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This case was last updated from PACER on 04/02/2021 at 10:00:59 (UTC).

TOT Power Control, S.L. v. T-Mobile US, 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 T-Mobile US, Inc., and T-Mobile USA, Inc. (collectively, “Defendants”) represented by Melissa Richards Smith of Gillam and Smith, LLP, 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.

 

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 further 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 also 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” and that “the claimed inventions were not well-known, routine, or conventional at the time of the inventions and represent specific improvements over the prior art and existing systems and methods.”

 

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 it has been alleged that 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-00109

  • 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

TOT Power Control, S.L.

Defendants

T-Mobile USA, Inc.

T-Mobile US, Inc.

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

#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)

11 #1

Proposed Order

#11

(#11) Unopposed MOTION for Extension of Time to File Answer , MOVE OR OTHERWISE RESPOND TO COMPLAINT by T-Mobile US, Inc., T-Mobile USA, Inc.. (Attachments: #1 Proposed Order)(Smith, Melissa) (Entered: 02/11/2021)

#10

(#10) NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of T-Mobile US, Inc., T-Mobile USA, Inc.. Attorney Melissa Richards Smith added to party T-Mobile US, Inc.(pty:dft), Attorney Melissa Richards Smith added to party T-Mobile USA, Inc.(pty:dft) (Smith, Melissa) (Entered: 02/11/2021)

#9

(#9) SUMMONS Returned Executed by TOT Power Control, S.L.. T-Mobile USA, Inc. served on 2/4/2021, answer due 2/25/2021. (Robinson, Erick) (Entered: 02/06/2021)

#8

(#8) SUMMONS Returned Executed by TOT Power Control, S.L.. T-Mobile US, Inc. served on 2/4/2021, answer due 2/25/2021. (Robinson, Erick) (Entered: 02/06/2021)

#7

(#7) Summons Issued as to T-Mobile USA, Inc.. (lad) (Entered: 02/03/2021)

#6

(#6) Summons Issued as to T-Mobile US, 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)

3 #1

AO-120

#3

(#3) 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

#1

(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14437693). No Summons requested at this time, filed by TOT Power Control, S.L.. (Attachments: #1 Civil Cover Sheet)(Robinson, Erick) (Entered: 02/01/2021)

5 More Documents Available
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Docket Entries

  • 02/12/2021
  • View Court Documents
  • 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
  • 02/12/2021
  • DocketT-Mobile US, Inc. answer due 4/11/2021; T-Mobile USA, Inc. answer due 4/11/2021. (bw) (Entered: 02/12/2021)

    Read MoreRead Less
  • 02/12/2021
  • View Court Documents
  • DocketText Order GRANTING #11 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Before the Court is Defendants T-Mobile US, Inc., and T-Mobile USA, Inc.s Unopposed Motion for Extension of Time to Move, Answer or Otherwise Respond to Complaint. The Court, having considered same, is of the opinion the motion should be GRANTED. It is ORDERED that the deadline for Defendants T-Mobile US, Inc., and T-Mobile USA, Inc. to move, answer or otherwise respond to Plaintiffs Complaint is April 11, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 02/12/2021)

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  • 02/11/2021
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  • Docket(#11) Unopposed MOTION for Extension of Time to File Answer , MOVE OR OTHERWISE RESPOND TO COMPLAINT by T-Mobile US, Inc., T-Mobile USA, Inc.. (Attachments: #1 Proposed Order)(Smith, Melissa) (Entered: 02/11/2021)

    Read MoreRead Less
  • 02/11/2021
  • View Court Documents
  • Docket(#10) NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of T-Mobile US, Inc., T-Mobile USA, Inc.. Attorney Melissa Richards Smith added to party T-Mobile US, Inc.(pty:dft), Attorney Melissa Richards Smith added to party T-Mobile USA, Inc.(pty:dft) (Smith, Melissa) (Entered: 02/11/2021)

    Read MoreRead Less
  • 02/06/2021
  • View Court Documents
  • Docket(#9) SUMMONS Returned Executed by TOT Power Control, S.L.. T-Mobile USA, Inc. served on 2/4/2021, answer due 2/25/2021. (Robinson, Erick) (Entered: 02/06/2021)

    Read MoreRead Less
  • 02/06/2021
  • View Court Documents
  • Docket(#8) SUMMONS Returned Executed by TOT Power Control, S.L.. T-Mobile US, Inc. served on 2/4/2021, answer due 2/25/2021. (Robinson, Erick) (Entered: 02/06/2021)

    Read MoreRead Less
  • 02/03/2021
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  • Docket(#7) Summons Issued as to T-Mobile USA, Inc.. (lad) (Entered: 02/03/2021)

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  • 02/03/2021
  • View Court Documents
  • Docket(#6) Summons Issued as to T-Mobile US, Inc.. (lad) (Entered: 02/03/2021)

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  • 02/02/2021
  • View Court Documents
  • 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(#3) 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
  • View Court Documents
  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14437693). No Summons requested at this time, 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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