This case was last updated from PACER on 04/02/2021 at 10:00:50 (UTC).

TOT Power Control, S.L. v. Sprint Corporation 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 Sprint Corporation, Sprint Communications Company L.P., and Sprint Spectrum L.P. (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 the 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 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 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 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-00108

  • 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

TOT Power Control, S.L.

Defendants

Sprint Corporation

Sprint Spectrum L.P.

Sprint Communications Company L.P.

Attorney/Law Firm Details

Plaintiff Attorney

Erick Scott Robinson

Attorney at Porter Hedges LLP

1000 Main St., 36Th Floor

Houston, TX 77339

Defendant Attorney

Melissa Richards Smith

Attorney at Gillam and Smith, LLP

303 South Washington Avenue

Marshall, TX 75670

 

Court Documents

#1

(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14437669), filed by TOT Power Control, S.L.. (Attachments: #1 Civil Cover Sheet)(Robinson, Erick) (Entered: 02/01/2021)

14 #1

Proposed Order

#14

(#14) Unopposed MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Amended Complaint by Sprint Communications Company L.P., Sprint Corporation, Sprint Spectrum L.P.. (Attachments: #1 Proposed Order)(Smith, Melissa) (Entered: 03/02/2021)

#13

(#13) NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of Sprint Communications Company L.P., Sprint Corporation, Sprint Spectrum L.P.. Attorney Melissa Richards Smith added to party Sprint Communications Company L.P.(pty:dft), Attorney Melissa Richards Smith added to party Sprint Corporation(pty:dft), Attorney Melissa Richards Smith added to party Sprint Spectrum L.P.(pty:dft) (Smith, Melissa) (Entered: 03/02/2021)

#12

(#12) Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D Albright. as of 2/12/2021. (bot1) (Entered: 02/25/2021)

#10

(#10) SUMMONS Returned Executed by TOT Power Control, S.L.. Sprint Corporation served on 2/4/2021, answer due 2/25/2021. (Robinson, Erick) (Entered: 02/06/2021)

#9

(#9) SUMMONS Returned Executed by TOT Power Control, S.L.. Sprint Communications Company L.P. served on 2/4/2021, answer due 2/25/2021. (Robinson, Erick) (Entered: 02/06/2021)

#8

(#8) Summons Issued as to Sprint Spectrum L.P.. (lad) (Entered: 02/03/2021)

#7

(#7) Summons Issued as to Sprint Communications Company L.P.. (lad) (Entered: 02/03/2021)

#6

(#6) Summons Issued as to Sprint Corporation. (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

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

1 #1

Civil Cover Sheet

7 More Documents Available
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Docket Entries

  • 03/12/2021
  • DocketReset Deadlines: Sprint Communications Company L.P. answer due 4/11/2021; Sprint Corporation answer due 4/11/2021; Sprint Spectrum L.P. answer due 4/11/2021. (am) (Entered: 03/12/2021)

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  • 03/11/2021
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  • DocketText Order GRANTING #14 Motion for Extension of Time to Answer entered by Judge Alan D Albright. It is ORDERED that the deadline for Defendants Sprint Corporation, Sprint Communications Company L.P., and Sprint Spectrum L.P. to move, answer or otherwise respond to Plaintiff's Complaint is April 11, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 03/11/2021)

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  • 03/02/2021
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  • Docket(#14) Unopposed MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Amended Complaint by Sprint Communications Company L.P., Sprint Corporation, Sprint Spectrum L.P.. (Attachments: #1 Proposed Order)(Smith, Melissa) (Entered: 03/02/2021)

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  • 03/02/2021
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  • Docket(#13) NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of Sprint Communications Company L.P., Sprint Corporation, Sprint Spectrum L.P.. Attorney Melissa Richards Smith added to party Sprint Communications Company L.P.(pty:dft), Attorney Melissa Richards Smith added to party Sprint Corporation(pty:dft), Attorney Melissa Richards Smith added to party Sprint Spectrum L.P.(pty:dft) (Smith, Melissa) (Entered: 03/02/2021)

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  • 02/12/2021
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  • Docket(#12) Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D Albright. as of 2/12/2021. (bot1) (Entered: 02/25/2021)

    Read MoreRead Less
  • 02/06/2021
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  • Docket(#11) SUMMONS Returned Executed by TOT Power Control, S.L.. Sprint Spectrum L.P. 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(#10) SUMMONS Returned Executed by TOT Power Control, S.L.. Sprint Corporation 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.. Sprint Communications Company L.P. 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 Sprint Spectrum L.P.. (lad) (Entered: 02/03/2021)

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  • 02/03/2021
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  • Docket(#7) Summons Issued as to Sprint Communications Company L.P.. (lad) (Entered: 02/03/2021)

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  • 02/03/2021
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  • Docket(#6) Summons Issued as to Sprint Corporation. (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)

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

    Read MoreRead Less
  • 02/01/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14437669), filed by TOT Power Control, S.L.. (Attachments: #1 Civil Cover Sheet)(Robinson, Erick) (Entered: 02/01/2021)

    Read MoreRead Less
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