This case was last updated from U.S. District Courts on 11/13/2021 at 08:35:00 (UTC).

TOT Power Control, S.L. v. LG Electronics, Inc. et al

Case Summary

On September, 14, 2021, TOT Power Control, S.L. (“TOT” or “Plaintiff”), represented by Brian E. Farnan and Michael J. Farnan of Farnan LLP, filed an intellectual property lawsuit against LG Electronics, Inc. and LG Electronics U.S.A., Inc. (collectively, “LG” or “Defendants”), seeking permanent injunctive relief, treble and supplemental damages and such other relief for patent infringement of United States Patent owned by the Plaintiff. This case was filed in the United States District Court in the District of Delaware.

The Plaintiff filed this complaint for the alleged infringement of United State Patents No. 7,532,865, entitled “Outer Loop Power Control Method and Device for Wireless Communications Systems” (the ’865 patent), United States Patent No. 7,496,376 entitled “Outer Loop Power Control Method and Apparatus for Wireless Communications Systems” (the ’376 patent) (collectively, referred to as the “Patents-in-suit”) owned by them.

In the complaint, the Plaintiffs alleged that, “LG has directly infringed, and continues to infringe, one or more claims of the ’865 patent by among other things, making, using, selling, offering to sell, and/or importing into the United States without authorization certain mobile products (e.g., cellular phones, tablets and watches) that contain components which practice the invention claimed in the ‘865 patent (the “LG Accused Products”).”

The Plaintiffs also alleged that, “LG has directly infringed, and continues to infringe, one or more claims of the of the ‘376 patent by among other things, making, using, selling, offering to sell, and/or importing the LG Accused Products into the United States without authorization. The wireless baseband processors installed in the LG Accused Products include those manufactured and sold by Qualcomm (including that company’s Snapdragon X55 baseband processor).”

Further, the Plaintiffs alleged that, “LG’s infringement of the ‘376 patent has been knowing, deliberate and willful. TOT disclosed the invention claimed by the ‘376 patent to Qualcomm at different times between 2005 and 2014, and the invention has been so well publicized in the industry generally that LG knew that the wireless transceivers it incorporated into the LG Accused Products infringed or should have known that its use of the wireless transceivers constituted an unjustifiably high risk of infringement.”

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

In the prayer for relief, the Plaintiff has requested the Court to pass a judgment that the Defendants have infringed, either literally and/or under the doctrine of equivalents the Patents-in-suit and to pass an order for a permanent injunctive relief along with an award for damages including supplemental damages for any continuing post-verdict infringement up until entry of the final judgment, with an accounting, as needed, and enhanced damages pursuant to 35 U.S.C. § 284, together with prejudgment and postjudgment interest. Further, the Plaintiff requested the Court for an award of attorneys’ fees pursuant to 35 U.S.C. § 285 costs and further relief as the Court may deem just and proper. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01304

  • Filing Date:

    09/14/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Maryellen Noreika

 

Party Details

Plaintiff

TOT Power Control, S.L.

Defendants

LG Electronics, Inc.

LG Electronics U.S.A., Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Brian E. Farnan

Attorney at Farnan LLP

919 North Market Street, 12Th Floor

Wilmington, DE 19801

Michael J. Farnan

Attorney at Farnan LLP

919 North Market Street, 12Th Floor

Wilmington, DE 19801

 

Court Documents

#1

1 #1

Exhibit A

1 #2

Exhibit B

1 #3

Civil Cover Sheet

#2

#3

#4

#5

(#5) SUMMONS Returned Executed by TOT Power Control, S.L.. LG Electronics U.S.A., Inc. served on 9/15/2021, answer due 10/6/2021. (Farnan, Michael) (Entered: 09/16/2021)

#6

(#6) UNOPPOSED MOTION for Extension of Time to Respond to Complaint - filed by TOT Power Control, S.L. (Attachments: #1 Text of Proposed Order)(Farnan, Michael) Modified on 10/14/2021 (dlw). (Entered: 10/14/2021)

6 #1

Text of Proposed Order

 

Docket Entries

  • 10/14/2021
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  • DocketSO ORDERED re #6 UNOPPOSED MOTION for Extension of Time to Respond to Complaint (Set/Reset Answer Deadlines: LG Electronics U.S.A., Inc. answer due 1/4/2022; LG Electronics, Inc. answer due 1/4/2022). ORDERED by Judge Maryellen Noreika on 10/14/2021. (dlw) (Entered: 10/14/2021)

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  • 10/14/2021
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  • Docket(#6) UNOPPOSED MOTION for Extension of Time to Respond to Complaint - filed by TOT Power Control, S.L. (Attachments: #1 Text of Proposed Order)(Farnan, Michael) Modified on 10/14/2021 (dlw). (Entered: 10/14/2021)

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  • 09/22/2021
  • DocketCase Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:21-cv-01304-MN, 1:21-cv-01305-MN (rjb) (Entered: 09/22/2021)

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  • 09/16/2021
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  • Docket(#5) SUMMONS Returned Executed by TOT Power Control, S.L.. LG Electronics U.S.A., Inc. served on 9/15/2021, answer due 10/6/2021. (Farnan, Michael) (Entered: 09/16/2021)

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  • 09/14/2021
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  • Docket(#4) Summons Issued with Magistrate Consent Notice attached as to LG Electronics U.S.A., Inc. on 9/14/2021. (mal) (Entered: 09/14/2021)

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  • 09/14/2021
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  • Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,532,865 B2 ;US 7,496,376 B2. (mal) (Entered: 09/14/2021)

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  • 09/14/2021
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  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) (Entered: 09/14/2021)

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  • 09/14/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against LG Electronics U.S.A., Inc., LG Electronics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3698475.) - filed by TOT Power Control, S.L.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(mal) (Entered: 09/14/2021)

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