This case was last updated from U.S. District Courts on 11/10/2022 at 06:36:16 (UTC).

TOT Power Control, S.L. v. AT&T, Inc. et al

Case Summary

On February 1, 2021, Plaintiff, TOT Power Control, S.L. (“TOT”), represented by Erick S. Robinson of Porter Hedges LLP, filed an intellectual property lawsuit against AT&T Inc., AT&T Corporation, and AT&T Mobility LLC (collectively, “Defendants”), seeking damages and other relief under 35 U.S.C. § 281, et seq. for allegedly infringing TOT’s intellectual property related to outer loop power control method and apparatus/device for wireless communications Systems. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

In this complaint, the Plaintiff alleged that the Defendants have infringed one or more claims under United States Patent Numbers 7,496,376 entitled “Outer Loop Power Control Method and Apparatus for Wireless Communications Systems” (“the ’376 Patent”) and 7,532,865 entitled “Outer Loop Power Control Method and Device for Wireless Communications Systems” (“the ’865 Patent”) owned by TOT (“Patents-In-Suit”).

Plaintiff also alleged that “the Patents-in-Suit describe and claim techniques for better management of the SIR Target values so that power, and consequently wireless channel capacity, are not wasted and call quality is maintained. TOT shared the techniques of the Patents-in-Suit with Defendants’ base station equipment suppliers, including Nokia and Ericsson, who surreptitiously adopted the patented techniques of Patents-in-Suit without approval, authority, or license to do so. As a result of the base station equipment suppliers implementing the patented techniques of the Patents-in-Suit, and Defendants’ implementation of that equipment and TOT’s patented techniques in their networks, Defendants achieve significant capacity gains in their WCDMA-based wireless networks.”

Plaintiff further alleged that “the claimed technologies are expressly directed to the structure and operation of wireless communication networks, which are not abstract methods or abstract ideas. The apparatus and methods claimed in the Patents-in-Suit exist only in a concrete and tangible form, and the claimed inventions cannot be accomplished through pen-and-paper or the human mind.”

Two claims for relief laid down by the Plaintiff are for the alleged infringement of one or more claims of the ‘376 Patent and ‘865 Patent respectively wherein the Plaintiff alleged that by using the patented apparatus and methods of the ‘376 and ‘865 Patents in the United States without authority as part of the implementation of their WCDMA-based wireless networks, the Defendants have allegedly infringed and continue to infringe directly one or more claims of Patents-In-Suit and therefore, as a result, TOT has suffered and continues to suffer losses. 

In the prayer for relief, Plaintiff has requested the court to pass an order for an injunction against the Defendants to prevent further alleged infringement of the Patents-In-Suit and to hold that the Defendants have directly infringed literally and/or under the doctrine of equivalents, one or more claims of the Patents-in-Suit. Plaintiff further requested the court to hold that the Plaintiff is entitled to damages under 35 U.S.C. § 284 for past alleged infringement, including a reasonable royalty and lost profits, pre-suit damages consistent with, e.g., 35 U.S.C. § 287, pre and post judgment interest on damages and cost and expenses of the action.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00107

  • Filing Date:

    02/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff and Counter Defendant

TOT Power Control, S.L.

Petitioners and Counter Plaintiffs

Ericsson Inc.

Nokia of America Corp.

Defendants and Counter Plaintiffs

AT&T Mobility LLC

Ericsson Inc.

