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This case was last updated from PACER on 06/09/2021 at 10:34:37 (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

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff and Counter Defendant

TOT Power Control, S.L.

Petitioners

Ericsson Inc.

Nokia of America Corp.

Defendants

AT&T, Inc.

AT&T Corporation

AT&T Mobility LLC

Counter Plaintiff and Defendant

AT&T Mobility LLC

Attorney/Law Firm Details

Plaintiff and Counter Defendant Attorney

Erick Scott Robinson

Attorney at Porter Hedges LLP

1000 Main St., 36Th Floor

Houston, TX 77339

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

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

201 West 5Th Street, 11Th Floor

Austin, TX 78701

Mark D. Siegmund

Attorney at Law Firm of Walt Fair, PLLC

1508 North Valley Mills Drive

Waco, TX 76710

Matthew S. Yungwirth

Attorney at Duane Morris LLP

1075 Peachtree Street, Ne, Suite 2000

Atlanta, GA 30309

L. Norwood Jameson

Attorney at Duane Morris LLP

1075 Peachtree Street, Ne, Suite 2000

Atlanta, GA 30309-3929

 

Court Documents

35 #2

Proposed Order

35 #1

Exhibit 1, Nokia's Answer in Intervention

#35

(#35) MOTION For Leave to Intervene by Nokia of America Corp.. (Attachments: #1 Exhibit 1, Nokia's Answer in Intervention, #2 Proposed Order)(Cole, Scott) (Entered: 06/08/2021)

#34

(#34) MOTION to Appear Pro Hac Vice by Scott L. Cole on behalf of Brianne M. Straka ( Filing fee $ 100 receipt number 0542-14890373) by on behalf of Nokia of America Corp.. (Cole, Scott) (Entered: 06/08/2021)

#33

(#33) NOTICE of Attorney Appearance by David A. Nelson on behalf of Nokia of America Corp.. Attorney David A. Nelson added to party Nokia of America Corp.(pty:mov) (Nelson, David) (Entered: 06/08/2021)

#32

(#32) NOTICE of Attorney Appearance by Scott L. Cole on behalf of Nokia of America Corp.. Attorney Scott L. Cole added to party Nokia of America Corp.(pty:mov) (Cole, Scott) (Entered: 06/08/2021)

31 #1

Proposed Order

#31

(#31) Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION For Leave to Intervene by TOT Power Control, S.L.. (Attachments: #1 Proposed Order)(Robinson, Erick) (Entered: 06/04/2021)

26 #1

Exhibit Ex 1 - ETOT Ericsson's Intervenor Answer (AT&T)

#8

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

#7

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

#6

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

#5

(#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)

4 #1

AO-120

#4

(#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)

2 #1

Civil Cover Sheet

#2

(#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)

#1

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

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Docket Entries

  • 06/08/2021
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  • Docket(#35) MOTION For Leave to Intervene by Nokia of America Corp.. (Attachments: #1 Exhibit 1, Nokia's Answer in Intervention, #2 Proposed Order)(Cole, Scott) (Entered: 06/08/2021)

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  • 06/08/2021
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  • Docket(#34) MOTION to Appear Pro Hac Vice by Scott L. Cole on behalf of Brianne M. Straka ( Filing fee $ 100 receipt number 0542-14890373) by on behalf of Nokia of America Corp.. (Cole, Scott) (Entered: 06/08/2021)

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  • 06/08/2021
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  • Docket(#33) NOTICE of Attorney Appearance by David A. Nelson on behalf of Nokia of America Corp.. Attorney David A. Nelson added to party Nokia of America Corp.(pty:mov) (Nelson, David) (Entered: 06/08/2021)

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  • 06/08/2021
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  • Docket(#32) NOTICE of Attorney Appearance by Scott L. Cole on behalf of Nokia of America Corp.. Attorney Scott L. Cole added to party Nokia of America Corp.(pty:mov) (Cole, Scott) (Entered: 06/08/2021)

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  • 06/04/2021
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  • Docket(#31) Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION For Leave to Intervene by TOT Power Control, S.L.. (Attachments: #1 Proposed Order)(Robinson, Erick) (Entered: 06/04/2021)

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  • 06/01/2021
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  • Docket(#30) MOTION for Extension of Time to File Response/Reply as to #26 MOTION For Leave to Intervene by TOT Power Control, S.L.. (Attachments: #1 Proposed Order)(Robinson, Erick) (Entered: 06/01/2021)

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  • 05/27/2021
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  • Docket(#29) Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION For Leave to Intervene by TOT Power Control, S.L.. (Attachments: #1 Proposed Order)(Robinson, Erick) (Entered: 05/27/2021)

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  • 05/18/2021
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  • DocketText Order GRANTING #27 Motion to Appear Pro Hac Vice for Attorney David C. Dotson for Ericsson 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.) (ir) (Entered: 05/18/2021)

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  • 05/14/2021
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  • Docket(#28) Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION For Leave to Intervene by TOT Power Control, S.L.. (Attachments: #1 Proposed Order)(Robinson, Erick) (Entered: 05/14/2021)

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  • 05/11/2021
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  • Docket(#27) MOTION to Appear Pro Hac Vice by Gilbert Andrew Greene on behalf of David C. Dotson ( Filing fee $ 100 receipt number 0542-14788997) by on behalf of Ericsson Inc.. (Attachments: #1 Proposed Order)(Greene, Gilbert) (Entered: 05/11/2021)

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22 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)

    Read MoreRead Less
  • 02/02/2021
  • View Court Documents
  • 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)

    Read MoreRead Less
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