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This case was last updated from PACER on 06/15/2021 at 09:27:01 (UTC).

Twitter, Inc. v. Voip-Pal.com, Inc.

Case Summary

On April 16, 2021, Twitter, Inc. (“Twitter” or “Plaintiff”), represented by Amisha Kamlesh Manek of Perkins Coie LLP, filed an intellectual property lawsuit against VoIP-Pal.com Inc. (“VoIP-Pal” or “Defendant”), seeking declaratory relief with costs, for alleged non-infringement of ’872 patent by the Plaintiff. This case was filed in the U.S. District Court for the Northern District of California with Judge Lucy H. Koh presiding.

 

In its complaint, the Plaintiff alleged that “In April 2020, VoIP-Pal filed lawsuits in the Western District of Texas asserting U.S. Patent 10,218,606 (“the ’606 patent”; Exhibit 3) against Facebook, WhatsApp, Google, Amazon, Apple, AT&T, and Verizon (“the Texas lawsuits”). The ’606 patent is a continuation of the ’872 patent and is a member of the same family of patents asserted in the 2016 and 2018 Cases, and shares a common specification with the six patents asserted in the 2016 and 2018 Cases and the ’872 patent. The claims of the ’606 patent asserted in those new lawsuits are very similar to the claims of the patents that VoIP-Pal previously asserted in the 2016 and 2018 Cases and were found to be invalid by this Court. On June 26, 2020, Twitter filed a first amended complaint that added a claim for a declaratory judgment of invalidity of the ’606 patent. Between December 2020 and April 2021, VoIP-Pal and Twitter had multiple communications about possible resolution of Twitter’s declaratory judgment action against the ’606 patent and a possible broader resolution that includes VoIP-Pal’s other patents, including the ’872 patent.” 

 

The Plaintiff further alleged that “Those communications have not resulted in a resolution of the dispute between VoIP-Pal and Twitter concerning VoIP-Pal’s patents. On March 24, 2021, VoIP-Pal filed another motion to dismiss the declaratory judgment actions filed by Twitter, Apple, AT&T, and Verizon—this time based on a limited covenant not to sue for infringement of the ’606 patent. On April 12, 2021, Twitter responded in part that, at a minimum, any covenant not to sue to resolve Twitter’s declaratory judgment action against the ’606 patent should also include the ’872 patent. Twitter also stated that it expects VoIP-Pal to sue Twitter in the future and that even a broader covenant that includes the ’606 and ’872 patents would not be sufficient to resolve the broader dispute between Twitter and VoIP-Pal concerning VoIP-Pal’s patent portfolio.” 

 

The Plaintiff also alleged that “Twitter’s and VoIP-Pal’s dispute concerning the ’872 patent is related to VoIPPal’s 2016 Case against Twitter and Twitter’s declaratory judgment action involving the ’606 patent. The claims of the ’872 patent are very similar to the claims of the six patents that VoIPPal previously asserted in the 2016 and 2018 Cases and were found to be invalid by this Court, including the ’005 patent, which was asserted against Twitter. The Federal Circuit affirmed this Court’s judgment of invalidity for those six patents, including the ’005 patent, which was asserted against Twitter. The claims of the ’872 patent are also very similar to the claims of the ’606 patent (Exhibits 1 and 3), which is the subject of the pending Texas lawsuits and the declaratory judgment actions filed by Twitter, Apple, AT&T, and Verizon in this Court.” 

 

In the only claim for relief laid down by the Plaintiff, it has been alleged that Twitter does not infringe and has not infringed any claims of the ’872 patent.

 

In its prayer for relief, the Plaintiff has requested the Court to declare that the Twitter products and services do not infringe any claims of the ’872 patent, and to grant an award for attorney’s fees and costs.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-02769

  • Filing Date:

    04/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Lucy H. Koh

 

Party Details

Plaintiff

Twitter, Inc.

Defendant

Voip-Pal.com, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Amisha Kamlesh Manek

Attorney at Perkins Coie LLP

3150 Porter Drive

Palo Alto, CA 94304

Thomas Vincent Matthew

Attorney at Perkins Coie LLP

1155 Avenue Of The Americas, 22Nd Floor

New York, NY 10112

Gene W. Lee

Attorney at Perkins Coie LLP

1155 Avenue Of The Americas, 22Nd Floor

New York, NY 10112

 

Court Documents

#22

(#22) Refund Status re #21 Application for Refund Approved. (rghS, COURT STAFF) (Filed on 6/7/2021) (Entered: 06/07/2021)

#21

(#21) Application for Refund, Receipt Number 0971-15885317 by Twitter, Inc.. (Lee, Gene) (Filed on 6/3/2021) (Entered: 06/03/2021)

19 #1

Notice of Eligibility for Video Recording

#19

(#19) ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings re #18 Order Relating cases. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge James Donato no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 5/17/2021) (Entered: 05/17/2021)

#18

(#18) Order Relating Cases. Signed by Judge Lucy H. Koh on 5/17/2021. (lhklc2, COURT STAFF) (Filed on 5/17/2021) (Entered: 05/17/2021)

