Maier & Maier Defends Continually, Ltd. Against Allegations of Patent Infringement By Disintermediation Services, Inc. in the Western District of Texas

Maier & Maier

On June 22, 2022, Disintermediation Services, Inc. (“Disintermediation”) filed a Complaint alleging that Continually Ltd. (“Continually”) infringed U.S. Patent Nos. 11,240,183, 11,336,597, and 11,349,787, which purportedly cover two-way real time communication systems that allow asymmetric participation in conversations across multiple electronic platforms. The case was filed in the Western District of Texas, Waco Division, and was assigned to Judge Albright.

Maier & Maier represented Continually in the lawsuit, which is amongst a number of cases in which the firm has appeared in different districts in Texas. The parties were able to resolve the dispute and the case was voluntarily dismissed with prejudice on April 17, 2023.

Maier & Maier continues to enjoy consistent and favorable results in its litigation matters. The firm has obtained favorable results when defending clients accused of infringement by competitors as well as cases brought by patent assertion entities.

The Continually dismissal follows others in which Maier & Maier has helped defendants obtain efficient resolutions, including PASCO Scientific v. Vernier Software & Technology, (D.Or.), Aperture Net LLC v. Electric Mirror, Inc. (W.D.Wash.), Altus Partners, Inc. v. Altus Market Access, Inc. (E.D.Cal.), and Wave Linx LLC v. MeetingOne.com, Corp. (D.Colo.). The dismissal also comes on the heels of Maier & Maier successfully obtaining a stay on behalf of defendants in a patent infringement lawsuit between E9 Treatments, Inc. v. Kopman LLC et al. in the Southern District of Texas.

About Maier & Maier PLLC

In 2022, Maier & Maier issued over 800 total patents and maintained its positive growth trajectory, exceeding 25% year over year growth. The firm has proven its capacity for steady growth with an uncompromising commitment to delivering efficient and effective results.

Maier & Maier’s litigation team has also been hard at work delivering positive results for clients. The Maier & Maier Team continues to advocate on behalf of clients in federal courts, before the Patent Trial and Appeal Board, Trademark Trial and Appeal Board, and the International Trade Commission.

Representative Engagements

  • Cedar Lane Technologies v. THine Electronics, Inc., D.Tex., 6:22-cv-01145
  • Concrete Support Systems, LLC v. Bond Formwork Systems, LLC, W.D.Tex., 1:20-cv-01150
  • Transcend Shipping Systems, LLC v. Maersk, Inc. et al., D.Tex.,6:20-cv-01122-ADA
  • Advanced Cartridge Technologies, LLC v. Mark Collier et al., D.Tex., 1:21-cv-00657-ELY
  • AGIS Software Development LLC v. Xiaomi Corporation et al., E.D.Tex., 2:22-cv-00450 and 337-TA-1347 (International Trade Commission)
  • E9 Treatments, Inc. v. KopMan LLC, S.D.Tex., 2:22-cv-00172
  • Wave Linx LLC v. MeetingOne.com Corp., D.Colo., 1:22-cv-03077
  • Altus Partners, Inc. v. Altus Market Access, Inc.,D.Cal., 2:22-cv-01994
  • PASCO Scientific v. Vernier Software & Technology, Or., 3:21-cv-01523
  • Aperture Net LLC v. Electric Mirror, Inc.,D.Wash., 2:22-cv-015348
  • Disintermediation Services, Inc. v. Continually Ltd., D.Tex., 6:22-cv-00649
  • com, LLC v. Kinefinity, Inc., C.D.Cal., 8:21-cv-00041-JVS
  • Internet Media Interactive Corp. v. Sightline Media Group, LLC, D.Del., 1:21-cv-00970-MN
  • Freetek Holdings, LLC v. Extollo Communications, W.D.Wash. 2:21-cv-01021-TSZ
  • Sykes v. Nash Distribution, Inc., E.D.Va.,1:21-cv-00897-TSE-MSN
  • Juul Labs., Inc. v. Vaperistas LLC, N.D.Ill., 1:20-cv-04092 and 337-TA-1211 (International Trade Commission)
  • Lander Enterprises, LLC v. iSonic Inc., D.Conn., 3:20-cv-01693
  • Thomas A. Person v. Cigar Reserve LLC et al., D.Ind., 4:20-cv-00212

U.S. District Judge Alan Albright Provides Informative Update at the 2021 IPO Annual Meeting

Maier & Maier

Judge Alan Albright assumed the bench in September of 2018 and has quickly made the Western District of Texas a premier venue for patent litigation. 24% of all patent cases filed so far in 2021 were filed in the WDTX, up from just 3% of patent cases filed in 2018. This significant increase in filings is mainly due to the unique rules Judge Albright implements in all his patent cases.

In a speech this morning to the annual meeting of the Intellectual Property Owners Association, Judge Albright emphasized his firm belief that intellectual property is a vital component of our country, and that he therefore has a personal duty to be a fair judge. Judge Albright believes he can accomplish this by providing clear rules which lead to efficient resolutions, thus saving valuable time and costs for all parties to a dispute. Lawyers and their clients can both benefit from Judge Albright’s process which provides certainty and predictability to what can otherwise be lengthy and expensive trials.

Judge Albright prides himself on creating a patent dispute resolution system where a Markman hearing is typically reached within 8 months and a trial 14-16 months after that. Judge Albright has had twice as many Markman hearings as any other Texas division- including 40 in just this past summer.

The COVID-19 pandemic has not diminished WDTX’s efficiency. Instead, Judge Albright took advantage of the flexibility and transparency of Zoom. Hearings taking place over Zoom save time and money for both parties and can also give the public immediate access to the hearing. Anyone can listen to a patent trial in Judge Albright’s court (except for certain confidential portions, such as during the damages stage). Access to the Judge’s hearings can provide a major insight to understanding how the Judge will handle certain issues, providing even more predictability for the parties as well as useful strategies to take advantage of.

The Maier & Maier litigation team is well equipped to take advantage of Judge Albright’s procedures, which allowed us to settle a recent case in just 43 days from the filing of the complaint. By monitoring Judge Albright’s cases and other trends in the case law, Maier & Maier continues its track record of successful patent cases in the Western District of Texas.