringes one or more of the Patents in Suit by inducing and contributing to infringement by others, including users of Apple devices, and by exporting components used in the making of Apple devices that would, if combined in the United States, infringe the Smart Mobile patents.”

 

The Plaintiff further alleged that “Apple intended that users of '501 Infringing Devices (a) make a system comprising a '501 Infringing Device and an Apple server (e.g., Apple's iOS updates servers) by creating an Apple ID for use with a user's '501 Infringing Device and thereby configuring Apple's servers to deliver functions to the device by delivering iOS updates that enabled the device to dynamically convert from a first function to a second function; and (b) use the system, for example to receive or install iOS updates from Apple's servers for the '501 Infringing Devices. On information and belief, Apple knew that, or acted with willful blindness to the likelihood that, users' making and using such systems comprising '501 Infringing Devices constituted infringement of the '501 Patent.”

 

The Plaintiff also alleged that “Apple knew that, or acted with willful blindness to the likelihood that, the '501 Infringing Devices were especially made or especially adapted for use in an infringement of the '501 Patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use.”

 

The Plaintiff even further alleged that “Apple owned and/or used, or directed and controlled the use of, one or more servers, including its "App Store" and iOS updates server(s).”

 

The Plaintiff has laid down thirteen claims for relief. All claims relate to alleged direct and indirect infringement of the Patents-in-Suit wherein Plaintiff has alleged that Apple has never been, and is not now, licensed under any of the Patents in Suit, and has never been authorized by any owner of the Patents in Suit to engage in the acts alleged herein.

 

In its prayer for relief, the Plaintiff has requested the Court to declare that Apple has infringed the Patents-in-Suit and continues to do so, award damages but in no event less than a reasonable royalty, grant preliminary and permanent injunction restraining and enjoining Apple from continuing infringement of the patents-in-suit. Plaintiff further requested the Court to enhance damages and prejudgment and post-judgment interest along with costs of litigation. 

 

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Case Details Parties Dockets

 

Case Details

  • Case Number:

    6:21-CV-00603

  • Filing Date:

    06/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Smart Mobile Technologies LLC

Defendant

Apple Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Craig D. Cherry

Attorney at Steckler Wayne Cochran Cherry, PLLC

8416 Old Mcgregor Rd.

Waco, TX 76712

Greer N. Shaw

Attorney at Hagens Berman Sobol Shapiro LLP

301 North Lake Ave., Ste. 920

Pasadena, CA 91101

Philip J. Graves

Attorney at Hagens Berman Sobol Shapiro LLP

301 North Lake Ave., Ste. 920

Pasadena, CA 91101

Defendant Attorneys

John Michael Guaragna

Attorney at DLA Piper LLP (US)

303 Colorado Street, Suite 3000

Austin, TX 78701

Mark D. Fowler

Attorney at DLA Piper LLP (US)

2000 University Avenue

East Palo Alto, CA 94303-2214

Martin M. Ellison

Attorney at DLA Piper LLP (US)

2000 Avenue Of The Stars, Suite 400 North Tower

Los Angeles, CA 90067

Michael D. Jay

Attorney at DLA Piper LLP (US)

2000 Avenue Of The Stars, Suite 400 North Tower

Los Angeles, CA 90067

Nandan R. Padmanabhan

Attorney at DLA Piper LLP (US)

2000 Avenue Of The Stars, Suite 400 North Tower

Los Angeles, CA 90067

Tiffany C. Miller

Attorney at DLA Piper LLP (US)

401 B Street, Suite 1700

San Diego, CA 92101

 

Docket Entries

  • 07/27/2021
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  • DocketText Order GRANTING #12 Motion to Appear Pro Hac Vice for Attorney Nandan R. Padmanabhan for Apple Inc. 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: 07/27/2021)

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  • 07/27/2021
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  • DocketText Order GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Tiffany C. Miller for Apple Inc. 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: 07/27/2021)

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  • 07/27/2021
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  • DocketText Order GRANTING #10 Motion to Appear Pro Hac Vice for Attorney Michael D. Jay for Apple Inc. 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: 07/27/2021)

