On February 2, 2022, Zentian Ltd. (“Zentian” or “Plaintiff”), represented by Jonathon Keath Hance and L. Andrew Taggart of Bracewell LLP; and Nevin M. Gewertz, Rebecca T. Horwitz, John M. Hughes, and Katherine L.I. Hacker of Bartlit Beck LLP, filed an intellectual property lawsuit against Amazon.com, Inc. (“Defendant”), seeking damages for alleged infringement of U.S. Patents owned by the plaintiff. This case was filed in the U.S. District Court for the Western District of Texas, with Judge Alan D. Albright presiding.
The plaintiff filed this complaint for alleged infringement of U.S. Patent Nos. 7,979,277 (the “’277 patent”), 7,587,319 (the “’319 patent”), 10,971,140 (the “’140 patent”), 10,062,377 (the “’377 patent”), and 10,839,789 (the “’789 patent”) (collectively, the “Asserted Patents”) owned by the plaintiff.
In the complaint, the plaintiff alleged that “Amazon’s infringement of on-device speech recognition features includes, among other things: (1) Wake phrase detection for ‘Alexa’ and/or other wake words; (2) Dictation of text messages and notes with integrated applications; and (3) On device speech recognition for Alexa user requests.”
Plaintiff then alleged, “Amazon has directly infringed, continues to infringe, and has induced or contributed to the infringement of the ’277 patent by making, using, selling, and offering for sale, in the United States, and importing into the United States, without authority or license, the Accused Products. Amazon has sold and is selling the Accused Products with the knowledge and intent that customers who buy the products will use the products for their infringing use and therefore that customers have been and are directly infringing the ’277 patent.”
The plaintiff further alleged, “Amazon has directly infringed, continues to infringe, and has induced or contributed to the infringement of the ’319 patent by making, using, selling, and offering for sale in the United States, and importing into the United States, without authority or license the Accused Products. Amazon actively, knowingly, and intentionally induces infringement of one or more claims of the ’319 patent under 35 U.S.C. § 271(b), by actively encouraging others to make, use, sell, and offer to sell in the United States, the Accused Products. Amazon has sold and is selling the Accused Products with the knowledge and intent that customers who buy the products will use the products for their infringing use and therefore that customers have been and are directly infringing the ’319 patent.”
Additionally, the plaintiff alleged that “Amazon has directly infringed, continues to infringe, and has induced or contributed to the infringement of the ’140 patent by making, using, selling, and offering for sale in the United States, and importing into the United States, without authority or license the Accused Products. Amazon actively, knowingly, and intentionally induces infringement of one or more claims of the ’140 patent under 35 U.S.C. § 271(b) by actively encouraging others to make, use, sell, and offer to sell in the United States, the Accused Products.”
Similar allegations have been made by the plaintiff with respect to the other Asserted Patents owned by the plaintiff.
Plaintiff presented five claims for relief, including claims for the alleged infringement of the Asserted Patents owned by the plaintiff.
In its prayer for relief, the plaintiff requested a judgment that Amazon has infringed one or more claims of each of the Asserted Patents. The plaintiff also requested an award of costs, damages sufficient to compensate Zentian for Amazon’s infringement, and pre- and post-judgement interest.
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6:22-CV-00123
02/02/2022
Pending - Other Pending
Intellectual Property - Patent
Alan D Albright
Zentian Ltd
Amazon.com Services LLC
Amazon Web Services, Inc.
Katherine L.I. Hacker
Attorney at Bartlit Beck LLP
1801 Wewatta Street, Suite 1200
Denver, CO 80202
Katherine E. Rhoades
Attorney at Bartlit Beck LLP
54 West Hubbard Street, Suite 300
Chicago, IL 60654
John M. Hughes
Attorney at Bartlit Beck LLP
1801 Wewatta Street, Suite 1200
Denver, CO 80202
Nevin M. Gewertz
Attorney at Bartlit Beck LLP
54 West Hubbard Street, Suite 300
Chicago, IL 60654
Rebecca T. Horwitz
Attorney at Bartlit Beck LLP
54 West Hubbard Street, Suite 300
Chicago, IL 60654
John Francis Luman, III
Attorney at Daniels & Tredennick PLLC
6363 Woodway, Suite 700
Houston, TX 77057
Dargaye Churnet
Attorney at Fenwick & West LLP
555 California Street, 12Th Floor
San Francisco, CA 94104
J. David Hadden
Attorney at Fenwick & West LLP
801 California Street
Mountain View, CA 94041
Saina S. Shamilov
Attorney at Fenwick & West LLP
801 California Street
Mountain View, CA 94041
Deron R Dacus
Attorney at The Dacus Firm, P.C.
