This case was last updated from PACER on 08/15/2021 at 10:11:57 (UTC).

XR Communications LLC v. Apple, Inc.

Case Summary

On June 16, 2021, XR Communications, LLC, d/b/a Vivato Technologies (“Vivato'' or “Plaintiff”), 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 Apple, Inc. (“Apple'' or “Defendant”), seeking injunctive relief, damages, and royalties, among other reliefs, for alleged unlawful infringement of patented technology relating to Directed Wireless Communication. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding. 

 

Vivato asserted that Plaintiff is the legal owner by assignment of all rights, title and interest in numerous United States and foreign patents and applications including United States Patent No. 10,715,235, (the “’235 Patent”), entitled as “Directed Wireless Communication” (collectively, the “Asserted Patent”).

 

In its complaint, the Plaintiff alleged that, “Defendant has 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 (Defendant’s Apple TV 4K, iPhones supporting MIMO including iPhone 12 Pro Max, iPhone 12 Pro, iPhone 12, iPhone 12 mini, iPhone SE (2nd Generation), (collectively, the “’235 Accused Products”).”

 

The Plaintiff further 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. Accused Product also performs a method for use in a wireless communications system, the method comprising determining first signal information for the first signal transmission and determining second signal information for the second signal transmission, wherein the second signal information is different than the first signal information.”

 

The Plaintiff also alleged that, “Defendant has been and is now knowingly and intentionally inducing infringement of at least claim 8 of the ’235 Patent in violation of 35 U.S.C. § 271(b). Through at least the filing and service of this Complaint, Defendant has had knowledge of the ’235 Patent and the infringing nature of the ’235 Accused Products.”

There is one claim for relief laid down by the Plaintiff, dealing with the infringement of the Asserted Patent and alleged that despite its knowledge of the ’235 Patent, Defendant continues to actively encourage and instruct its customers and end users. Plaintiff alleged that Defendant continues to make, use, offer for sale, sell, and/or import the ’235 Accused Products, despite its knowledge of the ’235 Patent, thereby specifically intending for and inducing its customers to infringe the ’235 Patent through the customers’ normal and customary use of the ’235 Accused Products.

 

In its prayer for relief, the Plaintiff requested the court for a permanent injunction prohibiting Defendant from further acts of infringement of the Asserted Patent; to issue a judgment and order requiring Defendant to pay Vivato its damages, costs, expenses, with both pre- and post-judgment interest for Defendant’s infringement; and to award an ongoing royalty for Defendant’s post-judgment infringement in an amount according to proof. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00620

  • Filing Date:

    06/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

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

Defendant

Apple, Inc.

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 Attorneys

J. Stephen Ravel

Attorney at Kelly Hart & Hallman LLP

303 Colorado Street, Suite 2000

Austin, TX 78701

Kelly Ransom

Attorney at Kelly Hat Hallman LLP

303 Colorado, Suite 2000

Austin, TX 78701

Lesley Hamming

Attorney at Goldman Ismail Tomaselli Brennan & Baum LLP

200 South Wacker Dr., 22Nd Floor

Chicago, IL 60606

Douglas Winnard

Attorney at Goldman Ismail Tomaselli Brennan & Baum LLP

200 South Wacker Dr., 22Nd Floor

Chicago, IL 60606

Jennifer M. Hartjes

Attorney at Goldman Ismail Tomaselli Brennan & Baum LLP

200 South Wacker Dr., 22Nd Floor

Chicago, IL 60606

Michael Pieja

Attorney at Goldman Ismail Tomaselli Brennan & Baum LLP

200 South Wacker Dr., 22Nd Floor

Chicago, IL 60606

 

Court Documents

#15

(#15) NOTICE of Appearance of Additional Counsel by Apple, Inc. (Ravel, J.) (Entered: 07/27/2021)

14 #1

Proposed Order

#14

(#14) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Michael T. Pieja ( Filing fee $ 100 receipt number 0542-15056050) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/27/2021)

