This case was last updated from U.S. District Courts on 10/04/2021 at 09:12:40 (UTC).

TIARE TECHNOLOGY, INC. v. Bed Bath & Beyond, Inc.

Case Summary

On August 5, 2021, Tiare Technology, Inc. (“Tiare” or “Plaintiff”), represented by Christian J. Hurt and William Ellsworth Davis, III of The Davis Firm, PC, filed an intellectual property lawsuit against Bed Bath & Beyond, Inc. (“Bed Bath & Beyond” or “Defendant”), seeking damages, costs and expenses along with prejudgement and post-judgement interests among other reliefs for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in the United States District Court in the Eastern District of Texas.

 

The Plaintiff has filed this complaint for the alleged infringement of the United States Patent No. 8,682,729 (the “’729 Patent”) and United States Patent No. 10,157,414 (the “’414 Patent”) (collectively, the “Asserted Patents” or the “Tiare Patents” or “Patents-in-suit”) owned by the Plaintiff.

 

In the complaint, the Plaintiff alleged that, “Bed Bath & Beyond has directly infringed and continues to infringe at least claim 1 of the ’729 Patent in violation of 35 U.S.C. § 271(a) by, directly or through intermediaries and without Tiare’s authority, making, using, selling, or offering to sell the Accused Products in the United States, or importing the Accused Products into the United States.”

 

The Plaintiff then alleged that, “Defendant has been actively inducing infringement of at least claim 1 of the ’729 Patent in violation of 35 U.S.C. § 271(b)” and “Defendant knew or should have known of the ’729 Patent but was willfully blind to the existence of the ’729 Patent. Defendant has had actual knowledge of the ’729 Patent since at least as early as the filing and service of this Complaint. By the time of the trial of this case, Defendant will have known and intended that its continued actions since receiving such notice would infringe and actively induce and contribute to the infringement of one or more claims of the ’729 Patent. Defendant’s infringement of the ’729 Patent has been willful and deliberate.”

 

Similar claims have been made by the Plaintiff with reference to the alleged infringement of other Patents-in-suit. 

 

There are two claims for relief laid down by the Plaintiff, one for the alleged infringement of each of the Patents-in-suit.

 

In the prayer for relief, the Plaintiff has requested the Court for a judgment in favor of Tiare that the Defendant has infringed each Asserted Patent, whether literally or under the doctrine of equivalents; judgment and order requiring the Defendant to pay Tiare its damages, costs, expenses, and pre-judgment and post-judgment interest for Defendant’s infringement of each Asserted Patent as provided under 35 U.S.C. § 284, including supplemental damages for any continuing post-verdict or post-judgment infringement with an accounting as needed; judgment and order requiring the Defendant to pay Tiare enhanced damages for willful infringement as provided under 35 U.S.C. § 284; and costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00301

  • Filing Date:

    08/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Rodney Gilstrap

Referral Judge

Roy S. Payne

 

Party Details

Plaintiff

TIARE TECHNOLOGY, INC.

Defendant

Bed Bath & Beyond, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Christian J Hurt

Attorney at The Davis Firm, PC - Longview

213 North Fredonia Streetsuite 230

Longview, TX 75601

William Ellsworth Davis, III

Attorney at The Davis Firm, PC - Longview

213 North Fredonia Streetsuite 230

Longview, TX 75601

Defendant Attorney

Robert L Lee

Attorney at Alston & Bird LLP - Atlanta

One Atlantic Center1201 West Peachtree Street Nw #4900

Atlanta, GA 30309-3424

 

Court Documents

#1

1 #1

Exhibit 1 729 Patent

1 #2

Exhibit 2 414 Patent

1 #3

Civil Cover Sheet

#2

#3

#4

#5

#6

#7

#8

 

Docket Entries

  • 09/23/2021
  • DocketDefendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Bed Bath & Beyond, Inc. to 10/14/2021. 15 Days Granted for Deadline Extension.( ch, ) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#8) Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Bed Bath & Beyond, Inc..( Lee, Robert) (Entered: 09/23/2021)

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  • 08/24/2021
  • DocketDefendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Bed Bath & Beyond, Inc. to 9/29/2021. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 08/24/2021)

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  • 08/24/2021
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  • Docket(#7) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Bed Bath & Beyond, Inc..( Lee, Robert) (Entered: 08/24/2021)

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  • 08/23/2021
  • DocketCASE REFERRED to Magistrate Judge Roy S. Payne. (ch, ) (Entered: 08/23/2021)

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  • 08/12/2021
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  • Docket(#6) SUMMONS Returned Executed by TIARE TECHNOLOGY, INC.. Bed Bath & Beyond, Inc. served on 8/9/2021, answer due 8/30/2021. (Davis, William) (Entered: 08/12/2021)

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  • 08/06/2021
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  • Docket(#5) SUMMONS Issued as to Bed Bath & Beyond, Inc.. (ch, ) (Entered: 08/06/2021)

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  • 08/06/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 08/06/2021)

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  • 08/05/2021
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  • Docket(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Hurt, Christian) (Entered: 08/05/2021)

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  • 08/05/2021
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  • Docket(#3) CORPORATE DISCLOSURE STATEMENT filed by TIARE TECHNOLOGY, INC. (Hurt, Christian) (Entered: 08/05/2021)

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  • 08/05/2021
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  • Docket(#2) NOTICE of Attorney Appearance by Christian J Hurt on behalf of TIARE TECHNOLOGY, INC. (Hurt, Christian) (Entered: 08/05/2021)

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  • 08/05/2021
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  • Docket(#1) COMPLAINT For Patent Infringement against Bed Bath & Beyond, Inc. ( Filing fee $ 402 receipt number 0540-8525405.), filed by TIARE TECHNOLOGY, INC.. (Attachments: #1 Exhibit 1 729 Patent, #2 Exhibit 2 414 Patent, #3 Civil Cover Sheet)(Davis, William) (Entered: 08/05/2021)

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