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorneys

Erick Scott Robinson

Attorney at Spencer Fane LLP

3040 Post Oak Blvd., Suite 1300

Houston, TX 77056

Andrew G. DiNovo

Attorney at DiNovo Price LLP

7000 North Mopac Expressway, Suite 350

Austin, TX 78731

Defendant, Counter Plaintiff and Petitioner Attorneys

Gilbert Andrew Greene

Attorney at Duane Morris LLP

900 S. Capital Of Texas Highway, Suite 300

Austin, TX 78746

John R. Gibson

Attorney at Duane Morris LLP

1075 Peachtree Street Ne, Suite 1700

Atlanta, GA 30309-3929

David C. Dotson

Attorney at Duane Morris LLP

1075 Peachtree Street Ne, Suite 1700

Atlanta, GA 30309-3929

Marc L. Kaplan

Attorney at Quinn Emanuel Urquhart & Sullivan LLP

191 N. Wacker Drive, Suite 2700

Chicago, IL 60606

Brianne M. Straka

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

191 N Wacker Dr., Ste 2700

Chicago, IL 60606

David A. Nelson

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

191 North Wacker Drive, Suite 2700

Chicago, IL 60606

Scott L. Cole

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

300 W. 6Th Street

Austin, TX 78701

Deron R Dacus

Attorney at The Dacus Firm, P.C.

821 Ese Loop 323, Suite 430

Tyler, TX 75701

Samantha Cutler

Attorney at Quinn Emanuel Urquhart & Sullivan LLP

191 N. Wacker Drive, Suite 2700

Chicago, IL 60606

L. Norwood Jameson

Attorney at Duane Morris LLP

1075 Peachtree Street, Ne, Suite 2000

Atlanta, GA 30309-3929

Mark D. Siegmund

Attorney at Steckler Wayne Cherry & Love, PLLC

8416 Old Mcgregor Rd.

Waco, TX 76712

Matthew S. Yungwirth

Attorney at Duane Morris LLP

1075 Peachtree Street Ne, Suite 1700

Atlanta, GA 30309

Joseph A. Powers

Attorney at Duane Morris LLP

30 South 17Th Street

Philadelphia, PA 19103-4196

8 More Attorneys Available

 

Court Documents

#87

RESTRICTED

#86

(#86) ORDER Setting Zoom Discovery for 10/13/2022 11:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1) (Entered: 10/07/2022)

85 #1

Proposed Order

85 #85

Main Document

#84

(#84) NOTICE of Attorney Appearance by Andrew G. DiNovo on behalf of TOT Power Control, S.L.. Attorney Andrew G. DiNovo added to party TOT Power Control, S.L.(pty:pla) (DiNovo, Andrew) (Entered: 10/06/2022)

83 #1

Proposed Order

#83

(#83) Unopposed MOTION to Withdraw as Attorney John Poulos by Nokia of America Corp.. (Attachments: #1 Proposed Order)(Straka, Brianne) (Entered: 04/28/2022)

#82

(#82) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 04/14/2022)

#9

#8

#7

#6

#5

4 #1

AO-120

#4

2 #1

Civil Cover Sheet

#2

#1

117 More Documents Available
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Docket Entries

  • 10/13/2022
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  • Docket(#87) Minute Entry for proceedings held before Judge Alan D Albright: Discovery Hearing held on 10/13/2022. Plaintiff will be allowed to seek source code, but will pay all reasonable costs in obtaining the source code. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(sm3) (Entered: 10/13/2022)

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  • 10/10/2022
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  • DocketText Order GRANTING #85 Motion to Withdraw as Attorney. Plaintiff TOT Power Control, S.L. (TOT) filed an Unopposed Motion for Withdrawal of King & Wood Mallesons, LLP and Mark S. Raskin and John F. Petrsoric of that firm(collectively KWM) as counsel of record for TOT and seeks to designate and replace DiNovo Price LLP and Andrew G. DiNovo of that firm (collective DiNovo Price) as counsel of record for TOT in this action. Having considered the Motion, and good cause having shown, the Court GRANTS the motion. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (NMlc) (Entered: 10/10/2022)

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  • 10/07/2022
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  • Docket(#86) ORDER Setting Zoom Discovery for 10/13/2022 11:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1) (Entered: 10/07/2022)

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  • 10/07/2022
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  • Docket(#85) MOTION to Withdraw as Attorney of King & Wood Mallesons, LLP and Mark S. Raskin and John F. Petrsoric by TOT Power Control, S.L.. (Attachments: #1 Proposed Order)(Raskin, Mark) (Entered: 10/07/2022)

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  • 10/06/2022
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  • Docket(#84) NOTICE of Attorney Appearance by Andrew G. DiNovo on behalf of TOT Power Control, S.L.. Attorney Andrew G. DiNovo added to party TOT Power Control, S.L.(pty:pla) (DiNovo, Andrew) (Entered: 10/06/2022)