13 #1

Proposed Order

#13

(#13) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Lesley Hamming ( Filing fee $ 100 receipt number 0542-15056029) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/27/2021)

12 #1

Proposed Order

#12

(#12) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Jennifer M. Hartjes ( Filing fee $ 100 receipt number 0542-15055990) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/27/2021)

11 #1

Proposed Order

#11

(#11) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Doug Winnard ( Filing fee $ 100 receipt number 0542-15055945) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/27/2021)

#7

(#7) NOTICE OF RELATED CASES by XR Communications LLC re #1 Complaint (Mirzaie, Reza) (Entered: 06/18/2021)

#6

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

#5

(#5) Summons Issued as to Apple, Inc.. (lad) (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 #2

Civil Cover Sheet

1 #1

Exhibit A

#1

(#9) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/12/2021)

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Docket Entries

  • 07/28/2021
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  • DocketText Order GRANTING #11 , #12 , #13 , and #14 Motions to Appear Pro Hac Vice. Before the Court are the Motions for Admission Pro Hac Vice. The Court, having reviewed the Motions, finds they should be GRANTED and therefore orders as follows: IT IS ORDERED the Motions for Admission Pro Hac Vice are GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 07/28/2021)

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  • 07/27/2021
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  • Docket(#15) NOTICE of Appearance of Additional Counsel by Apple, Inc. (Ravel, J.) (Entered: 07/27/2021)

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  • 07/27/2021
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  • Docket(#14) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Michael T. Pieja ( Filing fee $ 100 receipt number 0542-15056050) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/27/2021)

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  • 07/27/2021
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  • Docket(#13) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Lesley Hamming ( Filing fee $ 100 receipt number 0542-15056029) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/27/2021)

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  • 07/27/2021
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  • Docket(#12) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Jennifer M. Hartjes ( Filing fee $ 100 receipt number 0542-15055990) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/27/2021)

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  • 07/27/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Doug Winnard ( Filing fee $ 100 receipt number 0542-15055945) by on behalf of Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/27/2021)

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  • 07/14/2021
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  • Docket(#10) RULE 7 DISCLOSURE STATEMENT filed by Apple, Inc.. (Ravel, J.) (Entered: 07/14/2021)

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  • 07/13/2021
  • DocketReset Deadlines: Apple, Inc. answer due 9/7/2021. (lad) (Entered: 07/13/2021)

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  • 07/13/2021
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  • DocketText Order GRANTING #9 Motion for Extension of Time to Answer entered by Judge Alan D Albright. This Court, after considering Defendant Apple Inc.s Unopposed Motion for Extension of Time to Respond to Plaintiffs Complaint for Patent Infringement (Unopposed Motion), is of the opinion that the Unopposed Motion should be granted. It is therefore ORDERED that Defendant Apple Inc.s Unopposed Motion is GRANTED, and Defendants deadline to file a response to Plaintiffs Complaint for Patent Infringement is hereby extended through and including September 7, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 07/13/2021)

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  • 07/12/2021
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  • Docket(#9) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Apple, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) (Entered: 07/12/2021)

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  • 07/12/2021
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  • Docket(#8) NOTICE of Attorney Appearance by J. Stephen Ravel on behalf of Apple, Inc.. Attorney J. Stephen Ravel added to party Apple, Inc.(pty:dft) (Ravel, J.) (Entered: 07/12/2021)

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  • 06/18/2021
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  • Docket(#7) NOTICE OF RELATED CASES by XR Communications LLC re #1 Complaint (Mirzaie, Reza) (Entered: 06/18/2021)

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  • 06/17/2021
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  • Docket(#6) Pro Hac Vice Letter to James N. Pickens. (lad) (Entered: 06/17/2021)

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  • 06/17/2021
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  • Docket(#5) Summons Issued as to Apple, Inc.. (lad) (Entered: 06/17/2021)

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  • 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)

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  • 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)

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  • 06/16/2021
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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: 06/16/2021)

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

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

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  • 06/16/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14922646), filed by XR Communications LLC d/b/a Vivato Technologies. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 06/16/2021)

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