This case was last updated from U.S. District Courts on 08/20/2021 at 08:02:01 (UTC).

Trackthings LLC v. Netgear, Inc.

Case Summary

On June 21, 2021, TrackThings LLC (“TrackThings” or “Plaintiff), represented by Binni N. Shah and Timothy Kelso Gilman of Stroock & Stroock & Lavan LLP and Christopher Michael Gerson of Kirkland & Ellis LLP, filed an intellectual property lawsuit against NETGEAR, Inc. (“NETGEAR” or “Defendant”), seeking permanent injunctive relief and damages with prejudgment and post judgment interests among other reliefs for alleged unlawful infringement of United States patents owned by the Plaintiff. This case was filed in the United States District Court in the Southern District of New York with Judge Katherine Polk Failla presiding. 

The Plaintiff filed this complaint for the alleged infringement of United States Patent No. 9,642,017 (“the ’017 patent”), United States Patent No. 9,332,442 (“the ’442 patent”), and United States Patent No. 10,107,893 (“the ’893 patent”) (collectively “the Patents-in-Suit”) owned by them.

In the complaint, the Plaintiff has alleged that, “The three Patents-in-Suit are related to wireless networking technology that allows devices (such as computers, smartphones, televisions, printers, etc.) in environments such a homes or small offices1 to wirelessly communicate with each other and to wirelessly access the internet. In particular, the patented inventions are used in, and are critically important to, wireless systems called “mesh WiFi” systems, including mesh WiFi systems manufactured and sold by NETGEAR.”

The Plaintiff also alleged that, “NETGEAR has made, used, sold, offered to sell and/or imported infringing products, including the Accused Products, in the United States, and continues to do so” and “By doing so, NETGEAR has directly infringed, and continues to directly infringe, the Patents-in-Suit.”

Further, the Plaintiff alleged that, “Despite being aware of or having knowledge of the Patents-in-Suit, including by way of TrackThings’s overt publication of the Patents-in-Suit and their potential uses, and in any event through the filing of this Complaint or shortly thereafter, and the value and benefits of TrackThings’s patented technology, NETGEAR engaged, and continues to engage, in behavior that they knew or should have known had a high likelihood of infringing the Patents-in-Suit, including by using TrackThings’s patents technology in the Accused Products.”

Moreover, the Plaintiff also alleged that, “NETGEAR, by itself and/or through its subsidiaries, agents, and/or business partners, has directly infringed, literally or under the doctrine of equivalents, claims of the ’017 patent pursuant to 35 U.S.C. § 271(a) by making, having made, using, selling, offering for sale, and/or importing systems and methods protected thereby including the Accused Products, within the United States and within this district.”

Similar allegations have been made by the Plaintiff with reference to the infringement of other Patents-in-suit. 

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

In the prayer for relief, the Plaintiff has requested the Court for permanent injunctive relief and declaratory reliefs along with an award for damages along with prejudgement and post judgement interests. The Plaintiff also requested the Court for treble damages for willful infringement as provided by 35 U.S.C. § 284 and an award of a compulsory ongoing royalty and an accounting of damages, costs for bringing this action and any other relief the Court deems just and proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-05440

  • Filing Date:

    06/21/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Katherine Polk Failla

 

Party Details

Plaintiff

Trackthings LLC

Defendant

Netgear, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Binni N. Shah

Attorney at Stroock & Stroock & Lavan LLP

180 Maiden Lane

New York, NY 10038

Christopher Michael Gerson

Attorney at Stroock & Stroock & Lavan LLP

180 Maiden Lane

New York, NY 10038

Timothy Kelso Gilman

Attorney at Stroock & Stroock & Lavan LLP

180 Maiden Lane

New York, NY 10038

Defendant Attorney

Christopher Kao

Attorney at Pillsbury Winthrop Shaw Pittman LLP

Four Embarcadero Center, 22Nd Floor

San Francisco, CA 94111-5998

 

Court Documents

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2 More Documents Available
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Docket Entries

  • 07/14/2021
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  • Docket(#14) NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/1/2021 at 03:30 PM before Judge Katherine Polk Failla. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/14/2021) (vfr) (Entered: 07/14/2021)

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  • 07/13/2021
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  • Docket(#13) ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Katherine Polk Failla from Christopher Kao dated July 12, 2021., #1 Complaint,. Application GRANTED with the understanding that no further extensions will be forthcoming. SO ORDERED. (Netgear, Inc. answer due 8/30/2021.) (Signed by Judge Katherine Polk Failla on 7/13/21) (yv) (Entered: 07/13/2021)

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  • 07/12/2021
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  • Docket(#12) LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Katherine Polk Failla from Christopher Kao dated July 12, 2021. Document filed by Netgear, Inc...(Kao, Christopher) (Entered: 07/12/2021)

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  • 06/25/2021
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  • Docket(#11) SUMMONS RETURNED EXECUTED Summons and Complaint, served. Netgear, Inc. served on 6/23/2021, answer due 7/14/2021. Service was accepted by Casey Pineda, Managing Agent. Document filed by Trackthings LLC..(Gilman, Timothy) (Entered: 06/25/2021)

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  • 06/22/2021
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  • Docket(#10) CIVIL COVER SHEET filed..(Gilman, Timothy) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#9) AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(jgo) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#8) ELECTRONIC SUMMONS ISSUED as to Netgear, Inc...(jgo) (Entered: 06/22/2021)

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  • 06/22/2021
  • DocketCase Eligible for Patent Pilot Program. (jgo) (Entered: 06/22/2021)

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  • 06/22/2021
  • DocketCase Designated ECF. (jgo) (Entered: 06/22/2021)

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  • 06/22/2021
  • DocketMagistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) (Entered: 06/22/2021)

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  • 06/22/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Timothy Kelso Gilman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the second page of the PDF was omitted;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) (Entered: 06/22/2021)

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  • 06/21/2021
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  • Docket(#7) NOTICE OF APPEARANCE by Christopher Michael Gerson on behalf of Trackthings LLC..(Gerson, Christopher) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#6) NOTICE OF APPEARANCE by Binni N. Shah on behalf of Trackthings LLC..(Shah, Binni) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#5) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Gilman, Timothy) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Trackthings LLC..(Gilman, Timothy) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Netgear, Inc., re: #1 Complaint,. Document filed by Trackthings LLC..(Gilman, Timothy) (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#2) FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Gilman, Timothy) Modified on 6/22/2021 (jgo). (Entered: 06/21/2021)

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  • 06/21/2021
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  • Docket(#1) COMPLAINT against Netgear, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24698638)Document filed by Trackthings LLC. (Attachments: #1 Exhibit A - U.S. Patent No. 9,642,017, #2 Exhibit B - U.S. Patent No. 9,332,442, #3 Exhibit C - U.S. Patent No. 10,107,893).(Gilman, Timothy) (Entered: 06/21/2021)

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