This case was last updated from U.S. District Courts on 09/22/2021 at 11:24:27 (UTC).

XR Communications LLC v. Microsoft Corporation

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 Microsoft Corporation (“Defendant”), seeking injunctive relief and damages for allegedly infringing U.S. Patent owned by the Plaintiff which generally relates 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.”

Further, the Plaintiff 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, the Plaintiff has requested the court to pass a judgment in favor 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-00695

  • 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

Microsoft Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Philip X. Wang

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

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

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

Defendant Attorneys

M. Brett Johnson

Attorney at Winston & Strawn LLP

2121 N. Pearl Street, Suite 900

Dallas, TX 75201

Katherine Kelly Vidal

Attorney at Winston & Strawn LLP

275 Middlefield Road Suite 205

Menlo Park, CA 94025

Kelly C. Hunsaker

Attorney at Winston & Strawn LLP

275 Middlefield Road, Suite 205

Menlo Park, CA 94025

Matthew R. McCullough

Attorney at Winston & Strawn LLP

275 Middlefield Road, Suite 205

Menlo Park, CA 94025

 

Court Documents

14 #1

Proposed Order

#14

#13

12 #1

Proposed Order

#12

11 #1

Proposed Order

#11

10 #1

Proposed Order

#10

#7

#6

#5

#4

#3

#2

1 #2

Civil Cover Sheet

1 #1

Exhibit A

#1

15 More Documents Available
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Docket Entries

  • 09/13/2021
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  • Docket(#14) STIPULATION of Dismissal (Joint) regarding Plaintiff's Induced and Contributory Infringement Allegations and Requests for Enhanced Damages and Permanent Injunctive Relief by Microsoft Corporation. (Attachments: #1 Proposed Order)(Hunsaker, Kelly) Modified on 9/14/2021 - due to attached proposed order (jc5). (Entered: 09/13/2021)

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  • 09/13/2021
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  • Docket(#13) RULE 7 DISCLOSURE STATEMENT filed by Microsoft Corporation. (Hunsaker, Kelly) (Entered: 09/13/2021)

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  • 07/28/2021
  • DocketReset Deadlines: Microsoft Corporation answer due 9/13/2021. (lad) (Entered: 07/29/2021)

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  • 07/28/2021
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  • DocketText Order GRANTING #8 Unopposed Motion for Extension of Time to Answer entered by Judge Alan D Albright. Microsoft Corporations deadline to answer or otherwise respond to the Complaint is extended until September 13, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JZ) (Entered: 07/28/2021)

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  • 07/27/2021
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  • DocketText Order GRANTING #12 Motion to Appear Pro Hac Vice for Attorney Matthew R. McCullough for Microsoft Corporation. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is 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.) (jc5) (Entered: 07/27/2021)

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  • 07/27/2021
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  • DocketText Order GRANTING #11 Motion to Appear Pro Hac Vice for Attorney Kelly C. Hunsaker for Microsoft Corporation. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is 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.) (jc5) (Entered: 07/27/2021)

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  • 07/27/2021
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  • DocketText Order GRANTING #10 Motion to Appear Pro Hac Vice for Attorney Katherine Kelly Vidal for Microsoft Corporation. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is 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.) (jc5) (Entered: 07/27/2021)

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  • 07/22/2021
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  • Docket(#12) MOTION to Appear Pro Hac Vice by M. Brett Johnson for Matthew R. McCullough ( Filing fee $ 100 receipt number 0542-15040912) by on behalf of Microsoft Corporation. (Attachments: #1 Proposed Order)(Johnson, M.) (Entered: 07/22/2021)

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  • 07/22/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by M. Brett Johnson for Kelly C. Hunsaker ( Filing fee $ 100 receipt number 0542-15040741) by on behalf of Microsoft Corporation. (Attachments: #1 Proposed Order)(Johnson, M.) (Entered: 07/22/2021)

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  • 07/22/2021
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  • Docket(#10) MOTION to Appear Pro Hac Vice by Katherine Kelly Vidal ( Filing fee $ 100 receipt number 0542-15040690) by on behalf of Microsoft Corporation. (Attachments: #1 Proposed Order)(Vidal, Katherine) (Entered: 07/22/2021)

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1 More Docket Entries
  • 07/22/2021
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  • Docket(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint or Otherwise Respond to Plaintiff's Complaint by Microsoft Corporation. (Attachments: #1 Proposed Order)(Johnson, M.) (Entered: 07/22/2021)

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  • 07/14/2021
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  • Docket(#7) SUMMONS Returned Executed by XR Communications LLC. Microsoft Corporation served on 7/8/2021, answer due 7/29/2021. (Mirzaie, Reza) (Entered: 07/14/2021)

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  • 07/02/2021
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  • Docket(#6) Summons Issued as to Microsoft Corporation. (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 MICROSOFT CORPORATION ( Filing fee $ 402 receipt number 0542-14975529), filed by XR Communications LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 07/01/2021)

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