This case was last updated from U.S. District Courts on 07/15/2022 at 11:19:27 (UTC).

TOT Power Control, S.L. v. Verizon Communications, 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 Verizon Communications,  Inc. (“Verizon”) and Cellco Partnership d/b/a Verizon Wireless (“Cellco”) (collectively “Defendants”), represented by Michael E. Jones of Potter Minton PC, seeking damages and other relief under 35 U.S.C.§ 287 and 35 U.S.C. § 284 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 Verizon and Cellco 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 the Patents-in-Suit without approval, authority, or license to do so.”

Plaintiff further alleged that “when viewed as a whole, the claims of the Patents-in-Suit, including as an ordered combination, are not merely a recitation of well-understood, routine, or conventional technologies or components. 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. The claimed technologies were not known in the prior art at the time of the invention, let alone well-known, routine, or conventional.”

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, Verizon and Cellco have allegedly infringed and continue to infringe directly one or more claims of the 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 Verizon and Cellco 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-00110

  • Filing Date:

    02/01/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

TOT Power Control, S.L.

Defendants

Verizon Communications, Inc.

Cellco Partnership doing business as Verizon Wireless

Attorney/Law Firm Details

Plaintiff Attorney

Erick Scott Robinson

Defendant Attorney

Michael E. Jones

 

Court Documents

#1

#14

#13

11 #1

Proposed Order

#11

#10

#9

#8

#7

#6

#5

4 #1

AO-120

#4

#2

1 #1

Civil Cover Sheet

6 More Documents Available
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Docket Entries

  • 04/09/2021
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  • Docket(#14) Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (bot1) (Entered: 04/09/2021)

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  • 04/08/2021
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  • Docket(#13) NOTICE of Voluntary Dismissal by TOT Power Control, S.L. (Robinson, Erick) (Entered: 04/08/2021)

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  • 02/23/2021

  • DocketReset Deadlines: Cellco Partnership answer due 4/12/2021; Verizon Communications, Inc. answer due 4/12/2021. (bw) (Entered: 02/23/2021)

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  • 02/23/2021
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  • DocketText Order GRANTING #11 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Before the Court is Defendants Verizon Communications, Inc. and Cellco Partnership d/b/a Verizon Wireless Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs Complaint for Patent Infringement. After consideration of said unopposed motion, the Court finds that it should be GRANTED. IT IS THEREFORE ORDERED that Defendants Verizon Communications, Inc. and Cellco partnership d/b/a Verizon Wireless have up to and including April 12, 2021 to answer or otherwise respond to Plaintiff TOT Power Control, S.L.s Complaint for Patent Infringement. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#11) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Respond by Cellco Partnership, Verizon Communications, Inc.. (Attachments: #1 Proposed Order)(Jones, Michael) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#10) NOTICE of Attorney Appearance by Michael E. Jones on behalf of Cellco Partnership, Verizon Communications, Inc.. Attorney Michael E. Jones added to party Cellco Partnership(pty:dft), Attorney Michael E. Jones added to party Verizon Communications, Inc.(pty:dft) (Jones, Michael) (Entered: 02/22/2021)

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  • 02/09/2021
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  • Docket(#9) SUMMONS Returned Executed by TOT Power Control, S.L.. Cellco Partnership served on 2/4/2021, answer due 2/25/2021. (Robinson, Erick) (Entered: 02/09/2021)

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  • 02/06/2021
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  • Docket(#8) SUMMONS Returned Executed by TOT Power Control, S.L.. Verizon Communications, Inc. 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(#7) Summons Issued as to Cellco Partnership. (lad) (Entered: 02/03/2021)

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  • 02/03/2021
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  • Docket(#6) Summons Issued as to Verizon Communications, 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) REQUEST FOR ISSUANCE OF SUMMONS by TOT Power Control, S.L.. (Robinson, Erick) (Entered: 02/01/2021)

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  • 02/01/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14437718). 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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