MessageBird, B.V. et al. v. Validity, Inc.
Infringement action filed 14 Dec 2022 in the United States District Court for the District of Massachusetts and closed 28 Sep 2023, with US8719356B2 asserted. Recorded basis of termination: dismissed with prejudice.
Case record
- Patent involved
- US8719356B2
- Application no.
- US13/449153
- Case no.
- 1:22-cv-12116
- Verdict cause
- Infringement action
- Court
- D. Mass.
- Court level
- District Court
- Case region
- Massachusetts
- Chief judge
- Nathaniel M. Gorton
- Trial level
- First instance
- Filed – Closed
- 14 Dec 2022 – 28 Sep 2023
- Duration
- 288 days
- Basis of termination
- Dismissed with Prejudice
- Products & marks
- Methods, systems, and computer readable media for monitoring deliverability of electronic mail based on subscriber and seed deliverability data
- Validity challenges
- None recorded
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Methods, systems, and computer readable media for monitoring deliverability of electronic mail based on subscriber and seed deliverability data
A system monitor delivery of electronic mail based on subscriber and seed deliverability data. Seed deliverability data is received that includes information indicating a number of email messages associated with an email campaign that are delivered to a folder associated with one or more intended recipients of the email campaign based on a sampling of seed accounts. The seed accounts are not associated with actual recipients of the email campaign. Subscriber deliverability data is received that includes information indicating a number of email messages associated with the email campaign that are delivered to a folder associated with the one or more intended recipients of the email campaign based on one or more subscriber accounts. The seed accounts are associated with a subset of human recipients of the email campaign. One or more deliverability metrics are determined based on the seed deliverability data and the subscriber deliverability data.
- Legal status
- Active
- Granted
- 6 May 2014
- Est. expiry
- 22 Sep 2032
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- DILLINGHAM, JEREMY K. · NOCCHIERO, PETER J. · OAKE, CHRISTOPHER J. · JORDAN, SEAN E. · BILBREY, GEORGE MARVIN · ISAC, SHEELA
- Classification
- G06F15/16
- Prosecution counsel
- BLANK ROME LLP
- Examiner
- KATSIKIS, KOSTAS
Parties of record
MessageBird, B.V.
- Core tech
- Not recorded
- Counsel
- Alyssa Caridis · Clement S. Roberts · Evan David Brewer · Sheryl Koval Garko
- Firm
- Orrick, Herrington & Stucliffe LLP (SF), Orrick, Herrington & Sutcliffe LLP
- Also named
- Email Data Source, Inc. · MessageBird USA, Inc.
Validity, Inc.
- Core tech
- G06F15/16
- Counsel
- Angelo Christopher · Jennifer Hayes · Juliet J. DeFrancisco
- Firm
- Nixon Peabody LLP
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Alyssa Caridis | MessageBird, B.V. | Plaintiff |
| Clement S. Roberts | MessageBird, B.V. | Plaintiff |
| Evan David Brewer | MessageBird, B.V. | Plaintiff |
| Sheryl Koval Garko | MessageBird, B.V. | Plaintiff |
| Angelo Christopher | Validity, Inc. | Defendant |
| Jennifer Hayes | Validity, Inc. | Defendant |
| Juliet J. DeFrancisco | Validity, Inc. | Defendant |
Basis of termination
From the record · verbatim“Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs MessageBird, B.V., MessageBird USA, Inc., and Email Data Source, Inc., and Defendant Validity, Inc. by and through undersigned counsel, hereby stipulate to the dismissal, with prejudice, of the above-referenced case. The Parties hereby stipulate that all claims and counter claims asserted in the above-referenced case be dismissed with prejudice and each party bear its own costs and attorney’s fees incurred in connection with the above-referenced case.”
Case 1:22-cv-12116 · D. Mass. · closed 28 September 2023
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Frequently asked questions
What is case 1:22-cv-12116?
1:22-cv-12116 is a patent infringement action brought by MessageBird, B.V. against Validity, Inc., filed on 14 Dec 2022 in the United States District Court for the District of Massachusetts. The case closed on 28 September 2023.
Which patent was asserted in 1:22-cv-12116?
US8719356B2 (“Methods, systems, and computer readable media for monitoring deliverability of electronic mail based on subscriber and seed deliverability data”), assigned to VALIDITY, INC., currently active. The record also lists Methods, systems, and computer readable media for monitoring deliverability of electronic mail based on subscriber and seed deliverability data.
How was case 1:22-cv-12116 terminated?
The recorded basis of termination is dismissed with prejudice. The termination text reads: “Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiffs MessageBird, B.V., MessageBird USA, Inc., and Email Data Source, Inc., and Defendant Validity, Inc. by and through undersigned counsel, hereby stipulate to the dismissal, with prejudice, of the above-referenced case. The Parties hereby stipulate that all claims and counter claims asserted in the above-referenced case be dismissed with prejudice and each party bear its own costs and attorney’s fees incurred in connection with the above-referenced case.”
What does dismissal with prejudice mean?
A dismissal with prejudice permanently ends the claims that were filed, so the same claims cannot be brought again against that defendant. It is the usual form when the parties have settled.
How long did case 1:22-cv-12116 take?
288 calendar days, from filing on 14 Dec 2022 to closure on 28 September 2023.
Who were the attorneys and the judge in 1:22-cv-12116?
Chief Judge Nathaniel M. Gorton presided. Alyssa Caridis, Clement S. Roberts, Evan David Brewer and Sheryl Koval Garko are recorded as counsel for plaintiff MessageBird, B.V.. Angelo Christopher, Jennifer Hayes and Juliet J. DeFrancisco appear for defendant Validity.
Disclaimer. This page reproduces publicly available court docket data for case 1:22-cv-12116 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.
Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.
No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.
No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.