This case was last updated from U.S. District Courts on 11/22/2021 at 08:33:07 (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

Alfonso Garcia Chan

Attorney at Shore Chan LLP

901 Main Street, Suite 3300

Dallas, TX 75202

Ari B. Rafilson

Attorney at Shore Chan LLP

901 Main Street, Suite 3300

Dallas, TX 75202

Corey Martin Lipschutz

Attorney at Shore Chan LLP

901 Main Street, Suite 3300

Dallas, TX 75202

John P. Lahad

Attorney at Susman Godfrey, L.L.P.

1000 Louisiana Street, Suite 5100

Houston, TX 77002

Mark D. Siegmund

Attorney at Steckler Wayne Cochran Cherry, PLLC

8416 Old Mcgregor Rd.

Waco, TX 76712

Michael W. Shore

Attorney at Shore Chan DePumpo LLP

901 Main Street, Suite 3300

Dallas, TX 75202

Raphael Denis Philippe Chabaneix

Attorney at Shore Chan LLP

901 Main Street

Dallas, TX 75202

Robert Christopher Bunt

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

100 East Ferguson, Ste. 418

Tyler, TX 75702

Samuel E. Joyner

Attorney at Shore Chan LLP

901 Main Street, Suite 3300

Dallas, TX 75202

Charles L. Ainsworth

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

100 East Ferguson, Suite 418

Tyler, TX 75702

Brian D. Melton

Attorney at Susman Godfrey LLP

1000 Louisiana Street - Suite 5100

Houston, TX 77002-5096

Defendant Attorneys

B. Trent Webb

Attorney at Shook, Hardy & Bacon LLP

2555 Grand Blvd.

Kansas City, MO 64108-2613

John D. Garretson

Attorney at Shook, Hardy & Bacon LLP

2555 Grand Blvd.

Kansas City, MO 64108

Fiona A. Bell

Attorney at Shook, Hardy, & Bacon LLP

600 Travis St., Suite 3400

Houston, TX 77002-2926

 

Court Documents

#18

(#18) ORDER GRANTING #15 Motion to Appear Pro Hac Vice for Attorney JOHN D. GARRETSON. Attorney added for Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 10/21/2021)

#17

(#17) ORDER GRANTING #14 Motion to Appear Pro Hac Vice for Attorney B. TRENT WEBB. Attorney added for Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 10/21/2021)

#16

(#16) NOTICE of Change of Address by Mark D. Siegmund (Siegmund, Mark) (Entered: 10/20/2021)

#15

(#15) MOTION to Appear Pro Hac Vice by Fiona A. Bell John D. Garretson ( Filing fee $ 100 receipt number 0542-15351330) by on behalf of Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited. (Bell, Fiona) (Entered: 10/19/2021)

#14

(#14) MOTION to Appear Pro Hac Vice by Fiona A. Bell B. Trent Webb ( Filing fee $ 100 receipt number 0542-15351253) by on behalf of Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited. (Bell, Fiona) (Entered: 10/19/2021)

#13

(#13) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 10/13/2021)

#12

(#12) NOTICE of Agreed Extension of Time to Respond to Plaintiff's Complaint by Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited re #1 Complaint, (Bell, Fiona) (Entered: 10/08/2021)

11 #1

Proposed Order

#11

(#11) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited. (Attachments: #1 Proposed Order)(Bell, Fiona) (Entered: 10/07/2021)

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

17 More Documents Available
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Docket Entries

  • 10/21/2021
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  • Docket(#18) ORDER GRANTING #15 Motion to Appear Pro Hac Vice for Attorney JOHN D. GARRETSON. Attorney added for Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 10/21/2021)

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  • 10/21/2021
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  • Docket(#17) ORDER GRANTING #14 Motion to Appear Pro Hac Vice for Attorney B. TRENT WEBB. Attorney added for Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 10/21/2021)

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  • 10/20/2021
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  • Docket(#16) NOTICE of Change of Address by Mark D. Siegmund (Siegmund, Mark) (Entered: 10/20/2021)

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  • 10/19/2021
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  • Docket(#15) MOTION to Appear Pro Hac Vice by Fiona A. Bell John D. Garretson ( Filing fee $ 100 receipt number 0542-15351330) by on behalf of Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited. (Bell, Fiona) (Entered: 10/19/2021)

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  • 10/19/2021
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  • Docket(#14) MOTION to Appear Pro Hac Vice by Fiona A. Bell B. Trent Webb ( Filing fee $ 100 receipt number 0542-15351253) by on behalf of Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited. (Bell, Fiona) (Entered: 10/19/2021)

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  • 10/08/2021
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  • Docket(#13) Standing Order Regarding Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (Entered: 10/13/2021)

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  • 10/08/2021
  • DocketReset Deadlines: Cochlear Americas answer due 12/23/2021; Cochlear Clinical Services, LLC answer due 12/23/2021; Cochlear Limited answer due 12/23/2021. (jc5) (Entered: 10/12/2021)

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  • 10/08/2021
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  • Docket(#12) NOTICE of Agreed Extension of Time to Respond to Plaintiff's Complaint by Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited re #1 Complaint, (Bell, Fiona) (Entered: 10/08/2021)

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  • 10/08/2021
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  • DocketText Order DENYING #11 Motion for Extension of Time to Answer for failure to comply with the August 11, 2021 Standing Order Regarding Joint or Unopposed Request to Change Deadlines entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (RRlc) (Entered: 10/08/2021)

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  • 10/07/2021
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  • Docket(#11) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Cochlear Americas, Cochlear Clinical Services, LLC, Cochlear Limited. (Attachments: #1 Proposed Order)(Bell, Fiona) (Entered: 10/07/2021)

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2 More Docket Entries
  • 09/28/2021
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  • Docket(#8) NOTICE of Attorney Appearance by Raphael Denis Philippe Chabaneix on behalf of University of Pittsburgh -- Of the Commonwealth System of Higher Education . Attorney Raphael Denis Philippe Chabaneix added to party University of Pittsburgh -- Of the Commonwealth System of Higher Education (pty:pla) (Chabaneix, Raphael) (Entered: 09/28/2021)

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  • 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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