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  • 07/27/2021
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  • DocketText Order GRANTING #9 Motion to Appear Pro Hac Vice for Attorney Mark D. Fowler for Apple Inc. 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: 07/27/2021)

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  • 07/27/2021
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  • DocketText Order GRANTING #8 Motion to Appear Pro Hac Vice for Attorney Martin M. Ellison for Apple Inc. 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: 07/27/2021)

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  • 07/22/2021
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  • Docket(#12) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Nandan R. Padmanabhan ( Filing fee $ 100 receipt number 0542-15041798) by on behalf of Apple Inc.. (Guaragna, John) (Entered: 07/22/2021)

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  • 07/22/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Tiffany C. Miller ( Filing fee $ 100 receipt number 0542-15041781) by on behalf of Apple Inc.. (Guaragna, John) (Entered: 07/22/2021)

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  • 07/22/2021
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  • Docket(#10) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Michael D. Jay ( Filing fee $ 100 receipt number 0542-15041772) by on behalf of Apple Inc.. (Guaragna, John) (Entered: 07/22/2021)

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  • 07/22/2021
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  • Docket(#9) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Mark Fowler ( Filing fee $ 100 receipt number 0542-15041756) by on behalf of Apple Inc.. (Guaragna, John) (Entered: 07/22/2021)

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  • 07/22/2021
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  • Docket(#8) MOTION to Appear Pro Hac Vice by John Michael Guaragna for Martin M. Ellison ( Filing fee $ 100 receipt number 0542-15041725) by on behalf of Apple Inc.. (Guaragna, John) (Entered: 07/22/2021)

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1 More Docket Entries
  • 07/06/2021
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  • Docket(#6) Summons Issued as to Apple Inc.. (lad) (Entered: 07/06/2021)

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  • 07/06/2021
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS by Smart Mobile Technologies LLC. (Cherry, Craig) (Main Document 5 replaced on 7/6/2021) (lad). (Entered: 07/06/2021)

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  • 06/15/2021
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  • DocketText Order GRANTING #3 Motion to Appear Pro Hac Vice. 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 above Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if the applicant 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.) (hs) (Entered: 06/15/2021)

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  • 06/15/2021
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  • DocketText Order GRANTING #2 Motion to Appear Pro Hac Vice. 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 above Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if the applicant 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.) (hs) (Entered: 06/15/2021)

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  • 06/11/2021
  • 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: 06/11/2021)

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  • 06/11/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/11/2021)

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  • 06/11/2021
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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. (Attachments: #1 Exhibit Attachment A)(Cherry, Craig) (Main Document 4 replaced on 6/11/2021) (lad). (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#3) MOTION to Appear Pro Hac Vice by Craig D. Cherry for Greer N. Shaw ( Filing fee $ 100 receipt number 0542-14903407) by on behalf of Smart Mobile Technologies LLC. (Attachments: #1 Exhibit Attachment A)(Cherry, Craig) (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#2) MOTION to Appear Pro Hac Vice by Craig D. Cherry for Philip J. Graves ( Filing fee $ 100 receipt number 0542-14903331) by on behalf of Smart Mobile Technologies LLC. (Attachments: #1 Exhibit Attachment A)(Cherry, Craig) (Main Document 2 replaced on 6/11/2021) (lad). (Entered: 06/11/2021)

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  • 06/11/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14903199), filed by Smart Mobile Technologies LLC. (Attachments: #1 Exhibit A - US8442501, #2 Exhibit B - US8472936, #3 Exhibit C - US8472937, #4 Exhibit D - US8761739, #5 Exhibit E - US8824434, #6 Exhibit F - US8842653, #7 Exhibit G - US8982863, #8 Exhibit H - US9019946, #9 Exhibit I - US9049119, #10 Exhibit J - US9191083, #11 Exhibit K - US9319075, #12 Exhibit L - US9614943, #13 Exhibit M - US9756168)(Cherry, Craig) (Entered: 06/11/2021)

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