This case was last updated from U.S. District Courts 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.

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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

Court:
U.S. District Courts

Courthouse:
Texas Western District Court

Judge Details

Presiding Judge

Alan D Albright

Party Details

Plaintiff

XR Communications LLC doing business as Vivato Technologies

Defendants

eero LLC

Amazon.Com, Inc.

Amazon.com Services LLC