This case was last updated from PACER on 10/19/2021 at 08:45:54 (UTC).

WAG ACQUISITION, L.L.C. v. Netflix, Inc.

Case Summary

On October 18, 2021, WAG Acquisition, L.L.C. (“WAG” or “Plaintiff”), represented by Brandon Rhodes Oates of Haley & Olson, P.C. and Gina Kyungjin Kim of Liston Abramson LLP, filed an intellectual property lawsuit against Netflix Inc. (“Netflix” or “Defendant”), seeking damages, attorney’s fee, costs, and other relief for the alleged infringement of the United States Patents owned by Plaintiff. This case was filed in the United States District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

This complaint arises from Defendants’ alleged unlawful infringement of the United States patent owned by Plaintiff: United States Patent No. 9,742,824 (the “’824 patent”) and United States Patent No. 9,729,594 (the “’594 patent”) (referred to as the “Patent-in-Suit”).

 

In the complaint, Plaintiff alleged that, “Defendant has infringed the ’824 patent under 35 U.S.C. §â€¯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 Netflix Video Services have taken advantage of Plaintiff’s improved technology as claimed in the ’824 patent, throughout the term of the ’824 patent.”

 

Plaintiff also alleged that, “Netflix also makes and uses 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. By performing the above-described processes, and making and using the above-described systems and computer program products, Netflix has thereby infringed one or more claims of the ’824 patent during its term, in the United States.”

 

Further, Plaintiff alleged that, “Defendant has infringed the ’594 patent under 35 U.S.C. § 271(a) by making and using computer recorded media for a streaming media player 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 Netflix Video Services has taken advantage of Plaintiff’s improved technology as claimed in the ’594 patent, throughout the term of the ’594 patent.” And that, “Defendant, by making and using the systems and computer program products described above, has thereby infringed one or more claims of the ’594 patent, during its term, in the United States.”

 

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

 

In the prayer for relief, Plaintiff has requested the court to pass a judgment declaring that Defendant has infringed one or more claims of United States Patent Nos. 9,742,824 and 9,729,594 along with an award of damages, costs, and expenses. Further, Plaintiff requested the court for a judgment awarding attorneys’ fees and costs or other damages pursuant to 35 U.S.C. §§ 284 or 285 and further 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-01083

  • Filing Date:

    10/18/2021

  • 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.

Defendant

Netflix, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Gina Kyungjin Kim

Attorney at Liston Abramson LLP

405 Lexington Ave, 46Th Floor

New York, NY 10174

Brandon Rhodes Oates

Attorney at Haley & Olson, P.C.

Po Box 21147

Waco, TX 76702

 

Court Documents

#11

#10

#9

8 #2

Exhibit Exhibit B

8 #1

Exhibit Exhibit A

#8

#7

#6

#5

#4

#3

#2

1 #3

Civil Cover Sheet Civil Cover Sheet

1 #2

Exhibit Exhibit B

1 #1

Exhibit Exhibit A

#1

6 More Documents Available
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Docket Entries

  • 10/18/2021
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  • Docket(#11) Summons Issued as to Netflix, Inc. Dallas address (ir) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#10) REQUEST FOR ISSUANCE OF SUMMONS by WAG ACQUISITION, L.L.C.. (Oates, Brandon) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#9) 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) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#8) AMENDED COMPLAINT against Netflix, Inc. amending, filed by WAG ACQUISITION, L.L.C.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Oates, Brandon) (Entered: 10/18/2021)

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  • 10/18/2021
  • 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: 10/18/2021)

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  • 10/18/2021
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  • Docket(#7) Summons Issued as to Netflix, Inc., Austin address. (lad) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#6) Summons Issued as to Netflix, Inc.. (lad) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#5) Pro Hac Vice Letter to WAG ACQUISITION, L.L.C. of counsel. (lad) (Entered: 10/18/2021)

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  • 10/18/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by WAG ACQUISITION, L.L.C.. (Oates, Brandon) (Entered: 10/18/2021)

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  • 10/18/2021
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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) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#2) RULE 7 DISCLOSURE STATEMENT filed by WAG ACQUISITION, L.L.C. identifying Corporate Parent WAG ACQUISITION, L.L.C. for WAG ACQUISITION, L.L.C.. (Oates, Brandon) (Entered: 10/18/2021)

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  • 10/18/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15344853). No Summons requested at this time, filed by WAG ACQUISITION, L.L.C.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet)(Oates, Brandon) (Entered: 10/18/2021)

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