This case was last updated from PACER on 08/21/2021 at 09:04:49 (UTC).

XR COMMUNICATIONS, LLC v. DELL TECHNOLOGIES INC. et al.

Case Summary

On June 16, 2021, XR Communications LLC d/b/a Vivato Technologies (“Vivato” or “Plaintiff”) represented by their attorney, Reza Mirzaie, filed a patent infringement suit against Netgear, Inc. (“Netgear” or “Defendant”). This complaint arises from Defendants’ alleged unlawful infringement of the following United States patents owned by Vivato, each of which generally relate to wireless communications technology. This case is filed in U.S. District Court in the Central District of California with Judge Alan D. Albright presiding

 

This complaint arises from Defendants’ alleged unlawful infringement of the following United States patent owned by Vivato, which generally relates to wireless communications technology: United States Patent No. 10,715,235 (the “’235 Patent”) (the “Asserted Patent”).

 

In the complaint, the Plaintiff alleged that, “Defendants have directly infringed and continue to directly infringe numerous claims of the ’235 Patent, including at least claim 8, by manufacturing, using, selling, offering to sell, and/or importing into the United States certain products supporting MIMO and/or MU-MIMO technologies”.

 

The Plaintiff also alleged that, “Each ’235 Accused Product performs a method for use in a wireless communications system, the method comprising receiving a first signal transmission from a remote station via a first antenna element of an antenna and a second signal transmission from the remote station via a second antenna element of the antenna simultaneously, wherein the first signal transmission and the second signal transmission comprise electromagnetic signals comprising one or more transmission peaks and one or more transmission nulls.”

 

Further, the Plaintiff alleged that, “By making, using, offering for sale, selling and/or importing into the United States the ’235 Accused Products, Defendants have injured Vivato and is liable for infringement of the ’235 Patent pursuant to 35 U.S.C. § 271.” 

 

There is only one claim for relief laid down by the Plaintiff which is for the alleged infringement of Asserted Patent wherein the Plaintiff has alleged that as a result of Defendant’s infringement of the ’235 Patent, Defendants have damaged Vivato, and Vivato is entitled to monetary damages in an amount to be determined at trial that is adequate to compensate for Defendants’ infringement, but in no event less than a reasonable royalty for the use made of the invention by Defendants, together with interest and costs as fixed by the Court.

 

In its prayer for relief, the Plaintiff has requested the court to pass a judgment that Defendant has infringed, either literally and/or under the doctrine of equivalents the ’235 patent and to pass an order for an injunctive relief along with an award of damages, costs, expenses, and pre-judgment and post-judgment interest for Defendants’ infringement of the ’235 patent. Further, the Plaintiff requested the court to pass a judgment and order requiring Defendants to provide an accounting and to pay supplemental damages to Vivato, including without limitation, pre-judgment and post-judgment interest and an award of an ongoing royalty for Defendants’ post-judgment infringement along with costs against Defendants, and enhanced damages pursuant to 35 U.S.C. § 284.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00646

  • Filing Date:

    06/22/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiffs

XR COMMUNICATIONS, LLC, dba VIVATO TECHNOLOGIES,

XR COMMUNICATIONS, LLC doing business as Vivato Technologies

Defendants

DELL TECHNOLOGIES INC. AND DELL INC.

Dell Technologies Inc.

Dell Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Reza Mirzaie

Attorney at Russ August & Kabat

12424 Wilshire Blvd., 12Th Floor

Los Angeles, CA 90025

James N. Pickens

Attorney at Russ August & Kabat

12424 Wilshire Blvd, 12Th Floor

Los Angeles, CA 90025

Paul A. Kroeger

Attorney at Russ August & Kabat

12424 Wilshire Blvd., 12Th Floor

Los Angeles, CA 90025

Philip X. Wang

Attorney at Russ August & Kabat

12424 Wilshire Blvd., 12Th Floor

Los Angeles, CA 90025

Defendant Attorneys

Michael J Newton

Attorney at Alston & Bird LLP

2200 Ross Avenue, Suite 2300

Dallas, TX 75201

Brady Randall Cox

Attorney at Alston & Bird, LLP - Dallas

2200 Ross Avenue, Suite 2300

Dallas, TX 75201

Lauren N. Griffin

Attorney at Alston & Bird LLP

101 S. Tryon Street, Suite 4000

Charlotte, NC 28280

 

