This case was last updated from PACER on 10/05/2021 at 08:29:42 (UTC).

WAG ACQUISITION, L.L.C. v. Amazon.com, Inc. et al

Case Summary

On August 6, 2021, WAG Acquisition, L.L.C., (“Plaintiff”), represented by Brandon Rhodes Oates of Haley & Olson, P.C., filed an intellectual property lawsuit against Amazon.com, Inc., Amazon Web Services, Inc., (“AWS”) and Amazon.com Services, L.L.C. (collectively, “Defendants”), seeking declaratory relief, damages and attorneys’ fees and costs pursuant to 35 U.S.C. § 285 for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in the United States District Court in the Western District of Texas.

 

The Plaintiff filed the complaint for the alleged infringement of the United States patent which generally relates to technological solutions to two problems that SurferNETWORK perceived in the early streaming media implementations that characterized the prior art: U.S. Patent No. 9,742,824 (the “’824 patent”); U.S. Patent No. 9,729,594 (the “’594 patent”); U.S. Patent No. 9,762,636 (the “’636 patent”) (collectively referred to as, “Patents-in-suit”).

 

In the complaint, the Plaintiff alleged that, “Defendants have each infringed the ’824 patent under 35 U.S.C. § 271(a) by making and using server systems in accordance with one or more claims thereof, without authorization and in the United States, by conduct as hereinafter more particularly alleged. In particular, the Amazon Streaming Services has taken advantage of Plaintiff’s improved technology as claimed in the ’824 patent, from and before the date that patent issued through the remainder of its term.”

 

The Plaintiff also alleged that, “Defendants also make and use systems that incorporate and execute instructions that carry out the foregoing streaming media distribution, as well as computer-readable media (computer program products) that incorporate such instructions.”

 

Further, the Plaintiff alleged that, “Defendants, by performing the above-described processes, and making and using the above-described systems and computer program products, have each thereby infringed one or more claims of the ’824 patent during its term, in the United States.”

 

Similar claims have been made by the Plaintiff with reference to the alleged infringement of other Patents-in-suit. 

 

There are three claims for relief laid down by the Plaintiff, one for the alleged infringement of each Patents-in-suit.

 

In the prayer for relief, the Plaintiff has requested the Court to pass an order declaring that each Defendant has infringed one of more claims of United States Patent Nos. 9,742,824; 9,729,594; and 9,762,636, with an award of damages and an award to the Plaintiff of their attorneys’ fees, costs, or other damages pursuant to 35 U.S.C. §§ 284 or 285 or as otherwise permitted by law, jointly and severally against the Defendants together with costs of litigation. 

 

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Case Details Parties Dockets

 

Case Details

  • Case Number:

    6:21-CV-00815

  • Filing Date:

    08/06/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

WAG ACQUISITION, L.L.C.

Defendants

Amazon.com, Inc.

Amazon Web Services, Inc.

Amazon.com Services LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Brandon Rhodes Oates

Attorney at Haley & Olson, P.C.

Po Box 21147

Waco, TX 76702

Gina Kyungjin Kim

Attorney at Liston Abramson LLP

405 Lexington Ave, 46Th Floor

New York, NY 10174

Alex G. Patchen

Attorney at Liston Abramson LLP

The Chrysler Building, 405 Lexington Avenue, 46Th Floor

New York, NY 10174

Ari Jason Jaffess

Attorney at Liston Abramson LLP

Chrysler Building, 405 Lexington Avenue, 46Th Floor

New York, NY 10174

David G. Liston

Attorney at Liston Abramson LLP

405 Lexington Avenue, 46Th Floor

New York, NY 10174

Mord Michael Lewis

Attorney at Liston Abramson LLP

405 Lexington Avenee, 46Th Floor

New York, NY 10010

Ronald Abramson

Attorney at Liston Abramson LLP

405 Lexington Avenue, 46Th Floor

New York, NY 10174

Defendant Attorneys

Barry K. Shelton

Attorney at Shelton Coburn LLP

311 Rr 620 S, Suite 205

Austin, TX 78734-4775

Deron R Dacus

Attorney at The Dacus Firm, P.C.

