This case was last updated from PACER on 08/15/2021 at 09:48:40 (UTC).

XR Communications LLC v. Amazon.com, Inc. et al

Case Summary

On June 16, 2021, XR Communications LLC d/b/a Vivato Technologies (“Plaintiff” or “Vivato”), represented by Christian W. Conkle, Minna Y. Chan, Paul A. Kroeger, Philip X. Wang and Reza Mirzaie of Russ August & Kabat, filed an intellectual property lawsuit against Amazon.com, Inc., Amazon.com Services LLC, and eero LLC (“Defendants”), seeking permanent injunctive relief and damages with prejudgment and post-judgement interest among other reliefs for alleged unlawful infringement of United States patents owned by the Plaintiff. This case was filed in the United States 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 Nos. 10,594,376 (the “’376 Patent”) and 10,715,235 (the “’235 Patent”) (collectively, the “Asserted Patents” or “Patents-in-suit) owned by them. 

 

In the complaint, the Plaintiff alleged that, “Defendants have directly infringed and continues to directly infringe numerous claims of the ’376 Patent, including at least claim 1, by manufacturing, using, selling, offering to sell, and/or importing into the United States Wi-Fi access points and routers supporting MUMIMO” and “Defendants are liable for infringement of the ’376 Patent pursuant to 35 U.S.C. § 271(a).”

 

The Plaintiff also alleged that, “Defendants also have been and are now knowingly and intentionally inducing infringement of at least claim 1 of the ’376 Patent in violation of 35 U.S.C. § 271(b). Through the filing and service of this Complaint, Defendants have had knowledge of the ’376 Patent and the infringing nature of the ’376 Accused Patent.” The Plaintiff also alleged that, “Despite this knowledge of the ’376 Patent, Defendants continue to actively encourage and instruct its customers and end users (for example, through user manuals and online instruction materials on its website) to use the ’376 Accused Products in ways that directly infringe the ’376 Patent.”

 

Further, the Plaintiff also alleged that, “Defendants also contributorily infringe pursuant to 35 U.S.C. § 271(c) by making, using, selling, offering to sell, commercially distributing, and/or importing the ’376 Accused Products, knowing they constitute a material part of the invention, are especially made or adapted for use in infringing, and that they are not staple articles of commerce capable of substantial non-infringing use.

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

 

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

 

In the prayer for relief, the Plaintiff has requested the Court for a judgment in favor of Vivato that Defendants have infringed, either literally and/or under the doctrine of equivalents the ’376 Patent and the ’235 patent, for permanent injunctive relief preventing further infringement along with an award for damages, costs and expenses along with prejudgment and post-judgement interest for the infringement of the patents-in-suit. The Plaintiff also requested the Court for an order finding that this is an exceptional case, granting ongoing royalty for Defendants’ post-judgment infringement in an amount according to proof, enhanced damages along with costs of litigation. 

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.




Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00619

  • Filing Date:

    06/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiffs

XR Communications LLC d/b/a Vivato Technologies

XR Communications LLC doing business as Vivato Technologies

Defendants

Amazon.com, Inc., Amazon.com Services LLC, eero LLC

eero LLC

Amazon.Com, Inc.

Amazon.com Services LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Minna Y. Chan

Attorney at Russ August & Kabat

12424 Wilshire Blvd, 12Th Floor

Los Angeles, CA 90025

Reza Mirzaie

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

Christian W. Conkle

Attorney at Russ August & Kabat

12424 Wilshire Boulevard, 12Th Floor

Los Angeles, CA 90025

Defendant Attorney

Deron R Dacus

Attorney at The Dacus Firm, P.C.

