Two Ireland-based patent monetization entities allege the owner of at least two Louisiana data center facilities is infringing on their cooling equipment patents, according to a federal lawsuit filed last month.
Plaintiffs Valtrus Innovations Limited and Key Patent Innovations Limited, or KPI, filed their lawsuit in U.S. District Court for the Western District of Louisiana, Monroe Division.
Valtrus is the successor-in-interest to a “substantial” patent portfolio created by Hewlett Packard Enterprise. KPI is the beneficiary of a trust to which Valtrus owns, holds, and asserts the patents.
Generally speaking, a non-practicing entity, patent assertion entity, or patent monetization entity purchases groups of patents without an intent to market or develop a product.
In some cases, but not all, the entity then targets other businesses with lawsuits alleging infringement of the patents it bought. They have been referred to as patent “trolls.”
Valtrus and KPI, both based in Dublin, Ireland, allege defendant Lumen Technologies Inc., headquartered in Baton Rouge, have infringed on U.S. Patent Nos. 6,854,287; 6,868,682; and 6,718,277.
The ‘287 patent was issued in February 2005; the ‘682 patent was issued in March 2005; and the ‘277 patent was issued in April 2004.
The ‘287 patent, according to the lawsuit, is directed to a system and method for cooling a room configured to house a “plurality” of computer systems.
The ‘682 patent is directed to a system and method for controlling temperature in a data center based on sensory data.
The ‘277 patent is directed to a system and method for controlling atmospheric conditions within a data center building.
“The Asserted Patents were developed by inventors working for HPE,” the lawsuit states. “HPE developed numerous innovative and diverse technologies, including groundbreaking inventions pertaining to data center cooling and analytics for monitoring conditions in data centers.”
According to the filing, Lumen operates at least two data center facilities in Louisiana, in Baton Rouge and New Orleans. The company is headquartered in Monroe. Lumen also owns and operates hundreds of data centers in North America.
“Lumen’s data centers implement cooling equipment from various suppliers, and Lumen uses that equipment to perform methods of cooling that, on information and belief, infringe the Asserted Patents,” the lawsuit states.
Valtrus claims its counsel sent a letter to Stacey Goff, Lumen’s executive vice president, general counsel, and secretary, in March 2024, informing Lumen about its patent portfolio and “offering an opportunity to license the patents.”
After receiving no response from Lumen, Valtrus counsel sent another letter to Goff and Kate Johnson, Lumen’s president and CEO, in May 2024.
“This letter again requested a meeting to discuss licensing opportunities and attached an additional infringement claim chart,” the complaint states. “Lumen never responded.”
Valtrus and KPI contend they were forced to file the federal lawsuit “to protect their valuable patent rights.”
Lumen, they claim, has refused to engage with their requests to resolve the dispute and it has not provided additional information about its cooling equipment in its data centers.
The plaintiffs seek damages adequate to compensate them for “its past infringement of each of the Asserted Patents,” pre- and post-judgment interest on the damages assessed, and attorneys’ fees.
Valtrus and KPI are being represented by Christiansen Law Firm in Monroe and Reichman Jorgensen Lehman & Feldberg LLP in Redwood Shores, California.
