This case was last updated from PACER on 08/24/2021 at 10:25:40 (UTC).

VOIP-PAL.COM, INC. v. AMAZON.COM, INC. et al

Case Summary

On June 25, 2021, VoIP-Pal.com, Inc. (“Plaintiff” or “VoIP-Pal”) represented by Lewis E. Hudnell of Hudnell Law Group P.C., filed an intellectual property lawsuit against Google, LLC (“Defendant” or “Google”), seeking injunctive relief, actual and supplemental damages along with compulsory ongoing license fee for alleged infringement of patented technology relating to mobile gateway owned by Plaintiff. This case is filed in the U.S. District Court in the Western District of Texas with Judge Alan D Albright presiding. 

 

The Plaintiff filed this complaint for the alleged infringement of United States Patent which generally relates to development in the internet protocol communications field: United State Patents No. 8,630,234 (the “’234 patent”), United States Patent No. 10,880,721 (the “’721 patent”), (collectively, referred to as the “Patents-in-suit”) owned by them.

 

In the complaint, the Plaintiff alleged that “Google, either alone or in conjunction with others, has infringed and continues to infringe, both directly and indirectly, one or more claims of the ’234 patent, including at least exemplary claim 20, under 35 U.S.C. § 271, either literally and/or under the doctrine of equivalents, by making, using, offering to sell, selling, and/or importing into the United States at least certain methods, apparatuses, products and services used for communication, including, without limitation, the Accused Instrumentalities.”

 

Further, the Plaintiff alleged that “Despite its knowledge and notice of the ’234 patent as of at least the filing of this Complaint, Google has continued to make, use, sell, offer to sell, and/or import the Accused Instrumentalities in the United States in a manner that infringes the ’234 patent. Google knew or should have known that its actions constituted infringement of the ’234 patent. Upon information and belief, Google has failed to take adequate steps to avoid infringing the ʼ234 patent, despite having been on notice of and lacking permission to practice the ʼ234 patent.”

 

Similar allegations have been made by the Plaintiff with reference to the infringement of other Patent-in-suit. 

 

There are two claims for relief laid down by the Plaintiff. The first is for the alleged infringement of Patents-in-suit, wherein the Plaintiff has alleged that as a result of Defendant’s infringement, Defendant have damaged VOIP-Pal. The second claim is that VOIP-Pal is entitled to monetary damages.

In the prayer for relief, the Plaintiff has requested the Court to pass a judgment that Defendant have infringed, either literally and/or under the doctrine of equivalents the Patents-in-suit and to pass an order for an injunctive relief against Defendant from from directly infringing the patents-in-suit for the full term of the patents-in-suit. The Plaintiff further requested the Court to award damages under 35 U.S.C. § 284 including past damages but in no event less than a reasonable royalty, and to award supplemental damages for any continuing post-verdict infringement along with prejudgment and post judgment interests. Further, the Plaintiff requested the Court for an award of a compulsory ongoing licensing fee.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00668

  • Filing Date:

    06/25/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

VOIP-PAL.COM, INC.

Defendants

AMAZON.COM. INC.

AMAZON.COM, INC., AMAZON WEB SERVICES, INC.

Amazon.com Services LLC

Amazon Web Services, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Nicolas Spiros Gikkas

Attorney at The Gikkas Law Firm,A Professional Corporation

530 Lytton Avenue, 2Nd Floor

Palo Alto, CA 94301

Lewis E. Hudnell, III

Attorney at Hudnell Law Group P.C.

800 W. El Camino Real, Suite 180

Mountain View, CA 94040

Defendant Attorneys

M. Craig Tyler

Attorney at Perkins Coie LLP

500 W. 2Nd Street, Suite 1900

Austin, TX 78701

Daniel T. Shvodian

Attorney at Perkins Coie LLP

3150 Porter Drive

Palo Alto, CA 94304

 

Court Documents

17 #12

Exhibit 11

17 #8

Exhibit 7

17 #7

Exhibit 6

17 #6

Exhibit 5

17 #4

Exhibit 3

17 #1

Affidavit of Lewis E. Hudnell, III

16 #6

Proposed Order

16 #5

Exhibit D

16 #2

Exhibit A

#4

(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Hudnell, Lewis) (Entered: 06/25/2021)

#3

(#3) RULE 7 DISCLOSURE STATEMENT filed by VOIP-PAL.COM, INC.. (Hudnell, Lewis) (Entered: 06/25/2021)

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by VOIP-PAL.COM, INC.. (Hudnell, Lewis) (Entered: 06/25/2021)

1 #5

Exhibit 4 to Complaint

1 #4

Exhibit 3 to Complaint

1 #3

Exhibit 2 - to Complaint - US Patent No. 10,880,721

1 #2

Exhibit 1 - to Complaint - US Patent No. 8,630,234

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14956778). No Summons requested at this time, filed by VOIP-PAL.COM, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - to Complaint - US Patent No. 8,630,234, #3 Exhibit 2 - to Complaint - US Patent No. 10,880,721, #4 Exhibit 3 to Complaint, #5 Exhibit 4 to Complaint)(Hudnell, Lewis) (Main Document 1 replaced on 7/1/2021) (lad). (Entered: 06/25/2021)

