This case was last updated from U.S. District Courts on 05/18/2022 at 03:39:27 (UTC).

Verkada, Inc. v. Motorola Solutions, Inc. et al

Case Summary

On September 2, 2021, Verkada, Inc. (“Verkada” or “Plaintiff”), represented by Sean Sang-Chul Pak of Quinn Emanuel Urquhart & Sullivan, LLP, filed an intellectual property lawsuit against Motorola Solutions, Inc., Avigilon Corporation, Avigilon Fortress Corporation, Avigilon Patent Holding 1 Corporation, and Avigilon Technologies Corporation (collectively, “Defendants”). Plaintiff filed suit seeking a declaratory judgment of non-infringement of the United States Patents owned by the plaintiff. This case was filed in the United States District Court in the Northern District of California.

This action is brought pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201- 2202, and the Patent Laws of the United States, 35 U.S.C. §§ 100 et seq., for a declaratory judgment of alleged non-infringement of patents Defendants have asserted against Verkada in proceedings before the United States International Trade Commission (“USITC”). Verkada seeks a declaratory judgment of non-infringement of United States Patent No. 7,868,912 (the “’912 Patent”), United States Patent No. 8,508,607 (the “’607 Patent”), and United States Patent No. 10,726,312 (the “’312 Patent”) (collectively, the “Asserted Patents”).

In the complaint, the plaintiff alleged that, “In the USITC Complaint, Defendants allege that Verkada’s accused security camera products and software infringe the ’912 Patent, including (a) the Verkada Dome Series, such as the CD31, CD41, CD51, and CD61 products in all configurations; (b) the Verkada Mini Series, such as the CM41, CM41-E, and CM61 products in all configurations; (c) the Verkada Fisheye Series, such as the CF81-E product in all configurations; (d) the Verkada Bullet Series, such as the CB51-E, CB61-E, CB51-TE, and CB61-TE products in all configurations; and (e) the Verkada D-Series, such as the D30, D40, D50, and D80 products in all configurations.”

The plaintiff also alleged that, “Verkada does not directly or indirectly infringe, either literally or under the doctrine of equivalents, all of the claim limitations of any claim of the ’912 Patent. Additionally, Verkada’s accused security camera products and software have not infringed and do not infringe any claim of the ’912 Patent, including (a) the Verkada Dome Series, such as the CD31, CD41, CD51, and CD61 products in all configurations; (b) the Verkada Mini Series, such as the CM41, CM41-E, and CM61 products in all configurations; (c) the Verkada Fisheye Series, such as the CF81-E product in all configurations; (d) the Verkada Bullet Series, such as the CB51-E, CB61-E, CB51-TE, and CB61- TE products in all configurations; and (e) the Verkada D-Series, such as the D30, D40, D50, and D80 products in all configurations.”

Further, the plaintiff alleged that, “Verkada therefore respectfully requests that this Court declare that neither Verkada nor Verkada’s accused security camera products and software directly or indirectly infringe, whether literally or under the doctrine of equivalents, any claim of the ’912 Patent.”

There are three claims for relief laid down by the plaintiff, one for non-infringement of each of the Asserted Patents.

In the prayer for relief, the plaintiff has requested the court to pass a judgment that Verkada has not infringed and does not infringe, directly or indirectly, any enforceable claim of the Asserted Patents, either literally or under the doctrine of equivalents. The plaintiff also requests the court find this case is exceptional under 35 U.S.C. § 285 and award Verkada its attorneys’ fees, costs, and expenses incurred in this action and such other and further relief as the Court deems just and proper. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-06858

  • Filing Date:

    09/02/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

James Donato

 

Party Details

Plaintiff

Verkada, Inc.

Defendants

Motorola Solutions, Inc.

Avigilon Corporation

Avigilon Fortress Corporation

Avigilon Patent Holding 1 Corporation

Avigilon Technologies Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Iman Lordgooei

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

50 California St 22Nd Fl

San Francisco, CA 94111

Jodie W. Cheng

Attorney at QUINN EMANUEL URQUHART & SULLIVAN, LLP

50 California St., 22Nd Floor

San Francisco, CA 94111

Sean Sang-Chul Pak

Attorney at Quinn Emanuel Urquhart & Sullivan, LLP

50 California, Floor 22

San Francisco, CA 94111

 

Court Documents

#1

1 #1

Civil Cover Sheet

#3

(#3) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/30/2021. Initial Case Management Conference set for 12/7/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (msrS, COURT STAFF) (Filed on 9/3/2021) (Entered: 09/03/2021)