821 Ese Loop 323, Suite 430

Tyler, TX 75701

 

Docket Entries

  • 09/17/2021
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  • Docket(#19) NOTICE of Attorney Appearance by Deron R Dacus on behalf of Amazon Web Services, Inc., Amazon.com Services LLC, Amazon.com, Inc.. Attorney Deron R Dacus added to party Amazon Web Services, Inc.(pty:dft), Attorney Deron R Dacus added to party Amazon.com Services LLC(pty:dft), Attorney Deron R Dacus added to party Amazon.com, Inc.(pty:dft) (Dacus, Deron) (Entered: 09/17/2021)

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  • 09/02/2021
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  • Docket(#18) SUMMONS Returned Executed by WAG ACQUISITION, L.L.C.. Amazon Web Services, Inc. served on 8/26/2021, answer due 11/1/2021. (Oates, Brandon) (Entered: 09/02/2021)

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  • 09/02/2021
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  • Docket(#17) SUMMONS Returned Executed by WAG ACQUISITION, L.L.C.. Amazon.com Services LLC served on 8/26/2021, answer due 11/1/2021. (Oates, Brandon) (Entered: 09/02/2021)

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  • 09/02/2021
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  • Docket(#16) SUMMONS Returned Executed by WAG ACQUISITION, L.L.C.. Amazon.com, Inc. served on 8/25/2021, answer due 11/1/2021. (Oates, Brandon) (Entered: 09/02/2021)

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  • 08/31/2021
  • DocketSet/Reset Deadlines: Amazon Web Services, Inc. answer due 11/1/2021; Amazon.com Services LLC answer due 11/1/2021; Amazon.com, Inc. answer due 11/1/2021. (lad) (Entered: 08/31/2021)

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  • 08/31/2021
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  • Docket(#15) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Amazon Web Services, Inc., Amazon.com Services LLC, Amazon.com, Inc.. (Attachments: #1 Proposed Order)(Shelton, Barry) Extended on 8/31/2021 (lad). (Entered: 08/31/2021)

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  • 08/23/2021
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  • Docket(#14) NOTICE of Attorney Appearance by Barry K. Shelton on behalf of Amazon Web Services, Inc., Amazon.com Services LLC, Amazon.com, Inc.. Attorney Barry K. Shelton added to party Amazon Web Services, Inc.(pty:dft), Attorney Barry K. Shelton added to party Amazon.com Services LLC(pty:dft), Attorney Barry K. Shelton added to party Amazon.com, Inc.(pty:dft) (Shelton, Barry) (Entered: 08/23/2021)

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  • 08/10/2021
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  • Docket(#13) Summons Issued as to Amazon.com Services LLC. (ir) (Entered: 08/10/2021)

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  • 08/10/2021
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  • Docket(#12) Summons Issued as to Amazon Web Services, Inc. (ir) (Entered: 08/10/2021)

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  • 08/10/2021
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  • Docket(#11) Summons Issued as to Amazon.com, Inc. (ir) (Entered: 08/10/2021)

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8 More Docket Entries
  • 08/09/2021
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  • Docket(#7) MOTION to Appear Pro Hac Vice by Brandon Rhodes Oates Ari J. Jaffess ( Filing fee $ 100 receipt number 0542-15098149) by on behalf of WAG ACQUISITION, L.L.C.. (Attachments: #1 Proposed Order Proposed Order)(Oates, Brandon) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#6) MOTION to Appear Pro Hac Vice by Brandon Rhodes Oates Mord Michael Lewis ( Filing fee $ 100 receipt number 0542-15098124) by on behalf of WAG ACQUISITION, L.L.C.. (Attachments: #1 Proposed Order Proposed Order)(Oates, Brandon) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#5) MOTION to Appear Pro Hac Vice by Brandon Rhodes Oates Ronald Abramson ( Filing fee $ 100 receipt number 0542-15098048) by on behalf of WAG ACQUISITION, L.L.C.. (Attachments: #1 Proposed Order Proposed Order)(Oates, Brandon) (Entered: 08/09/2021)

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  • 08/06/2021
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  • Docket(#4) Pro Hac Vice Letter for Ronald Abramson, David G. Liston, Ari J. Jaffess, Alex G. Patchen, and M. Michael Lewis. (ir) (Entered: 08/09/2021)

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  • 08/06/2021
  • 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. (ir) (Entered: 08/09/2021)

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  • 08/06/2021
  • DocketAll parties shall flatten all documents before e-filing. All parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/ (Entered: 08/09/2021)

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  • 08/06/2021
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  • DocketDocument #3 was not flattened. Please notice that all documents are required to be flattened upon filing. The US Clerk's Office will flatten any document needed prior but all parties MUST flatten documents going forward. Contact the Clerk's Office for any questions. (Entered: 08/09/2021)

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  • 08/06/2021
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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. (Oates, Brandon) (Main Document 3 replaced on 8/9/2021) (ir). (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#2) RULE 7 DISCLOSURE STATEMENT filed by WAG ACQUISITION, L.L.C.. (Oates, Brandon) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15092511). No Summons requested at this time, filed by WAG ACQUISITION, L.L.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Oates, Brandon) (Entered: 08/06/2021)

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