Last week saw a May 2019 case against Symantec follow the path of most defendants in Akoloutheo, LLC’s first litigation campaign: quick dismissal with prejudice (following a notice of settlement). However, the week also saw the NPE file a new suit in the Eastern District of Texas, against IBM (4:19-cv-00551), as it awaits a decision from District Judge Amos L. Mazzant whether to grant a motion to transfer filed in an earlier case there, against Thoughtspot, to the Northern District of California. Thoughtspot’s would be the second case in the campaign to persist meaningfully past the pleadings stage; a Texas suit filed roughly one year ago, against Blackrock (NetScout Systems), has proceeded into discovery, with a claim construction hearing before Judge Mazzant currently set for October 30 of this year.
Its third case of 2019 already headed toward dismissal, Akoloutheo, LLC has filed suit against ThoughtSpot (4:19-cv-00270) in the Eastern District of Texas. The NPE sued Mitel Networks and Palo Alto Networks in January, followed by Oracle in February. Dismissals with prejudice have been granted in the January cases, while a motion for such a dismissal has been filed in the suit against Oracle. Throughout the campaign, Akoloutheo has principally targeted network management platforms, here accusing ThoughtSpot of infringement through the provision of software and services related to business data analytics.
Akoloutheo, LLC has added a February suit against Oracle (4:19-cv-00135) to the cases that it filed against Mitel Networks and Palo Alto Networks in January, all in the Eastern District of Texas. Throughout the campaign, the NPE has principally targeted network management platforms, here, Oracle’s provision of “software systems, cloud-based software, and software as a service (SaaS) or platform as a service (PaaS) for managing, analyzing and interrogating networked resources—including, but not limited to, "Oracle’s Oracle Analytics Cloud, Exadata Cloud, Database Cloud, Data Visualization, and Essbase software systems”. The sole patent asserted generally concerns “controlling any type of transaction between providers and consumers of information services”.
Akoloutheo, LLC has added two more cases to its network management campaign, suing Mitel Networks (4:19-cv-00021) and Palo Alto Networks (4:19-cv-00014), both in the Eastern District of Texas. The sole patent asserted generally concerns “controlling any type of transaction between providers and consumers of information services”. In the Mitel complaint, Akoloutheo identifies “Mitel Software” (as covering “Mitel’s Teamwork, MiCollab, MiTeam, OfficeLink, MiCloud, MiContact, MiVoice and Phone Manager software systems”), “Mitel Network Devices” (as including “Mitel’s Sky, MiCloud, Clearspan, Collaboration Service, StreamLine, and MiVoice Appliances, Consoles, Controllers, Devices, Gateways, Routers and Switches”), and “Network Resources” (as “components that are communicably coupled to, and provide access to, a plurality of networked data, communication, information and application resources”) before collectively defining all of them as a “Mitel System” that the NPE identifies as the “infringing instrumentalities”. Faced with analogous definitions and identifications, prior defendant Netscout Systems has, in lieu of answering the complaint filed against it, moved under Rule 12 for a more definite statement concerning the products specifically accused of infringement in that case, characterizing Akoloutheo as having attempted to meet its pleading obligations “through length, rather than clarity”.
Akoloutheo, LLC has added a case against Commvault Systems (4:18-cv-00806) to the first of two litigation campaigns that the Texas NPE has begun this year. This campaign targets network management products with a single patent generally related to “controlling any type of transaction between providers and consumers of information services”. Specifically, in this newest complaint, Akoloutheo accuses Commvault of infringement through the provision of “software systems, cloud-based software, and/or software as a service (SaaS) for network monitoring, interrogation, and management”, including Commvault’s Complete Backup & Recovery, Hyperscale, Orchestrate, and Activate products, and “devices and systems for network monitoring, interrogation, and management”, including Commvault HyperScale and Remote Office Appliance.
Texas-based Akoloutheo, LLC has filed its first case outside the Eastern District of that state, suing Citrix Systems (3:18-cv-02702) in the Northern District. The NPE accuses Citrix of infringing the same patent at issue throughout the campaign, begun this past February, through the provision of network management software products, including related networking devices and apps. Dismissals with prejudice have been entered, or are imminent, in four of the five previous cases in the campaign, all brought in the Eastern District of Texas. The three cases that Akoloutheo filed to launch its second campaign, in mid-September, were also brought in the Eastern District; there, the NPE accuses CenterPoint Energy (4:18-cv-00650), Texas Energy Future Holdings (Oncor Electric Delivery Company) (4:18-cv-00653), and Texas-New Mexico Power Company (4:18-cv-00652) of infringing a second patent, broadly concerning the remote monitoring and control of utility meters.