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This case was last updated from PACER on 05/11/2021 at 11:05:26 (UTC).

VideoShare, LLC v. Facebook, Inc.

Case Summary

On March 12, 2021, VideoShare, LLC (“VideoShare” or “Plaintiff”), represented by Alfonso Garcia Chan, William D. Ellerman and Michael W. Shore of Shore Chan LLP, Charles L. Ainsworth of Parker, Bunt & Ainsworth, P.C. and Mark D. Siegmund of Law Firm of Walt Fair, PLLC, filed an intellectual property lawsuit against Facebook, Inc. (“facebook” or “Defendant”), seeking injunctive relief, damages with pre and post judgement interest and compulsory ongoing royalty for alleged infringement of one or more claims under a patent owned by VideoShare. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding. 

 

Videoshare filed this complaint for facebook’s alleged infringement of one or more claims of US Patent No. 10,362,341 titled “Systems and methods for sharing video with advertisements over a network,” duly and legally issued by the U.S. Patent and Trademark Office on July 23, 2019 to Plaintiff.

 

In the complaint, the Plaintiff alleged that “the ’341 Patent claims a technique for sharing video over a network in which the initially received video file is converted into another format, and the appropriate video file is chosen on the basis of compatibility with the server or client to which the video is to be sent.” 

 

VideoShare therefore alleged that “Facebook’s products and/or services, including those marketed as Facebook Live, Facebook Watch, Instagram, and Facebook’s video streaming service for general user-uploaded content allow users to access video over a structured hierarchical network such that the product and/or service transmits an optimal, pre-converted video file to a user upon a user accessing an associated identification tag based on compatibility with that user’s device in the same manner claimed by the ’341 Patent. The respective product and/or service accomplishes this task by using a server which receives a first video file having some first format by way of the hierarchical network. Then, it automatically converts at least a part of the received first video into a second format or formats, creating a second video file or files from the result. The product and/or service then stores the first and second streaming video file formats on or using the server. Next, it creates an identification tag associated with both the first video file as well as the converted video file or files created from the first.”

 

In the only claim for relief laid down by the Plaintiff, it has been alleged that Defendant has directly infringed and continues to directly infringe at least one claim of the ’341 Patent under 35 U.S.C. § 271(a) by making, using, selling, and/or offering for sale its products and/or services for receiving, converting, and sharing streaming video made by practicing and by performing processes that practice the ’341 Patent as described above.

 

In the prayer for relief, the Plaintiff has requested the court to adjudge that facebook has directly infringed the ‘341 Patent as alleged in the complaint and therefore has requested the court to pass an order for an injunctive relief and to award damages, as provided by 35 U.S.C. § 284, and supplemental damages for any continuing post-verdict infringement, with prejudgment and post judgment interests, a compulsory ongoing royalty and costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00254

  • Filing Date:

    03/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

VideoShare, LLC

Defendant

Facebook, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Mark D. Siegmund

Attorney at Law Firm of Walt Fair, PLLC

1508 North Valley Mills Drive

Waco, TX 76710

Alfonso Garcia Chan

Attorney at Shore Chan LLP

901 Main Street, Suite 3300

Dallas, TX 75202

Michael W. Shore

Attorney at Shore Chan DePumpo 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

William D. Ellerman

Attorney at Shore Chan LLP

901 Main Street, Suite 3300

Dallas, TX 75202

Robert Christopher Bunt

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

100 East Ferguson, Ste. 418

Tyler, TX 75702

Defendant Attorneys

Richard W. Goldstucker

Attorney at Kilpatrick Townsend & Stockton LLP

1100 Peachtree Street Ne, Ste 2800

Atlanta, GA 30309

Edward J. Mayle

Attorney at Kilpatrick Townsend & Stockton LLP

1400 Wewatta Street, Suite 600

Denver, CO 80202

Vaibhav P. Kadaba

Attorney at Kilpatrick Townsend & Stockton LLP

1100 Peachtree Street Ne

Atlanta, GA 30309-4528

Kasey Koballa

Attorney at Kilpatrick Townsend & Stockton, LLP

4208 Six Forks Rd. Suite 1400

Raleigh, NC 27609

Mansi H. Shah

Attorney at Kilpatrick Townsend & Stockton Llp

1080 Marsh Road

Menlo Park, CA 94025

Paige Arnette Amstutz

Attorney at Scott, Douglass & McConnico, LLP

303 Colorado Street, Suite 2400

Austin, TX 78701

 

Court Documents

15 #1

Proposed Order

#15

(#15) MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Vaibhav P. Kadaba ( Filing fee $ 100 receipt number 0542-14730872) by on behalf of Facebook, Inc.. (Attachments: #1 Proposed Order)(Amstutz, Paige) (Entered: 04/23/2021)

14 #1

Proposed Order

#14

(#14) MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Richard W. Goldstucker ( Filing fee $ 100 receipt number 0542-14730854) by on behalf of Facebook, Inc.. (Attachments: #1 Proposed Order)(Amstutz, Paige) (Entered: 04/23/2021)

13 #1

Proposed Order

#13

(#13) MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Kasey Koballa ( Filing fee $ 100 receipt number 0542-14730837) by on behalf of Facebook, Inc.. (Attachments: #1 Proposed Order)(Amstutz, Paige) (Entered: 04/23/2021)

