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This case was last updated from PACER on 06/11/2021 at 18:49:35 (UTC).

TurboCode LLC v. HP 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 HP Inc. and Hewlett Packard Enterprise Company (“HP” or “Defendant”), seeking a judgement, damages with both pre- and post – judgement interest 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 HP for infringement and recover damages, including damages for past infringement. 

 

In its complaint, the Plaintiff alleged that, “HP 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 (e.g., TS 36.101-36.978, TS 26.071-26.999), and similar systems, products, and/or devices including the ’295 Accused Products. HP’s acts of inducement include, inter alia: providing the ’295 Accused Products to its customers and other third parties and intending them to use the ’295 Accused Products; providing information, advertising, and instructions for these products through its own and third- party websites”.

 

The Plaintiff also alleged that, “HP has induced and continues to induce infringement of one or more claims of the ’742 patent, including, but not limited to, Claims 1 and 6, pursuant to 35 U.S.C. § 271(b) by encouraging its customers and other third parties such as users, distributors, wholesalers, and retailers of the ’742 Accused Products to make, use, sell, offer to sell, and/or import in the United States without authorization the ’742 Accused Products (or products of which the ’742 Accused Products are components) as described above and/or by encouraging those same customers and third parties to use the ’742 Accused Products (or products of which the ’742 Accused Products are components).

 

There are two claims for relief laid down by the Plaintiff. The first claim is for alleged infringement of U.S. Patent no. 6,799,295. The second claim is for the alleged infringement of U.S. Patent no. 6.813,742. 

 

In its prayer for relief, the Plaintiff has requested the court for a judgment that the Defendant has infringed, and continues to infringe, one or more claims of each of the Asserted Patents, award 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 along with costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00360

  • 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

HP Inc.

Hewlett Packard Enterprise Company

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

Barry K. Shelton

Attorney at Shelton Coburn LLP

311 Rr 620 S, Suite 205

Austin, TX 78734-4775

 

Court Documents

#9

(#9) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by HP Inc., Hewlett Packard Enterprise Company. (Attachments: #1 Proposed Order)(Shelton, Barry) (Entered: 05/12/2021)

#8

(#8) NOTICE of Attorney Appearance by Barry K. Shelton on behalf of HP Inc., Hewlett Packard Enterprise Company. Attorney Barry K. Shelton added to party HP Inc.(pty:dft), Attorney Barry K. Shelton added to party Hewlett Packard Enterprise Company(pty:dft) (Shelton, Barry) (Entered: 05/06/2021)

7 #1

Summons

#7

(#7) SUMMONS Returned Executed by TurboCode LLC. HP Inc. served on 4/29/2021, answer due 5/20/2021; Hewlett Packard Enterprise Company served on 4/29/2021, answer due 5/20/2021. (Attachments: #1 Summons)(Chan, Alex) (Entered: 04/30/2021)

#6

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

#5

(#5) Summons Issued as to Hewlett Packard Enterprise Company. (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 #1

Summons

#2

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

1 #5

Exhibit 4

1 #4

Exhibit 3

1 #3

Exhibit 2

1 #2

Exhibit 1

#1

(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14688686), 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)

9 More Documents Available
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Docket Entries

  • 05/14/2021
  • DocketReset Answer Deadlines: HP Inc. answer due 7/6/2021; Hewlett Packard Enterprise Company 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. This Court, having considered Defendants Unopposed Motion for Extension of Time to File Answer (the Motion), hereby GRANTS the Motion and ORDERS the following: Defendants deadline to answer or otherwise respond to the 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 re #1 Complaint by HP Inc., Hewlett Packard Enterprise Company. (Attachments: #1 Proposed Order)(Shelton, Barry) (Entered: 05/12/2021)

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  • 05/06/2021
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  • Docket(#8) NOTICE of Attorney Appearance by Barry K. Shelton on behalf of HP Inc., Hewlett Packard Enterprise Company. Attorney Barry K. Shelton added to party HP Inc.(pty:dft), Attorney Barry K. Shelton added to party Hewlett Packard Enterprise Company(pty:dft) (Shelton, Barry) (Entered: 05/06/2021)

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  • 04/30/2021
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  • Docket(#7) SUMMONS Returned Executed by TurboCode LLC. HP Inc. served on 4/29/2021, answer due 5/20/2021; Hewlett Packard Enterprise Company served on 4/29/2021, answer due 5/20/2021. (Attachments: #1 Summons)(Chan, Alex) (Entered: 04/30/2021)

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

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  • 04/13/2021
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  • Docket(#5) Summons Issued as to Hewlett Packard Enterprise Company. (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)(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 0542-14688686), 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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