821 Ese Loop 323, Suite 430

Tyler, TX 75701

 

Court Documents

19 #1

Proposed Order

#19

(#19) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Amazon.Com, Inc., Amazon.com Services LLC, eero LLC. (Attachments: #1 Proposed Order)(Dacus, Deron) (Attachment 1 replaced on 8/4/2021) (bw). (Entered: 08/04/2021)

18 #1

Proposed Order

#18

(#18) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Amazon.Com, Inc., Amazon.com Services LLC, eero LLC. (Attachments: #1 Proposed Order)(Dacus, Deron) (Entered: 07/06/2021)

#17

(#17) NOTICE of Attorney Appearance by Deron R Dacus on behalf of Amazon.Com, Inc., Amazon.com Services LLC, eero LLC. Attorney Deron R Dacus added to party Amazon.Com, Inc.(pty:dft), Attorney Deron R Dacus added to party Amazon.com Services LLC(pty:dft), Attorney Deron R Dacus added to party eero LLC(pty:dft) (Dacus, Deron) (Entered: 07/06/2021)

#16

(#16) SUMMONS Returned Executed by XR Communications LLC. eero LLC served on 6/23/2021, answer due 7/14/2021. (Mirzaie, Reza) (Entered: 07/01/2021)

#15

(#15) SUMMONS Returned Executed by XR Communications LLC. Amazon.com Services LLC served on 6/23/2021, answer due 7/14/2021. (Mirzaie, Reza) (Entered: 07/01/2021)

#14

(#14) SUMMONS Returned Executed by XR Communications LLC. Amazon.Com, Inc. served on 6/23/2021, answer due 7/14/2021. (Mirzaie, Reza) (Entered: 07/01/2021)

#5

(#5) Pro Hac Vice Letter to James N. Pickens. (lad) (Entered: 06/17/2021)

#9

(#9) Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

#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. (Mirzaie, Reza) (Entered: 06/16/2021)

#3

(#3) RULE 7 DISCLOSURE STATEMENT filed by XR Communications LLC d/b/a Vivato Technologies. (Mirzaie, Reza) (Entered: 06/16/2021)

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by XR Communications LLC d/b/a Vivato Technologies. (Mirzaie, Reza) (Entered: 06/16/2021)

1 #3

Civil Cover Sheet

1 #2

Exhibit B

1 #1

Exhibit A

#1

(#18) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Amazon.Com, Inc., Amazon.com Services LLC, eero LLC. (Attachments: #1 Proposed Order)(Dacus, Deron) (Entered: 07/06/2021)

15 More Documents Available
View All Documents

 

Docket Entries

  • 08/05/2021
  • DocketReset Deadlines: Amazon.Com, Inc. answer due 9/7/2021; Amazon.com Services LLC answer due 9/7/2021; eero LLC answer due 9/7/2021. (ir) (Entered: 08/05/2021)

    Read MoreRead Less
  • 08/05/2021
  • View Court Documents
  • DocketText Order GRANTING #19 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Before the Court is Amazon.com, Inc., Amazon.com Services LLC and eero LLCs (Amazon or Defendants) unopposed motion to extend the time within which Defendants are required to move, answer, or otherwise respond to Plaintiffs Complaint for Patent Infringement (Complaint). In light of this motion, the Court is of the opinion that the motion is meritorious and it should be, and is hereby, granted. Accordingly, it is ORDERED that Defendants unopposed motion to extend the time within which Defendants are required to move, answer, or otherwise respond to Plaintiffs Complaint is GRANTED. It is further ORDERED that the time in which Defendants are required to move, answer, or otherwise respond to Plaintiffs Complaint be extended to and include September 7, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 08/05/2021)

    Read MoreRead Less
  • 08/04/2021
  • View Court Documents
  • Docket(#19) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Amazon.Com, Inc., Amazon.com Services LLC, eero LLC. (Attachments: #1 Proposed Order)(Dacus, Deron) (Attachment 1 replaced on 8/4/2021) (bw). (Entered: 08/04/2021)

    Read MoreRead Less
  • 07/07/2021
  • DocketReset Deadlines: Amazon.Com, Inc., Amazon.com Services LLCand eero LLC answer due 8/13/2021. (lad) (Entered: 07/07/2021)

