This case was last updated from PACER on 09/24/2021 at 07:55:06 (UTC).

University of Pittsburgh -- Of the Commonwealth System of Higher Education v. Cochlear Limited et al

Case Summary

On September 23, 2021, University of Pittsburgh -- of the Commonwealth System of Higher Education (“Pitt” or “Plaintiff”), represented by Brian D. Melton and John P. Lahad of Susman Godfrey, LLP, Charles L. Ainsworth and Robert Christopher Bunt of Parker, Bunt & Ainsworth, PC, and Mark D. Siegmund of Law Firm of Walt Fair, PLLC, filed an intellectual property lawsuit against Cochlear Limited, Cochlear Americas, and Cochlear Clinical Services, LLC (collectively, “Defendants'' or “Cochlear”), seeking declaratory reliefs and damages along with pre-judgement and post-judgement interest among other reliefs for the alleged infringement of the United States Patent owned by the Plaintiff. This case was filed in the United States District Court in the Western District of Texas with Judge Alan D. Albright presiding. 

 

The Plaintiff filed this complaint for the alleged infringement of the United States Patent No. 8,421,274 (the “’274 Patent”, or the “Asserted Patent”) titled “Wireless Energy Transfer System” owned by the Plaintiff. 

 

In the complaint, the Plaintiff alleged that, “Defendants have directly infringed and continue to directly infringe the Asserted Patent under 35 U.S.C. §§ 271(a) and 271(g) by making, using, selling, offering to sell, and/or importing in or into the United States the Accused Instrumentalities that practice the Asserted Patent” and “In addition to manufacturing, marketing, and selling the Accused Instrumentalities, Defendants use the Accused Instrumentalities by providing “services” for them. These services include activation, troubleshooting and calibrations, maintenance, as well as sales of upgrades to newer versions of infringing sound processors.”

 

The Plaintiff also alleged that, “Defendants have indirectly infringed and continue to indirectly infringe the Asserted Patent under 35 U.S.C. § 271(b) by taking active steps to induce, encourage, facilitate, aid, or otherwise cause direct infringement by others, including but not limited to surgeons, audiologists, clinicians, and cochlear implant patients” and “Defendants have had notice and knowledge of the ’274 Patent and their infringement thereof since at least February 2, 2021 as a result of Pitt’s notice letter, subsequent discussions, and the filing of this Complaint.”

 

The Plaintiff further alleged that, “Defendants have indirectly infringed and continue to indirectly infringe the Asserted Patent under 35 U.S.C. § 271(c) by selling, offering to sell, and/or importing in or into the United States components of the Accused Instrumentalities that practice the Asserted Patent, knowing said components are especially made or adapted for use in the Accused Instrumentalities and direct infringement of the Asserted Patent.”

 

There are three claims for relief laid down by the Plaintiff. The first claim is for the alleged direct infringement of the asserted patent. The second and third claims are for the alleged indirect infringement and alleged contributory infringement of the asserted patent, respectively.

 

In its prayer for relief, the Plaintiff has requested the Court for declaratory relief and an order requiring the Defendants to pay the Plaintiff damages under 35 U.S.C. § 284, and supplemental damages for any continuing post-verdict infringement through entry of the final judgment with an accounting along with a compulsory ongoing royalty. The Plaintiff also requested the Court for reasonable attorneys’ fees and costs for bringing this action along with pre-judgement and post-judgement interest and any other relief the Court deems just and equitable.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00986

  • Filing Date:

    09/23/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

University of Pittsburgh -- Of the Commonwealth System of Higher Education

Defendants

Cochlear Limited

Cochlear Americas

Cochlear Clinical Services, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Brian D. Melton

Attorney at Susman Godfrey LLP

1000 Louisiana Street - Suite 5100

Houston, TX 77002-5096

John P. Lahad

Attorney at Susman Godfrey, L.L.P.

1000 Louisiana Street, Suite 5100

Houston, TX 77002

Mark D. Siegmund

Attorney at Law Firm of Walt Fair, PLLC

1508 North Valley Mills Drive

Waco, TX 76710

Robert Christopher Bunt

Attorney at Parker, Bunt & Ainsworth, P.C.

100 East Ferguson, Ste. 418

Tyler, TX 75702

Charles L. Ainsworth

Attorney at Parker, Bunt & Ainsworth, P.C.

100 East Ferguson, Suite 418

Tyler, TX 75702

 

Court Documents

#7

(#7) Summons Issued as to Cochlear Clinical Services, LLC. (lad) (Entered: 09/23/2021)

#6

(#6) Summons Issued as to Cochlear Americas. (lad) (Entered: 09/23/2021)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS by University of Pittsburgh -- Of the Commonwealth System of Higher Education. [as to Cochlear Clinical Services, LLC] (Ainsworth, Charles) (Entered: 09/23/2021)

#4

(#4) REQUEST FOR ISSUANCE OF SUMMONS by University of Pittsburgh -- Of the Commonwealth System of Higher Education. [as to Cochlear Americas] (Ainsworth, Charles) (Entered: 09/23/2021)

#3

(#3) RULE 7 DISCLOSURE STATEMENT filed by University of Pittsburgh -- Of the Commonwealth System of Higher Education. (Ainsworth, Charles) (Entered: 09/23/2021)

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ainsworth, Charles) (Entered: 09/23/2021)

1 #8

Exhibit G

1 #7

Exhibit F

1 #6

Exhibit E

1 #5

Exhibit D

1 #4

Exhibit C

1 #3

Exhibit B

1 #2

Exhibit A

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND ( Filing fee $ 402 receipt number 0542-15258468). No Summons requested at this time, filed by University of Pittsburgh -- Of the Commonwealth System of Higher Education. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Ainsworth, Charles) (Entered: 09/23/2021)

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Docket Entries

  • 09/23/2021
  • 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: 09/23/2021)

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  • 09/23/2021
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  • Docket(#7) Summons Issued as to Cochlear Clinical Services, LLC. (lad) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#6) Summons Issued as to Cochlear Americas. (lad) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS by University of Pittsburgh -- Of the Commonwealth System of Higher Education. [as to Cochlear Clinical Services, LLC] (Ainsworth, Charles) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by University of Pittsburgh -- Of the Commonwealth System of Higher Education. [as to Cochlear Americas] (Ainsworth, Charles) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by University of Pittsburgh -- Of the Commonwealth System of Higher Education. (Ainsworth, Charles) (Entered: 09/23/2021)

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  • 09/23/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ainsworth, Charles) (Entered: 09/23/2021)

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  • 09/23/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND ( Filing fee $ 402 receipt number 0542-15258468). No Summons requested at this time, filed by University of Pittsburgh -- Of the Commonwealth System of Higher Education. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Ainsworth, Charles) (Entered: 09/23/2021)

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