Court Documents

#1

#13

#12

#11

10 #1

Proposed Order

#10

#9

#8

#7

#6

#5

#4

#3

#2

1 #2

Civil Cover Sheet

1 #1

Exhibit

6 More Documents Available
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Docket Entries

  • 08/14/2021
  • DocketReset Deadlines: Dell Inc. answer due 8/30/2021; Dell Technologies Inc. answer due 8/30/2021. (ls) (Entered: 08/16/2021)

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  • 08/14/2021
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  • DocketText Order GRANTING #10 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Defendants' deadline to respond to the Complaint is extended to and including August 30, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 08/14/2021)

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  • 07/15/2021
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  • Docket(#13) NOTICE of Attorney Appearance by Lauren N. Griffin on behalf of Dell Inc., Dell Technologies Inc.. Attorney Lauren N. Griffin added to party Dell Inc.(pty:dft), Attorney Lauren N. Griffin added to party Dell Technologies Inc.(pty:dft) (Griffin, Lauren) (Entered: 07/15/2021)

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  • 07/15/2021
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  • Docket(#12) NOTICE of Attorney Appearance by Brady Randall Cox on behalf of Dell Inc., Dell Technologies Inc.. Attorney Brady Randall Cox added to party Dell Inc.(pty:dft), Attorney Brady Randall Cox added to party Dell Technologies Inc.(pty:dft) (Cox, Brady) (Entered: 07/15/2021)

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  • 07/15/2021
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  • Docket(#11) NOTICE of Attorney Appearance by Michael J Newton on behalf of Dell Inc., Dell Technologies Inc.. Attorney Michael J Newton added to party Dell Inc.(pty:dft), Attorney Michael J Newton added to party Dell Technologies Inc.(pty:dft) (Newton, Michael) (Entered: 07/15/2021)

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  • 07/15/2021
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  • Docket(#10) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Dell Inc., Dell Technologies Inc.. (Attachments: #1 Proposed Order)(Newton, Michael) (Entered: 07/15/2021)

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  • 07/09/2021
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  • Docket(#9) SUMMONS Returned Executed by XR COMMUNICATIONS, LLC. Dell Technologies Inc. served on 6/25/2021, answer due 7/16/2021. (Mirzaie, Reza) (Entered: 07/09/2021)

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  • 07/09/2021
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  • Docket(#8) SUMMONS Returned Executed by XR COMMUNICATIONS, LLC. Dell Inc. served on 6/25/2021, answer due 7/16/2021. (Mirzaie, Reza) (Entered: 07/09/2021)

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  • 06/24/2021
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  • Docket(#7) NOTICE of Related Cases by XR COMMUNICATIONS, LLC re #1 Complaint (Mirzaie, Reza) (Entered: 06/24/2021)

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  • 06/23/2021
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  • Docket(#6) Summons Issued as to Dell Technologies Inc.. (lad) (Entered: 06/23/2021)

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  • 06/23/2021
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  • Docket(#5) Summons Issued as to Dell Inc.. (lad) (Entered: 06/23/2021)

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  • 06/23/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/23/2021)

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  • 06/22/2021
  • 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: 06/23/2021)

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  • 06/22/2021
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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. (Mirzaie, Reza) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by XR COMMUNICATIONS, LLC, dba VIVATO TECHNOLOGIES,. (Mirzaie, Reza) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by XR COMMUNICATIONS, LLC, dba VIVATO TECHNOLOGIES,. (Mirzaie, Reza) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14941670), filed by XR COMMUNICATIONS, LLC, dba VIVATO TECHNOLOGIES,. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 06/22/2021)

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