This case was last updated from U.S. District Courts on 07/09/2021 at 08:07:41 (UTC).

Vervain, LLC v. Micron Technology, Inc. et al

Case Summary

On May 10, 2021, Vervain, LLC (“Vervain” or “Plaintiff”), represented by Alan Whitehurst, James Quigley and Kathy H. Li of McKool Smith PC, filed an intellectual property lawsuit against Micron Technology, Inc.; Micron Semiconductor Products, Inc.; and Micron Technology Texas, LLC (collectively, “Micron” or “Defendants”); seeking injunctive relief, damages with both pre- and post-judgement interest for allegedly unlawfully infringing patented technology related to Lifetime Mixed Level Non-Volatile Memory System. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

Vervain asserted that Plaintiff is the legal owner by assignment of all rights, title and interest in numerous United States and foreign patents and applications including U.S. Patent No. 8,891,298 (the “’298 patent”), issued on November 18, 2014, U.S. Patent No. 9,196,385 (the “’385 patent”), issued on November 24, 2015, U.S. Patent No. 9,997,240 (the “’240 patent”), issued on June 12, 2018 and U.S. Patent No. 10,950,300 (the “’300 patent”) issued on March 16, 2021, all of them entitled “Lifetime Mixed Level Non-Volatile Memory System”, (collectively, the “Accused Patents”).

In its complaint the Plaintiff alleged that “Micron is a global manufacturer and supplier of memory products, including non- volatile memory products. Micron’s Compute and Networking Business Unit, Mobile Business Unit, Storage Business Unit and Embedded Business Unit designs, makes, uses, offers to sell, sells, imports, supplies, or otherwise distributes memory products for client, cloud server, enterprise, graphics, and networking chips for cloud server, enterprise, client, graphics, and networking purposes. The Accused Products are integrated into devices made, used, offered for sale, sold, imported, supplied, or otherwise distributed in the United States by among others, Micron, Micron’s customers, original equipment manufacturers (“OEMs”), original design manufacturers (“ODMs”), foundry suppliers, distributers, and other third parties.”



The Plaintiff further alleged that “Micron also conducts research, development, and testing of Accused Products in the United States and maintains a website that advertised the Accused Products, including identifying the applications for which they can be used and specifications for the Accused Products. Micron designs, including products with the part name or number M600 SATA SSD, 2200 SSD, 2210 SSD, and 2300 SSD, and other memory products that have the same or similar structures, features, or functionalities, as the aforementioned products.”



There are four claims for relief laid down by the Plaintiff, all of them dealing with the infringement of the Accused Products because the Accused Products include an FTL flash translation layer, wherein at least one controller, or FTL, or a combination of both maintain an address table in one or more of the memory elements and random-access volatile memory, along with controller which performs a data integrity test on stored data in the MLC non-volatile memory element. 

In its prayer for relief the Plaintiff has requested the court that, in accordance with 35 U.S.C. § 283, Defendants be preliminarily and permanently enjoined from infringing the Asserted Patents and making, using, selling, and offering for sale, or importing into the United States, the Accused Products, an award of damages sufficient to compensate Vervain for Defendants’ infringement under 35 U.S.C. § 284 along with pre- and post-judgment interest and such other relief as the Court may deem just and proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00487

  • Filing Date:

    05/10/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Vervain, LLC

Defendants

Micron Semiconductor Products, Inc.

Micron Technology Texas, LLC

Micron Technology, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Kathy H. Li

Attorney at McKool Smith, PC

303 Colorado Street, Suite 2100

Austin, TX 78701

James Quigley

Attorney at McKool Smith PC

303 Colorado Street, Suite 2100

Austin, TX 78701

Alan Whitehurst

Attorney at McKool Smith

1717 K St. Nw, Washington, Suite 900

Washington, DC 20006

Christopher Paul McNett

Attorney at McKool Smith PC

1717 K Street Nw, Suite 900

Washington, DC 20006

Defendant Attorneys

Claudia Wilson Frost

Attorney at Orrick, Herrington & Sutcliffe LLP

609 Main, 40Th Floor

Houston, TX 77002

Jared Bobrow

Attorney at Orrick, Herrington & Sutcliffe LLP

1000 Marsh Road

Menlo Park, CA 94025

Jeremy Jason Lang

Attorney at Orrick, Herrington & Sutcliffe LLP

1000 Marsh Road

Menlo Park, CA 94025

 

