This case was last updated from PACER on 08/31/2021 at 07:42:56 (UTC).

Swirlate IP LLC v. Fluke Corporation

Case Summary

On August 30, 2021, Swirlate IP LLC (“Swirlate” or “Plaintiff”), represented by Philip P. Mann of Mann Law Group PLLC, filed an intellectual property lawsuit against Fluke Corporation (“Defendant”) seeking damages along with pre-judgment and post-judgment interest for the alleged infringement of United States Patents owned by the plaintiff. This case was filed in the United States District Court in the Western District of Washington.

 

The plaintiff filed this case for the alleged infringement of United States Patent No. 7,154,961 (“the ‘961 Patent”) entitled “Constellation Rearrangement for ARQ Transmit 19 Diversity Schemes” and United States Patent No. 7,567,662 (“the ‘662 Patent”) entitled “Constellation Rearrangement for ARQ Transmit Diversity Schemes” owned by the plaintiff.

 

In the complaint the plaintiff alleged that, “The invention in the ‘961 Patent relates to the field of Automatic Repeat request (“ARQ”) transmission techniques in wireless communication systems. In particular, it relates to a method for transmitting data using transmit diversity schemes in which data packets are transmitted using a first and second transmission based on a repeat request and the bit-to-symbol mapping is performed differently for different transmitted diversity branches. The inventors recognized a problem in prior art of the use of ARQ transmission techniques in wireless communication systems with unreliable and time-varying channel conditions and the invention results in an improved performance avoiding transmission errors.”

 

The plaintiff further alleged that, “Upon information and belief, Defendant has been directly infringing at least claim 1 of the ‘961 patent in Washington, and elsewhere in the United States, by performing actions  comprising at least performing the claimed  ARQ re- transmission method by performing the steps of the claimed invention using the Fluke 3504 Gateway to transmit data (“Accused Instrumentality”). Plaintiff has been damaged as a result of Defendant’s infringing conduct.”

 

The plaintiff also alleged that, “The ‘662 patent shares the same specification as the ‘961 patent. The claim “defines an ARQ retransmission method in which more than two data bits are mapped onto one data symbol in each of the initial transmission and a retransmission. Upon information and belief, Defendant has been directly infringing  at least claim  1 of the ‘662 patent in Washington,  and elsewhere  in the  26 United States, by performing actions comprising at least performing the claimed ARQ re- transmission method by performing the steps of the claimed invention using the Fluke 3504 Gateway to transmit data (“Accused Instrumentality”).”

 

There are two claims for relief laid down by the plaintiff which deal with the alleged infringement of United States Patent Nos. 7,154,961 and 7,567,662.

 

In the prayer for relief the plaintiff has requested the court for a judgment that one or more claims of United States Patent Nos. 7,154,961 and 7,567,662 have been infringed, either literally and/or under the doctrine of equivalents, by Defendant. Plaintiff also requested the court for a judgment that Defendant account for and pay to Plaintiff all damages to and costs incurred by Plaintiff because of Defendant’s infringing activities. Further, Plaintiff requested to be granted prejudgment and post-judgment interest on the damages along with such other and further relief as the Court may deem just and proper under the circumstances.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01174

  • Filing Date:

    08/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

 

Party Details

Plaintiff

Swirlate IP LLC

Defendant

Fluke Corporation

Attorney/Law Firm Details

Plaintiff Attorney

Philip P Mann

Attorney at MANN LAW GROUP PLLC

403 Madison Ave N, Ste 240

Bainbridge Island, WA 98110

 

Court Documents

1 #7

Summons

1 #6

Report on Patents and Trademarks (AO Form 120)

1 #5

Supplement Notice of Related Cases

1 #4

Civil Cover Sheet

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

#1

(#1) COMPLAINT For Patent Infringement against defendant(s) Fluke Corporation with JURY DEMAND (Receipt # AWAWDC-7229238) Attorney Philip P Mann added to party Swirlate IP LLC(pty:pla), filed by Swirlate IP LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Supplement Notice of Related Cases, #6 Report on Patents and Trademarks (AO Form 120), #7 Summons)(Mann, Philip) (Attachments 4, 6-7 replaced on 8/30/2021 to flatten malformed PDFs) (KB). (Entered: 08/30/2021)

 

Docket Entries

  • 08/30/2021
  • View Court Documents
  • Docket(#1) COMPLAINT For Patent Infringement against defendant(s) Fluke Corporation with JURY DEMAND (Receipt # AWAWDC-7229238) Attorney Philip P Mann added to party Swirlate IP LLC(pty:pla), filed by Swirlate IP LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Supplement Notice of Related Cases, #6 Report on Patents and Trademarks (AO Form 120), #7 Summons)(Mann, Philip) (Attachments 4, 6-7 replaced on 8/30/2021 to flatten malformed PDFs) (KB). (Entered: 08/30/2021)

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