    Read MoreRead Less
  • 07/07/2021
  • View Court Documents
  • DocketText Order GRANTING #18 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Before the Court is Amazon.com, Inc., Amazon.com Services LLC and eero LLCs (Amazon or Defendants) unopposed motion to extend the time within which Defendants are required to move, answer, or otherwise respond to Plaintiffs Complaint for Patent Infringement (Complaint). In light of this motion, the Court is of the opinion thatthe motion is meritorious and it should be, and is hereby, granted. Accordingly, it is ORDERED that Defendants unopposed motion to extend the time within which Defendants are required to move, answer, or otherwise respond to Plaintiffs Complaint is GRANTED. It is further ORDERED that the time in which Defendants are required to move, answer, or otherwise respond to Plaintiffs Complaint be extended to and include August 13, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 07/07/2021)

    Read MoreRead Less
  • 07/06/2021
  • View Court Documents
  • Docket(#18) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Amazon.Com, Inc., Amazon.com Services LLC, eero LLC. (Attachments: #1 Proposed Order)(Dacus, Deron) (Entered: 07/06/2021)

    Read MoreRead Less
  • 07/06/2021
  • View Court Documents
  • Docket(#17) NOTICE of Attorney Appearance by Deron R Dacus on behalf of Amazon.Com, Inc., Amazon.com Services LLC, eero LLC. Attorney Deron R Dacus added to party Amazon.Com, Inc.(pty:dft), Attorney Deron R Dacus added to party Amazon.com Services LLC(pty:dft), Attorney Deron R Dacus added to party eero LLC(pty:dft) (Dacus, Deron) (Entered: 07/06/2021)

    Read MoreRead Less
  • 07/01/2021
  • View Court Documents
  • Docket(#16) SUMMONS Returned Executed by XR Communications LLC. eero LLC served on 6/23/2021, answer due 7/14/2021. (Mirzaie, Reza) (Entered: 07/01/2021)

    Read MoreRead Less
  • 07/01/2021
  • View Court Documents
  • Docket(#15) SUMMONS Returned Executed by XR Communications LLC. Amazon.com Services LLC served on 6/23/2021, answer due 7/14/2021. (Mirzaie, Reza) (Entered: 07/01/2021)

    Read MoreRead Less
  • 07/01/2021
  • View Court Documents
  • Docket(#14) SUMMONS Returned Executed by XR Communications LLC. Amazon.Com, Inc. served on 6/23/2021, answer due 7/14/2021. (Mirzaie, Reza) (Entered: 07/01/2021)

    Read MoreRead Less
5 More Docket Entries
  • 06/17/2021
  • View Court Documents
  • Docket(#7) Summons Issued as to Amazon.com Services LLC. (lad) (Entered: 06/17/2021)

    Read MoreRead Less
  • 06/17/2021
  • View Court Documents
  • Docket(#6) Summons Issued as to Amazon.Com, Inc.. (lad) (Entered: 06/17/2021)

    Read MoreRead Less
  • 06/17/2021
  • View Court Documents
  • Docket(#5) Pro Hac Vice Letter to James N. Pickens. (lad) (Entered: 06/17/2021)

    Read MoreRead Less
  • 06/17/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/17/2021)

    Read MoreRead Less
  • 06/16/2021
  • View Court Documents
  • Docket(#9) Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

    Read MoreRead Less
  • 06/16/2021
  • 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: 06/17/2021)

    Read MoreRead Less
  • 06/16/2021
  • View Court Documents
  • 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: 06/16/2021)

    Read MoreRead Less
  • 06/16/2021
  • View Court Documents
  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by XR Communications LLC d/b/a Vivato Technologies. (Mirzaie, Reza) (Entered: 06/16/2021)

    Read MoreRead Less
  • 06/16/2021
  • View Court Documents
  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by XR Communications LLC d/b/a Vivato Technologies. (Mirzaie, Reza) (Entered: 06/16/2021)

    Read MoreRead Less
  • 06/16/2021
  • View Court Documents
  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14922632), filed by XR Communications LLC d/b/a Vivato Technologies. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 06/16/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where eero LLC is a litigant

Latest cases where XR Communications, LLC is a litigant

Latest cases where Amazon.Com, Inc. is a litigant

Latest cases represented by Lawyer Christian W. Conkle