821 Ese Loop 323, Suite 430
Tyler, TX 75701
Ravi Ranganath
Attorney at c/o Fenwick & West LLP
801 California Street
Mountain View, CA 95376
Exhibit A: Les Atlas CV
Affidavit of Les Atlas
Exhibit 1: Disputed Claim Terms and Proposed Constructions
Main Document
(#44) STIPULATION Joint Stipulation to Change Deadline by Zentian Ltd. (Luman, John) (Entered: 12/15/2022)
(#43) PROTECTIVE ORDER. Signed by Judge Alan D Albright. (lad) (Entered: 12/14/2022)
(#42) ORDER REGARDING PROTECTIVE ORDER. Signed by Judge Alan D Albright. (lad) (Entered: 12/14/2022)
(#41) TRANSCRIPT REQUEST by Amazon Web Services, Inc., Amazon.com Services LLC for proceedings held on 12/02/2022. Proceedings Transcribed: Discovery Hearing.. (Churnet, Dargaye) (Entered: 12/05/2022)
RESTRICTED
(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Hance, Jonathon) (Entered: 02/02/2022)
(#2) RULE 7 DISCLOSURE STATEMENT filed by Zentian Ltd. (Hance, Jonathon) (Entered: 02/02/2022)
Exhibit E
Exhibit D
Exhibit C
Exhibit B
Exhibit A
Civil Cover Sheet
(#1) COMPLAINT Complaint for Patent Infringement ( Filing fee $ 402 receipt number 0542-15673529). No Summons requested at this time, filed by Zentian Ltd. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Hance, Jonathon) (Entered: 02/02/2022)
Docket(#45) Opening Claim Construction Brief by Amazon Web Services, Inc., Amazon.com Services LLC. (Attachments: #1 Exhibit 1: Disputed Claim Terms and Proposed Constructions, #2 Affidavit of Les Atlas, #3 Exhibit A: Les Atlas CV)(Hadden, J.) (Entered: 01/19/2023)
[-] Read LessDocket(#44) STIPULATION Joint Stipulation to Change Deadline by Zentian Ltd. (Luman, John) (Entered: 12/15/2022)
[-] Read LessDocket(#43) PROTECTIVE ORDER. Signed by Judge Alan D Albright. (lad) (Entered: 12/14/2022)
[-] Read LessDocket(#42) ORDER REGARDING PROTECTIVE ORDER. Signed by Judge Alan D Albright. (lad) (Entered: 12/14/2022)
[-] Read LessDocket(#41) TRANSCRIPT REQUEST by Amazon Web Services, Inc., Amazon.com Services LLC for proceedings held on 12/02/2022. Proceedings Transcribed: Discovery Hearing.. (Churnet, Dargaye) (Entered: 12/05/2022)
[-] Read LessDocket(#40) Transcript filed of Proceedings held on 12-2-22, Proceedings Transcribed: Discovery Hearing. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 2546660904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 12/27/2022, Redacted Transcript Deadline set for 1/5/2023, Release of Transcript Restriction set for 3/6/2023, (kd) (Entered: 12/05/2022)
[-] Read LessDocket(#39) Minute Entry for proceedings held before Judge Alan D Albright: Discovery Hearing held on 12/2/2022. STATEMENTS AND ARGUMENTS OF COUNSEL HEARD, WRITTEN ORDER FORTHCOMING (Minute entry documents are not available electronically.). (Court Reporter Kristie Davis.)(lad) (Entered: 12/02/2022)
[-] Read LessDocket(#38) ORDER Setting Zoom Discovery for 12/2/2022 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot1) (Entered: 11/22/2022)
[-] Read LessDocket(#37) Transcript filed of Proceedings held on 11-17-22, Proceedings Transcribed: Discovery Hearing. Court Reporter/Transcriber: Kristie Davis (kmdaviscsr@yahoo.com), Telephone number: 2546660904. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 12/12/2022, Redacted Transcript Deadline set for 12/20/2022, Release of Transcript Restriction set for 2/17/2023, (kd) (Entered: 11/19/2022)
[-] Read LessDocket(#36) Minute Entry for proceedings held before Judge Alan D Albright: Discovery Hearing held on 11/17/2022. STATEMENTS AND ARGUMENTS OF COUNSEL HEARD, REQUEST REGARDING DISCOVERY TAKEN UNDER ADVISEMENT (Minute entry documents are not available electronically.). (Court Reporter Kristie Davis.)(lad) (Entered: 11/17/2022)
[-] Read LessDocketText Order GRANTING #5 Motion to Appear Pro Hac Vice for Attorney Rebecca T. Horwitz for Zentian Ltd. 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.) (ir) (Entered: 02/07/2022)
[-] Read LessDocketText Order GRANTING #4 Motion to Appear Pro Hac Vice for Attorney Nevin M. Gewertz for Zentian Ltd. 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.) (ir) (Entered: 02/07/2022)
[-] Read LessDocketCase 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: 02/02/2022)
[-] Read LessDocket(#6) MOTION to Appear Pro Hac Vice by Jonathon Keath Hance John M. Hughes ( Filing fee $ 100 receipt number 0542-15674478) by on behalf of Zentian Ltd. (Hance, Jonathon) (Entered: 02/02/2022)
[-] Read LessDocket(#5) MOTION to Appear Pro Hac Vice by Jonathon Keath Hance Rebecca T. Horwitz ( Filing fee $ 100 receipt number 0542-15674451) by on behalf of Zentian Ltd. (Hance, Jonathon) (Entered: 02/02/2022)
[-] Read LessDocket(#4) MOTION to Appear Pro Hac Vice by Jonathon Keath Hance Nevin M. Gewertz ( Filing fee $ 100 receipt number 0542-15674433) by on behalf of Zentian Ltd. (Hance, Jonathon) (Entered: 02/02/2022)
[-] Read LessDocket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Hance, Jonathon) (Entered: 02/02/2022)
[-] Read LessDocket(#2) RULE 7 DISCLOSURE STATEMENT filed by Zentian Ltd. (Hance, Jonathon) (Entered: 02/02/2022)
[-] Read LessDocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. Pursuant to the Standing Order Regarding Patent/Trademark Cases effective 12/9/19, Attorneys filing Patent/Trademark cases in TXWD Waco division must prepare a form AO120, FLATTEN, and e-file using the "Notice of Filing of Patent/Trademark Form" event upon opening of the case. (lad) (Entered: 02/02/2022)
[-] Read LessDocket(#1) COMPLAINT Complaint for Patent Infringement ( Filing fee $ 402 receipt number 0542-15673529). No Summons requested at this time, filed by Zentian Ltd. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Hance, Jonathon) (Entered: 02/02/2022)
[-] Read LessDig Deeper
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