#5

(#5) NOTICE of Appearance by Jodie W. Cheng on behalf of Plaintiff Verkada, Inc. (Cheng, Jodie) (Filed on 9/6/2021) (Entered: 09/06/2021)

#6

(#6) Certificate of Interested Entities by Verkada, Inc. (Pak, Sean) (Filed on 9/6/2021) (Entered: 09/06/2021)

#7

(#7) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Verkada, Inc... (Pak, Sean) (Filed on 9/6/2021) (Entered: 09/06/2021)

9 #9

Main Document

9 #1

Notice of Eligibility for Video Recording

#10

(#10) CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 12/9/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 12/2/2021. Signed by Judge James Donato on 9/9/2021. (lrcS, COURT STAFF) (Filed on 9/9/2021) (Entered: 09/09/2021)

11 #11

Main Document

11 #1

Proposed Order

 

Docket Entries

  • 12/03/2021
  • Docket(#13) ORDER. In light of the stay, Dkt. No. 12, the initial case management conference set for December 9, 2021, is vacated. Signed by Judge James Donato on 12/3/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 10/05/2021
  • Docket(#12) ORDER. Plaintiffs motion to stay, Dkt. No. 11, is granted and the case is administratively closed. The parties are directed to promptly advise the Court of any developments in the ITC investigation. Signed by Judge James Donato on 10/5/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 10/5/2021) (Entered: 10/05/2021)

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  • 10/01/2021
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  • Docket(#11) MOTION to Stay Pursuant to 28 U.S.C. 1659 (Unopposed) filed by Verkada, Inc.. Motion Hearing set for 11/18/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/15/2021. Replies due by 10/22/2021. (Attachments: #1 Proposed Order)(Pak, Sean) (Filed on 10/1/2021) (Entered: 10/01/2021)

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  • 09/09/2021
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  • Docket(#10) CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 12/9/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 12/2/2021. Signed by Judge James Donato on 9/9/2021. (lrcS, COURT STAFF) (Filed on 9/9/2021) (Entered: 09/09/2021)

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  • 09/08/2021
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  • Docket(#9) 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. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen no longer assigned to case. Reassignment Order signed by Clerk on 9/8/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 9/8/2021) (Entered: 09/08/2021)

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  • 09/07/2021
  • Docket(#8) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhfS, COURT STAFF) (Filed on 9/7/2021) (Entered: 09/07/2021)

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  • 09/06/2021
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  • Docket(#7) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Verkada, Inc... (Pak, Sean) (Filed on 9/6/2021) (Entered: 09/06/2021)

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  • 09/06/2021
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  • Docket(#6) Certificate of Interested Entities by Verkada, Inc. (Pak, Sean) (Filed on 9/6/2021) (Entered: 09/06/2021)

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  • 09/06/2021
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  • Docket(#5) NOTICE of Appearance by Jodie W. Cheng on behalf of Plaintiff Verkada, Inc. (Cheng, Jodie) (Filed on 9/6/2021) (Entered: 09/06/2021)

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  • 09/03/2021
  • Docket(#4) Erroneous Entry--Please Ignore CLERK'S NOTICE REGARDING THE FILING OF ANACTION REGARDING A COPYRIGHT. The provisions of17 U.S.C. 508 require the submission of a report to theRegister of Copyrights. Please e-file a proposed Report onthe Filing or Determination of an Action or Appeal Regardinga Copyright form AO 121 using the event Civil Events Other Filings Other Documents Copyright, within fivedays of this notice.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (msrS, COURT STAFF) (Filed on 9/3/2021) Modified on 9/3/2021 (msrS, COURT STAFF). (Entered: 09/03/2021)

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  • 09/03/2021
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  • Docket(#3) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/30/2021. Initial Case Management Conference set for 12/7/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (msrS, COURT STAFF) (Filed on 9/3/2021) (Entered: 09/03/2021)

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  • 09/03/2021
  • Docket(#2) Case assigned to Magistrate Judge Susan van Keulen. 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 9/17/2021. (haS, COURT STAFF) (Filed on 9/3/2021) (Entered: 09/03/2021)

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  • 09/02/2021
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  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 402, receipt number 0971-16353203.). Filed byVerkada, Inc.. (Attachments: #1 Civil Cover Sheet)(Pak, Sean) (Filed on 9/2/2021) (Entered: 09/02/2021)

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