12 #1

Proposed Order

#12

(#12) MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Mansi H. Shah ( Filing fee $ 100 receipt number 0542-14730826) by on behalf of Facebook, Inc.. (Attachments: #1 Proposed Order)(Amstutz, Paige) (Entered: 04/23/2021)

#11

(#11) MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Edward J. Mayle ( Filing fee $ 100 receipt number 0542-14730804) by on behalf of Facebook, Inc.. (Attachments: #1 Proposed Order)(Amstutz, Paige) (Entered: 04/23/2021)

#7

(#7) SUMMONS Returned Executed by VideoShare, LLC. Facebook, Inc. served on 3/15/2021, answer due 4/5/2021. (Ainsworth, Charles) (Entered: 03/16/2021)

#6

(#6) Summons Issued as to Facebook, Inc.. (am) (Entered: 03/12/2021)

#5

(#5) Summons Issued as to Facebook, Inc.. (am) (Entered: 03/12/2021)

#4

(#4) REQUEST FOR ISSUANCE OF SUMMONS by VideoShare, LLC. (Ainsworth, Charles) (Entered: 03/12/2021)

#3

(#3) RULE 7 DISCLOSURE STATEMENT filed by VideoShare, LLC. (Ainsworth, Charles) (Entered: 03/12/2021)

#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: 03/12/2021)

1 #2

Exhibit A

1 #1

Civil Cover Sheet

#1

(#8) Opposed MOTION for Extension of Time to File Answer re #1 Complaint Opposed Motion for 45-Day Extension of Time or, in the Alternative, Unopposed Motion for 30-Day Extension of Time for Defendant Facebook, Inc. to Answer or Otherwise Respond by Facebook, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order for 45-day Extension, #3 Proposed Order for 30-day Extension)(Amstutz, Paige) (Entered: 04/05/2021)

22 More Documents Available
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Docket Entries

  • 05/06/2021
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  • DocketText Order GRANTING #15 Motion to Appear Pro Hac Vice for Attorney Vaibhav P. Kadaba for Facebook, Inc. 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.) (mm6) (Entered: 05/06/2021)

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  • 05/06/2021
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  • DocketText Order GRANTING #14 Motion to Appear Pro Hac Vice for Attorney Richard W. Goldstucker for Facebook, Inc. 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.) (mm6) (Entered: 05/06/2021)

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  • 05/06/2021
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  • DocketText Order GRANTING #13 Motion to Appear Pro Hac Vice for Attorney Kasey Koballa for Facebook, Inc. 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.) (mm6) (Entered: 05/06/2021)

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  • 05/06/2021
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  • DocketText Order GRANTING #12 Motion to Appear Pro Hac Vice for Attorney Mansi H. Shah for Facebook, Inc. 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.) (mm6) (Entered: 05/06/2021)

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  • 04/28/2021
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  • DocketText Order GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Edward J. Mayle for Facebook, Inc. 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.) (mm6) (Entered: 04/28/2021)

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  • 04/23/2021
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  • Docket(#15) MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Vaibhav P. Kadaba ( Filing fee $ 100 receipt number 0542-14730872) by on behalf of Facebook, Inc.. (Attachments: #1 Proposed Order)(Amstutz, Paige) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#14) MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Richard W. Goldstucker ( Filing fee $ 100 receipt number 0542-14730854) by on behalf of Facebook, Inc.. (Attachments: #1 Proposed Order)(Amstutz, Paige) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#13) MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Kasey Koballa ( Filing fee $ 100 receipt number 0542-14730837) by on behalf of Facebook, Inc.. (Attachments: #1 Proposed Order)(Amstutz, Paige) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#12) MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Mansi H. Shah ( Filing fee $ 100 receipt number 0542-14730826) by on behalf of Facebook, Inc.. (Attachments: #1 Proposed Order)(Amstutz, Paige) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by Paige Arnette Amstutz for Edward J. Mayle ( Filing fee $ 100 receipt number 0542-14730804) by on behalf of Facebook, Inc.. (Attachments: #1 Proposed Order)(Amstutz, Paige) (Entered: 04/23/2021)

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4 More Docket Entries
  • 04/05/2021
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  • Docket(#8) Opposed MOTION for Extension of Time to File Answer re #1 Complaint Opposed Motion for 45-Day Extension of Time or, in the Alternative, Unopposed Motion for 30-Day Extension of Time for Defendant Facebook, Inc. to Answer or Otherwise Respond by Facebook, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order for 45-day Extension, #3 Proposed Order for 30-day Extension)(Amstutz, Paige) (Entered: 04/05/2021)

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  • 03/16/2021
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  • Docket(#7) SUMMONS Returned Executed by VideoShare, LLC. Facebook, Inc. served on 3/15/2021, answer due 4/5/2021. (Ainsworth, Charles) (Entered: 03/16/2021)

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  • 03/12/2021
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  • Docket(#6) Summons Issued as to Facebook, Inc.. (am) (Entered: 03/12/2021)

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  • 03/12/2021
  • 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. (am) (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#5) Summons Issued as to Facebook, Inc.. (am) (Entered: 03/12/2021)

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  • 03/12/2021
  • DocketAll parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (am) (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by VideoShare, LLC. (Ainsworth, Charles) (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by VideoShare, LLC. (Ainsworth, Charles) (Entered: 03/12/2021)

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  • 03/12/2021
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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: 03/12/2021)

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  • 03/12/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14587590), filed by VideoShare, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(Ainsworth, Charles) (Entered: 03/12/2021)

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