#17

(#17) CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 7/23/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 7/15/2021. Signed by Judge James Donato on 4/27/2021. (lrcS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

#16

(#16) ORDER by Judge James Donato granting #10 Motion for Pro Hac Vice as to Thomas Matthew. (lrcS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

10 #1

Certificate of Good Standing

#10

(#16) ORDER by Judge James Donato granting #10 Motion for Pro Hac Vice as to Thomas Matthew. (lrcS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

1 #8

Exhibit 8

1 #7

Exhibit 7

1 #6

Exhibit 6

1 #5

Exhibit 5

1 #4

Exhibit 4

1 #3

Exhibit 3

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

(#1) COMPLAINT for Declaratory Judgment against Voip-Pal.com, Inc. ( Filing fee $ 402, receipt number 0971-15850946.). Filed byTwitter, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Civil Cover Sheet)(Manek, Amisha) (Filed on 4/16/2021) (Entered: 04/16/2021)

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Docket Entries

  • 06/07/2021
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  • Docket(#22) Refund Status re #21 Application for Refund Approved. (rghS, COURT STAFF) (Filed on 6/7/2021) (Entered: 06/07/2021)

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  • 06/03/2021
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  • Docket(#21) Application for Refund, Receipt Number 0971-15885317 by Twitter, Inc.. (Lee, Gene) (Filed on 6/3/2021) (Entered: 06/03/2021)

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  • 05/18/2021
  • Docket(#20) CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH. Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for August 4, 2021 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due seven days prior to the Initial Case Management Conference. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 5/18/2021) (Entered: 05/18/2021)

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  • 05/17/2021
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  • Docket(#19) ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings re #18 Order Relating cases. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge James Donato no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 5/17/2021) (Entered: 05/17/2021)

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  • 05/17/2021
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  • Docket(#18) Order Relating Cases. Signed by Judge Lucy H. Koh on 5/17/2021. (lhklc2, COURT STAFF) (Filed on 5/17/2021) (Entered: 05/17/2021)

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  • 04/27/2021
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  • Docket(#17) CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 7/23/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 7/15/2021. Signed by Judge James Donato on 4/27/2021. (lrcS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

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  • 04/27/2021
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  • Docket(#16) ORDER by Judge James Donato granting #10 Motion for Pro Hac Vice as to Thomas Matthew. (lrcS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

    Read MoreRead Less
  • 04/27/2021
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  • Docket(#15) ORDER by Judge James Donato granting #9 Motion for Pro Hac Vice as to Gene Lee. (lrcS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)

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  • 04/27/2021
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  • Docket(#14) NOTICE by Twitter, Inc. Re Administrative Motion to Consider Whether Cases Should be Related (Attachments: #1 Exhibit A)(Manek, Amisha) (Filed on 4/27/2021) (Entered: 04/27/2021)

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  • 04/26/2021
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  • Docket(#13) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 4/26/21. (haS, COURT STAFF) (Filed on 4/26/2021) (Entered: 04/26/2021)

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2 More Docket Entries
  • 04/26/2021
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  • Docket(#10) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15886298.) filed by Twitter, Inc.. (Attachments: #1 Certificate of Good Standing)(Matthew, Thomas) (Filed on 4/26/2021) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#9) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15885415.) filed by Twitter, Inc.. (Attachments: #1 Certificate of Good Standing)(Lee, Gene) (Filed on 4/26/2021) (Entered: 04/26/2021)

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  • 04/21/2021
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  • Docket(#8) WAIVER OF SERVICE Returned Executed filed by Twitter, Inc.. Service waived by Voip-Pal.com, Inc. waiver sent on 4/19/2021, answer due 6/18/2021. (Manek, Amisha) (Filed on 4/21/2021) (Entered: 04/21/2021)

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  • 04/19/2021
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  • Docket(#7) Summons Issued as to Voip-Pal.com, Inc.. (msrS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/15/2021. Initial Case Management Conference set for 7/22/2021 01:30 PM in San Francisco, Courtroom E, 15th Floor. (msrS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/19/2021
  • Docket(#5) Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/3/2021. (mbcS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/16/2021
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  • Docket(#4) Corporate Disclosure Statement by Twitter, Inc. and Certification of Interested Entities or Persons Under Fed. R. Civ. P. 7.1 and Civ. L.R. 3-15 (Manek, Amisha) (Filed on 4/16/2021) (Entered: 04/16/2021)

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  • 04/16/2021
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  • Docket(#3) REPORT on the filing or determination of an action regarding a Patent (cc: form mailed to register). (Manek, Amisha) (Filed on 4/16/2021) (Entered: 04/16/2021)

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  • 04/16/2021
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  • Docket(#2) Proposed Summons. (Manek, Amisha) (Filed on 4/16/2021) (Entered: 04/16/2021)

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  • 04/16/2021
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  • Docket(#1) COMPLAINT for Declaratory Judgment against Voip-Pal.com, Inc. ( Filing fee $ 402, receipt number 0971-15850946.). Filed byTwitter, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Civil Cover Sheet)(Manek, Amisha) (Filed on 4/16/2021) (Entered: 04/16/2021)

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