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  • 09/16/2022
  • DocketParties shall comply with Judge Albright's updated #standing orders available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Governing Proceedings Patent Cases,2. #Amended Standing Order On Pretrial Procedures and Requirements in Civil Cases. (bot4) (Entered: 09/17/2022)

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  • 06/14/2022
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  • DocketText Order GRANTING #83 Motion to Withdraw as Attorney entered by Judge Alan D Albright. IT IS THEREFORE ORDERED that Attorney John Poulos be withdrawn from the case as counsel for Defendant Nokia of America Corp. IT IS FURTHER ORDERED that the Clerk of the Court shall remove Mr. Poulos's name and email address from the service list that is on file with the Court in this action. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RRlc) (Entered: 06/14/2022)

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  • 04/28/2022
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  • Docket(#83) Unopposed MOTION to Withdraw as Attorney John Poulos by Nokia of America Corp.. (Attachments: #1 Proposed Order)(Straka, Brianne) (Entered: 04/28/2022)

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  • 04/14/2022
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  • Docket(#82) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 04/14/2022)

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  • 03/10/2022
  • DocketParties shall comply with Judge Albright's updated #standing orders and # COVID-19 standing order available by clicking the included hyperlinks. The updated orders are as follows:1. #Standing Order Regarding Notice of Readiness for Patent Cases 030722,2. #Standing Order on Pretrial Procedures and Requirements in Civil Cases 030722,3. #Standing Order Governing Proceedings 4.0 - Patent Cases 030722,4. #Amended Standing Order Regarding Coronavirus (COVID-19) and Court Proceedings,5. #Amended Standing Order Regarding Joint Or Unopposed Request To Change Deadlines 030722,6. #Amended Standing Order Regarding Filing Documents Under Seal and Redacted Public Versions 030722. (jkda) (Entered: 03/10/2022)

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89 More Docket Entries
  • 02/06/2021
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  • Docket(#10) SUMMONS Returned Executed by TOT Power Control, S.L.. AT&T, Inc. served on 2/4/2021, answer due 2/25/2021. (Robinson, Erick) (Entered: 02/06/2021)

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  • 02/06/2021
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  • Docket(#9) SUMMONS Returned Executed by TOT Power Control, S.L.. AT&T Corporation served on 2/4/2021, answer due 2/25/2021. (Robinson, Erick) (Entered: 02/06/2021)

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  • 02/03/2021
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  • Docket(#8) Summons Issued as to AT&T Mobility LLC. (lad) (Entered: 02/03/2021)

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  • 02/03/2021
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  • Docket(#7) Summons Issued as to AT&T Corporation. (lad) (Entered: 02/03/2021)

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  • 02/03/2021
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  • Docket(#6) Summons Issued as to AT&T, Inc.. (lad) (Entered: 02/03/2021)

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  • 02/02/2021
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  • Docket(#5) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Robinson, Erick) (Entered: 02/02/2021)

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  • 02/02/2021
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  • Docket(#4) Pursuant to the Standing Order Regarding Patent/Trademark Cases effective 12/9/19, Attorneys filing Patent/Trademark cases in TXWD Waco division must prepare the attached form AO120, FLATTEN, and e-file using the "Notice of Filing of Patent/Trademark Form" event upon opening of the case. (Attachments: #1 AO-120) (lad) (Entered: 02/02/2021)

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  • 02/01/2021
  • 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: 02/02/2021)

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  • 02/01/2021
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  • Docket(#2) COMPLAINT ( Filing fee $ 402 receipt number 0542-14437766). No Summons requested at this time, filed by TOT Power Control, S.L.. (Attachments: #1 Civil Cover Sheet)(Robinson, Erick) (Entered: 02/01/2021)

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  • 02/01/2021
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  • Docket(#1) REQUEST FOR ISSUANCE OF SUMMONS by TOT Power Control, S.L.. (Robinson, Erick) (Entered: 02/01/2021)

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