This case was last updated from PACER on 08/30/2021 at 09:56:45 (UTC).

XR Communications LLC v. HP Inc.

Case Summary

On July 1, 2021, XR Communications LLC d/b/a Vivato Technologies (“Plaintiff” or “Vivato”), represented by Reza Mirzaie of Russ August & Kabat, filed an intellectual property lawsuit against HP Inc. (“Defendant”), seeking injunctive relief and damages for allegedly infringing U.S. Patent owned by the Plaintiff which generally relate to wireless communications technology. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

In the complaint, the Plaintiff alleged that, “Defendant has directly infringed and continues 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.” And that “The ’235 Accused Products satisfy all claim limitations of numerous claims of the ’235 Patent, including Claim 8.”

 

The Plaintiff also alleged that, “Defendant also has been and are 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.”

 

The Plaintiff further alleged that, “Despite this knowledge of the ’235 Patent, Defendant continues to actively encourage and instruct their customers and end users (for example, through user manuals and online instruction materials on its website) to use the ’235 Accused Products in ways that directly infringe the ’235 Patent. For example, Defendant’s  website provided, and continues to provide, instructions for using the ’235 Accused Products on wireless communications systems, to utilize their 802.11ac and/or 802.11ax beamforming and/or MIMO or MU-MIMO functionalities.Defendant did so knowing and intending that its customers and end users will commit these infringing acts. Defendant also 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 their customers to infringe the ’235 Patent through the customers’ normal and customary use of the ’235 Accused Products. Defendant also knew or was willfully blind that their actions would induce direct infringement by others and intended that its actions would induce direct infringement by others.”

 

In the only claim for relief laid down by the Plaintiff, it has been alleged that by making, using, offering for sale, selling and/or importing into the United States the ’235 Accused Products, Defendant has injured Vivato and is liable for infringement of the ’235 Patent pursuant to 35 U.S.C. § 271.

 

In its prayer for relief, the Plaintiff has requested the court to pass a judgment in favour of Vivato that Defendant has infringed the ‘235 Patent as alleged and therefore to pass an order for injunctive relief in addition to damages, costs, expenses, and pre-judgment and post-judgment interest and 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 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-00694

  • Filing Date:

    07/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiffs

XR Communications LLC

Vivato Technologies

Defendant

HP Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Reza Mirzaie

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

James N. Pickens

Attorney at Russ August & Kabat

12424 Wilshire Blvd, 12Th Floor

Los Angeles, CA 90025

Minna Y. Chan

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 Attorney

W. Thomas Jacks

Attorney at Fish & Richardson P.C.

111 Congress Avenue, Suite 810

Austin, TX 78701

 

Court Documents

#11

(#11) MOTION to Appear Pro Hac Vice by W. Thomas Jacks on behalf of Aamir A. Kazi ( Filing fee $ 100 receipt number 0542-15150924) by on behalf of HP Inc.. (Attachments: #1 Proposed Order)(Jacks, W.) (Entered: 08/24/2021)

10 #1

Proposed Order

#10

(#10) MOTION to Appear Pro Hac Vice by W. Thomas Jacks on behalf of Ahmed J. Davis ( Filing fee $ 100 receipt number 0542-15150803) by on behalf of HP Inc.. (Attachments: #1 Proposed Order)(Jacks, W.) (Entered: 08/24/2021)

#9

(#9) STIPULATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by HP Inc.. (Jacks, W.) (Entered: 08/24/2021)

#8

(#8) NOTICE of Attorney Appearance by W. Thomas Jacks on behalf of HP Inc.. Attorney W. Thomas Jacks added to party HP Inc.(pty:dft) (Jacks, W.) (Entered: 07/27/2021)

7 #1

Proposed Order

#7

(#7) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by HP Inc.. (Attachments: #1 Proposed Order)(Jacks, W.) (Entered: 07/27/2021)

#6

(#6) Summons Issued as to HP Inc.. (lad) (Entered: 07/02/2021)

#5

(#5) NOTICE OF RELATED CASES by XR Communications LLC re #1 Complaint (Mirzaie, Reza) (Entered: 07/01/2021)

#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: 07/01/2021)

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by XR Communications LLC. (Mirzaie, Reza) (Entered: 07/01/2021)

1 #2

Civil Cover Sheet

1 #1

Exhibit

#1

(#1) COMPLAINT FOR PATENT INFRINGEMENT AGAINST HP INC. ( Filing fee $ 402 receipt number 0542-14975522), filed by XR Communications LLC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 07/01/2021)

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Docket Entries

  • 08/24/2021
  • DocketReset Deadlines: HP Inc. answer due 9/23/2021. (ir) (Entered: 08/24/2021)

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  • 08/24/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by W. Thomas Jacks on behalf of Aamir A. Kazi ( Filing fee $ 100 receipt number 0542-15150924) by on behalf of HP Inc.. (Attachments: #1 Proposed Order)(Jacks, W.) (Entered: 08/24/2021)

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  • 08/24/2021
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  • Docket(#10) MOTION to Appear Pro Hac Vice by W. Thomas Jacks on behalf of Ahmed J. Davis ( Filing fee $ 100 receipt number 0542-15150803) by on behalf of HP Inc.. (Attachments: #1 Proposed Order)(Jacks, W.) (Entered: 08/24/2021)

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  • 08/24/2021
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  • Docket(#9) STIPULATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by HP Inc.. (Jacks, W.) (Entered: 08/24/2021)

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  • 07/27/2021
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  • Docket(#8) NOTICE of Attorney Appearance by W. Thomas Jacks on behalf of HP Inc.. Attorney W. Thomas Jacks added to party HP Inc.(pty:dft) (Jacks, W.) (Entered: 07/27/2021)

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  • 07/27/2021
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  • Docket(#7) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by HP Inc.. (Attachments: #1 Proposed Order)(Jacks, W.) (Entered: 07/27/2021)

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  • 07/02/2021
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  • Docket(#6) Summons Issued as to HP Inc.. (lad) (Entered: 07/02/2021)

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  • 07/02/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 07/02/2021)

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  • 07/01/2021
  • 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: 07/02/2021)

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  • 07/01/2021
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  • Docket(#5) NOTICE OF RELATED CASES by XR Communications LLC re #1 Complaint (Mirzaie, Reza) (Entered: 07/01/2021)

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  • 07/01/2021
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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: 07/01/2021)

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  • 07/01/2021
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  • Docket(#3) RULE 7 DISCLOSURE STATEMENT filed by XR Communications LLC. (Mirzaie, Reza) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by XR Communications LLC. (Mirzaie, Reza) (Entered: 07/01/2021)

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  • 07/01/2021
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT AGAINST HP INC. ( Filing fee $ 402 receipt number 0542-14975522), filed by XR Communications LLC. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 07/01/2021)

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