34 More Documents Available
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Docket Entries

  • 08/19/2021
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  • Docket(#17) Response in Opposition to Motion, filed by VOIP-PAL.COM, INC., re #16 Opposed MOTION to Stay Case filed by Defendant Amazon.com Services LLC, Defendant Amazon Web Services, Inc., Defendant AMAZON.COM. INC. (Attachments: #1 Affidavit of Lewis E. Hudnell, III, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Proposed Order)(Hudnell, Lewis) (Entered: 08/19/2021)

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  • 08/12/2021
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  • Docket(#16) Opposed MOTION to Stay Case by AMAZON.COM. INC., Amazon Web Services, Inc., Amazon.com Services LLC. (Attachments: #1 Affidavit Declaration of Robert W. Unikel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Shvodian, Daniel) (Entered: 08/12/2021)

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  • 08/11/2021
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  • DocketText Order GRANTING #15 Motion to Appear Pro Hac Vice for Attorney Daniel T. Shvodian for AMAZON.COM. INC., Amazon Web Services, Inc., and for Amazon.com Services LLC. 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.) (jc5) (Entered: 08/11/2021)

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  • 08/11/2021
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  • Docket(#15) MOTION to Appear Pro Hac Vice by Daniel T. Shvodian ( Filing fee $ 100 receipt number 0542-15106184) by on behalf of AMAZON.COM. INC., Amazon Web Services, Inc., Amazon.com Services LLC. (Shvodian, Daniel) (Entered: 08/11/2021)

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  • 08/11/2021
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  • Docket(#14) NOTICE of Attorney Appearance by M. Craig Tyler on behalf of AMAZON.COM. INC., Amazon Web Services, Inc., Amazon.com Services LLC. Attorney M. Craig Tyler added to party AMAZON.COM. INC.(pty:dft), Attorney M. Craig Tyler added to party Amazon Web Services, Inc.(pty:dft), Attorney M. Craig Tyler added to party Amazon.com Services LLC(pty:dft) (Tyler, M.) (Entered: 08/11/2021)

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  • 07/01/2021
  • DocketWAIVER OF SERVICE Returned Executed by VOIP-PAL.COM, INC. as to AMAZON.COM. INC.. Waiver sent on 6/28/2021, answer due 8/27/2021; Amazon Web Services, Inc.. Waiver sent on 6/28/2021, answer due 8/27/2021; Amazon.com Services LLC. Waiver sent on 6/28/2021, answer due 8/27/2021. (lad) (Entered: 07/02/2021)

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  • 07/01/2021
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  • Docket(#13) SUMMONS Returned Executed by VOIP-PAL.COM, INC.. AMAZON.COM. INC. served on 6/28/2021, answer due 7/19/2021. (Hudnell, Lewis) Corrected with waiver entry on 7/2/2021 (lad). (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#12) SUMMONS Returned Executed by VOIP-PAL.COM, INC.. Amazon Web Services, Inc. served on 6/28/2021, answer due 7/19/2021. (Hudnell, Lewis) Corrected with waiver entry on 7/2/2021 (lad). (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#11) SUMMONS Returned Executed by VOIP-PAL.COM, INC.. Amazon.com Services LLC served on 6/28/2021, answer due 7/19/2021. (Hudnell, Lewis) Corrected with waiver entry on 7/2/2021 (lad). (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#10) NOTICE of Attorney Appearance by Nicolas Spiros Gikkas on behalf of VOIP-PAL.COM, INC. (Gikkas, Nicolas) (Entered: 07/01/2021)

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2 More Docket Entries
  • 07/01/2021
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  • Docket(#7) Summons Issued as to AMAZON.COM. INC.. (lad) (Entered: 07/01/2021)

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  • 07/01/2021
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  • DocketText Order GRANTING #5 Motion to Substitute entered by Judge Alan D Albright. Came on for consideration is Plaintiff's Motion. Noting that it is unopposed the Court GRANTS the Motion.(This is a text-only entry generated by the court. There is no document associated with this entry.) (hs) (Entered: 07/01/2021)

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  • 06/28/2021
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  • Docket(#6) ATTACHMENT Replacement Complaint to #5 Unopposed MOTION to Substitute Replacement Complaint by VOIP-PAL.COM, INC.. (Hudnell, Lewis) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#5) Unopposed MOTION to Substitute Replacement Complaint by VOIP-PAL.COM, INC.. (Attachments: #1 Proposed Order)(Hudnell, Lewis) (Entered: 06/28/2021)

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  • 06/28/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/28/2021)

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  • 06/25/2021
  • 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: 06/29/2021)

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  • 06/25/2021
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  • Docket(#4) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Hudnell, Lewis) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by VOIP-PAL.COM, INC.. (Hudnell, Lewis) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by VOIP-PAL.COM, INC.. (Hudnell, Lewis) (Entered: 06/25/2021)

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  • 06/25/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14956778). No Summons requested at this time, filed by VOIP-PAL.COM, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - to Complaint - US Patent No. 8,630,234, #3 Exhibit 2 - to Complaint - US Patent No. 10,880,721, #4 Exhibit 3 to Complaint, #5 Exhibit 4 to Complaint)(Hudnell, Lewis) (Main Document 1 replaced on 7/1/2021) (lad). (Entered: 06/25/2021)

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