Court Documents

16 #1

Proposed Order

#16

15 #1

Proposed Order

#15

#13

#14

11 #1

Proposed Order

#11

9 #1

Proposed Order

1 #25

Exhibit Y

1 #20

Exhibit T

1 #18

Exhibit R

1 #16

Exhibit P

1 #15

Exhibit O

1 #14

Exhibit N

1 #10

Exhibit J

1 #2

Exhibit B

#1

42 More Documents Available
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Docket Entries

  • 07/01/2021
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  • Docket(#16) MOTION to Appear Pro Hac Vice by Claudia Wilson Frost (Parth Sagdeo) ( Filing fee $ 100 receipt number 0542-14974592) by on behalf of Micron Semiconductor Products, Inc., Micron Technology Texas, LLC, Micron Technology, Inc.. (Attachments: #1 Proposed Order)(Frost, Claudia) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#15) MOTION to Appear Pro Hac Vice by Claudia Wilson Frost (Margaret Abernathy) ( Filing fee $ 100 receipt number 0542-14974514) by on behalf of Micron Semiconductor Products, Inc., Micron Technology Texas, LLC, Micron Technology, Inc.. (Attachments: #1 Proposed Order)(Frost, Claudia) (Entered: 07/01/2021)

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  • 06/17/2021
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  • Docket(#13) NOTICE of Designation of Lead Counsel by Vervain, LLC (Whitehurst, Alan) (Entered: 06/17/2021)

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  • 06/16/2021
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  • Docket(#14) Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

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  • 06/10/2021
  • DocketReset Deadlines: Micron Semiconductor Products, Inc. answer due 7/9/2021; Micron Technology Texas, LLC answer due 7/9/2021; Micron Technology, Inc. answer due 7/9/2021. (ir) (Entered: 06/11/2021)

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  • 06/10/2021
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  • DocketText Order GRANTING #11 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 06/10/2021)

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  • 06/10/2021
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  • DocketText Order GRANTING #9 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). 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 entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 06/10/2021)

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  • 06/10/2021
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  • DocketText Order GRANTING #8 Motion for Extension of Time to Answer entered by Judge Alan D Albright. The Court, having reviewed and considered the Joint Stipulation to Extend Time to Answer the Complaint, does hereby ORDER that Defendants Micron Technology, Inc., Micron Semiconductor Products, Inc., and Micron Technology Texas, LLC shall answer, move, or otherwiserespond to the Complaint on July 9, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 06/10/2021)

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  • 06/08/2021
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  • Docket(#12) NOTICE of Attorney Appearance by Christopher Paul McNett on behalf of Vervain, LLC . Attorney Christopher Paul McNett added to party Vervain, LLC (pty:pla) (McNett, Christopher) (Entered: 06/08/2021)

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  • 06/03/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by Claudia Wilson Frost (Jared Bobrow) ( Filing fee $ 100 receipt number 0542-14871756) by on behalf of Micron Semiconductor Products, Inc., Micron Technology Texas, LLC, Micron Technology, Inc.. (Attachments: #1 Proposed Order)(Frost, Claudia) (Entered: 06/03/2021)

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2 More Docket Entries
  • 05/27/2021
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  • Docket(#8) Joint MOTION for Extension of Time to File Answer by Micron Semiconductor Products, Inc., Micron Technology Texas, LLC, Micron Technology, Inc.. (Attachments: #1 Proposed Order)(Frost, Claudia) (Entered: 05/27/2021)

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  • 05/10/2021
  • 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: 05/10/2021)

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  • 05/10/2021
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  • Docket(#7) Summons Issued as to Micron Technology Texas, LLC. (lad) (Entered: 05/10/2021)

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  • 05/10/2021
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  • Docket(#6) Summons Issued as to Micron Semiconductor Products, Inc.. (lad) (Entered: 05/10/2021)

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  • 05/10/2021
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  • Docket(#5) Summons Issued as to Micron Technology, Inc.. (lad) (Entered: 05/10/2021)

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  • 05/10/2021
  • 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: 05/10/2021)

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  • 05/10/2021
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  • Docket(#4) RULE 7 DISCLOSURE STATEMENT filed by Vervain, LLC . (Whitehurst, Alan) (Entered: 05/10/2021)

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  • 05/10/2021
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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. (Whitehurst, Alan) (Entered: 05/10/2021)

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  • 05/10/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by Vervain, LLC. for Micron Technology, Inc.; Micron Semiconductor Products, Inc. and Micron Technology Texas, LLC (Whitehurst, Alan) (Entered: 05/10/2021)

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  • 05/10/2021
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  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14785538), filed by Vervain, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Memo in Support M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Civil Cover Sheet)(Whitehurst, Alan) (Entered: 05/10/2021)

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