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This case was last updated from PACER on 06/11/2021 at 17:00:56 (UTC).

TurboCode LLC v. Dell Technologies Inc. et al

Case Summary

On April 12, 2021, TurboCode LLC (“TurboCode '' or “Plaintiff”), represented by Alex Chan of Devlin Law Firm, filed an intellectual property lawsuit against Dell Technologies Inc. and Dell Inc. (collectively, “Dell'' or “Defendant”), seeking a judgement, royalty and all damages for allegedly unlawfully infringing high speed turbo codes decoder for 3G using pipelined SISO log-map decoders architecture. This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding. 

 

The Plaintiff asserted that TurboCode is the assignee and owner of the patents at issue in this action: U.S. Patents Nos. 6,799,295 (the “’295 patent”) and 6,813,742 (the “’742 patent”) both entitled “High speed turbo codes decoder for 3G using pipelined SISO log-map decoders architecture.” (Collectively, the “Asserted Patents”). TurboCode holds all substantial rights, title, and interest in the Asserted Patents, including the exclusive right to sue Dell for infringement and recover damages, including damages for past infringement.

 

In its complaint, the Plaintiff alleges that, “Dell has infringed one or more claims of the ’295 patent, including but not limited to Claim 1, pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by making, using, selling, offering to sell, and/or importing in the United States without authority cellular telephones, tablet computers, and/or other devices with 3G and/or 4G/LTE capabilities and that comply with the 3G and/or 4G/LTE standards as disclosed in the 3rd Generation Partnership Project (“3GPP”) Standard Specifications governing cellular wireless communications, and similar systems, products, and/or devices including the ’295 Accused Products.”

 

The Plaintiff also alleged that, “Dell has infringed one or more claims of the ’742 patent, including but not limited to Claims 1 and 6, pursuant to 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, at least by making, using, offering to sell, selling, and/or importing into the United States without authority cellular telephones, tablet computers. and similar systems, products, and/or devices including the ’742 Accused Products. Dell performed acts of inducement despite its actual knowledge since at least February 13, 2021, of the ’742 patent and its knowledge that the specific actions it actively induced and continues to actively induce on the part of its customers and other third parties constitute infringement of the ’742 patent. At the very least, because Dell has been, and remains, on notice of the ’742 patent and the accused infringement, it has been, and remains, wilfully blind regarding the infringement that it has induced and continues to induce.”

 

There are two claims for relief laid down by the Plaintiff. The first claim is for the alleged infringement of U.S. Patents No. 6,799,295 (the “’295 patent”). The second claim is for the alleged infringement of U.S. Patents No 6,813,742 (the “’742 patent”), both entitled “High speed turbo codes decoder for 3G using pipelined SISO log-map decoders architecture”.

 

In its prayer for relief, the Plaintiff has requested the court for a judgment that Defendant has infringed one or more claims of each of the Asserted Patents, awarding TurboCode all damages adequate to compensate for Defendant’s infringement, and in no event less than a reasonable royalty for Defendant’s acts of infringement, including all prejudgment and post-judgment interest at the maximum rate allowed by law and costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00359

  • Filing Date:

    04/12/2021

  • 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

TurboCode LLC

Defendants

Dell Technologies Inc.

Dell Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Alex Chan

Attorney at Devlin Law Firm

1526 Gilpin Avenue

Wilmington, DE 19806

Timothy Devlin

Attorney at Devlin Law Firm LLC

1526 Gilpin Avenue

Wilmington, DE 19806

Defendant Attorney

Roger J. Fulghum

Attorney at Baker Botts LLP

One Shell Plaza, 910 Louisiana

Houston, TX 77002

 

Court Documents

9 #1

Proposed Order

#9

(#9) Unopposed MOTION for Extension of Time to File Answer by Dell Inc., Dell Technologies Inc.. (Attachments: #1 Proposed Order)(Fulghum, Roger) (Entered: 05/12/2021)

#8

(#8) NOTICE of Attorney Appearance by Roger J. Fulghum on behalf of Dell Inc., Dell Technologies Inc.. Attorney Roger J. Fulghum added to party Dell Inc.(pty:dft), Attorney Roger J. Fulghum added to party Dell Technologies Inc.(pty:dft) (Fulghum, Roger) (Entered: 05/12/2021)

#7

(#7) SUMMONS Returned Executed by TurboCode LLC. Dell Technologies Inc. served on 4/29/2021, answer due 5/20/2021. (Chan, Alex) (Entered: 04/29/2021)

#6

(#6) Summons Issued as to Dell Technologies Inc.. (lad) (Entered: 04/13/2021)

#5

(#5) Summons Issued as to Dell Inc.. (lad) (Entered: 04/13/2021)

#4

(#4) Pro Hac Vice Letter to atty Sherman. (lad) (Entered: 04/13/2021)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Chan, Alex) (Entered: 04/12/2021)

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by TurboCode LLC. (Attachments: #1 Summons - Dell Technologies)(Chan, Alex) (Entered: 04/12/2021)

1 #5

Exhibit 4

1 #4

Exhibit 3

1 #3

Exhibit 2

1 #2

Exhibit 1

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14688651), filed by TurboCode LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Chan, Alex) (Entered: 04/12/2021)

7 More Documents Available
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Docket Entries

  • 05/14/2021
  • DocketReset Answer Deadlines: Dell Inc. answer due 7/6/2021; Dell Technologies Inc. answer due 7/6/2021. (bw) (Entered: 05/14/2021)

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  • 05/14/2021
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  • DocketText Order GRANTING #9 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Before the Court is Defendant Dell Technologies Inc. and Dell Inc.s Unopposed Motion for Extension of Time to Answer or Otherwise Reply to Plaintiffs Complaint. After consideration of the unopposed motion, the Court hereby GRANTS the motion. IT IS HEREBY ORDERED THAT the time for Defendants Dell Technologies Inc. and Dell Inc. to Plaintiffs Complaint is extended to July 6, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 05/14/2021)

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  • 05/12/2021
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  • Docket(#9) Unopposed MOTION for Extension of Time to File Answer by Dell Inc., Dell Technologies Inc.. (Attachments: #1 Proposed Order)(Fulghum, Roger) (Entered: 05/12/2021)

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  • 05/12/2021
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  • Docket(#8) NOTICE of Attorney Appearance by Roger J. Fulghum on behalf of Dell Inc., Dell Technologies Inc.. Attorney Roger J. Fulghum added to party Dell Inc.(pty:dft), Attorney Roger J. Fulghum added to party Dell Technologies Inc.(pty:dft) (Fulghum, Roger) (Entered: 05/12/2021)

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  • 04/29/2021
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  • Docket(#7) SUMMONS Returned Executed by TurboCode LLC. Dell Technologies Inc. served on 4/29/2021, answer due 5/20/2021. (Chan, Alex) (Entered: 04/29/2021)

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  • 04/13/2021
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  • Docket(#6) Summons Issued as to Dell Technologies Inc.. (lad) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#5) Summons Issued as to Dell Inc.. (lad) (Entered: 04/13/2021)

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  • 04/13/2021
  • DocketAll parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#4) Pro Hac Vice Letter to atty Sherman. (lad) (Entered: 04/13/2021)

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  • 04/12/2021
  • 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: 04/13/2021)

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  • 04/12/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Chan, Alex) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by TurboCode LLC. (Attachments: #1 Summons - Dell Technologies)(Chan, Alex) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14688651), filed by TurboCode LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Chan, Alex) (Entered: 04/12/2021)

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