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Additional Discovery Ordered in Texas, Judgment on the Pleadings Sought in Florida, Docs to Be Produced to the Court by Today in Virginia
In Case You Missed It
Eastern District of Texas Magistrate Judge Roy S. Payne has granted a motion from Starbucks to withdraw its prior motion for an order protecting its lead counsel from deposition by Analytical Technologies, LLC (AT), a Leigh M. Rothschild-linked plaintiff. That motion was mooted by AT’s withdrawal of the subpoena. The court also denied a motion to compel responses to certain Starbucks requests for admissions but ordered AT to supplement its responses to two Starbucks interrogatories, one asking AT to “[d]escribe with specificity all facts that [it] contend[s] render [its] corporate form legitimate and not a sham” and, “[e]xcluding outside counsel”, to “identify with specificity any and all persons with decision-making authority over This Litigation”.
March 17, 2025
Pegasus Wireless Files Another Round of Suits Against Wireless Carriers
New Patent Litigation
Pegasus Wireless Innovation LLC has filed a second complaint against each of AT&T (AT&T Mobility, Cricket Wireless, New Cingular Wireless PCS) (2:25-cv-00290), Deutsche Telekom (Sprint, T-Mobile) (2:25-cv-00289), and Verizon (TracFone Wireless, Verizon Wireless) (2:25-cv-00288), here targeting the provision of their respective mobile networks and related base stations, as well as the sale of related devices (e.g., smartphones, including those manufactured by Alphabet (Google) or Motorola), that operate in accordance with the 3GPP 4G/LTE and 5G Standards. Both Ericsson and Nokia have intervened in the first round of suits against the US wireless carriers. A claim construction hearing was held there on March 13, 2025, but the litigation to date has otherwise focused on the relationship between Pegasus Wireless and third-party defendant KT, the source of the patents-in-suit.
March 16, 2025
Implementer Turns to Standards Body After SEP Owner Declines to Offer Interim License
Patent Litigation Feature
The multijurisdictional standard essential patent (SEP) dispute between patent owner Ericsson and implementer Lenovo has spilled beyond the courts in the wake of a notable appellate ruling. In late February, the UK Court of Appeal held that a willing licensor in Ericsson’s position would have offered Lenovo an interim license prior to the court’s determination of a final fair, reasonable, and nondiscriminatory (FRAND) license. After Ericsson opted not to offer that license by the March 10 deadline later set by the Court of Appeal, the court automatically found under the conditions of the order setting the deadline that the company had breached its FRAND obligations and acted as an “unwilling licensor”. In response, Lenovo has reportedly turned to the European Telecommunications Standards Institute (ETSI), the standard-setting organization (SSO) to which the relevant FRAND commitments were made, filing a dispute invoking a clause of the ETSI intellectual property rights (IPR) policy concerning “[n]on-availability of licenses” (clause 8.2).
March 16, 2025
Squires Emerges as White House Pick for USPTO Director
Patent Market, Patent Watch
The White House announced this week that Dilworth Paxson partner John A. Squires has been nominated to be the next USPTO director. If confirmed by the Senate, Squires will be the first USPTO head to bring a combination of law firm, private sector, IP monetization, and IP finance experience to the role.
March 16, 2025
Notable Assignments Pop into Public View
Patent Market, Patent Watch
Assignments recently made public by the USPTO reflect, among other things, the apparent divestitures from a networking provider of roughly a quarter of its former US patent assets and from a smart projection company to a European monetization firm of what appears to be all of its US assets, as well as a double-bounce for the patent portfolio of a customer experience (CX) vendor exiting bankruptcy protection late last year and an ongoing flow of wireless communications patents to a Texas monetization firm.
March 16, 2025
To Ring or Not to Ring
New Patent Litigation
New Mexico plaintiff ReadyComm LLC has filed its first litigation, suing AT&T (2:25-cv-00302), Mitel Networks (2:25-cv-00303), and NEC (2:25-cv-00304) in the Eastern District of Texas. The plaintiff asserts a single patent generally related to a “telephone communication system” that can switch between an “activated” and “stand-by” mode, with the defendants accused of infringement through the provision of their respective communications platforms. At issue are features related to allowing users to add multiple devices to receive or make phone calls, associate those devices with a user account, and choose whether a device will “ring” or “remain silent”.
March 15, 2025
Unrepresented Plaintiff Apparently Likes to Move Quickly
New Patent Litigation
engajer, Inc. has not only accused Meta Platforms, Microsoft, OpenAI, and Soul Machines (as well as a set of Doe defendants) (9:25-cv-80339) of patent infringement in a single Southern District of Florida complaint, it has also simultaneously moved for summary judgment on its claims. The complaint targets with a single patent—generally related to generating an “Interactive Marketing Presentation” through a user interface of a webpage—the provision of “Al-powered interactive content systems, video-based engagement platforms, and AI chatbot interfaces”. Per the motion, summary judgment is appropriate already because “Defendants’ actions clearly constitute patent infringement”.
March 15, 2025
Prior Alice Motion Left Hanging, TG--2006 Business Software Campaign Sees Fresh Round of Complaints
New Patent Litigation
The first round of cases filed by TG--2006 Holdings, LLC, in late 2023 into early 2024, having run its course, the plaintiff has filed another, suing Atlassian (2:25-cv-00249) and Monday.com (2:25-cv-00250) in separate Eastern District of Texas complaints, as well as Dropbox (1:25-cv-00297), Marlin Management (d/b/a Marlin Equity Partners) (Arcserve) (1:25-cv-00296), Notion Labs (1:25-cv-00299), OpenDrives (1:25-cv-00300), and Spreadsheet.com (1:25-cv-00309) in the District of Delaware. Prior defendant in this campaign Microsoft filed a motion to dismiss for pleading inadequacies and for unpatentable subject matter, arguing as to the latter that the asserted patent claims against it are ineligibly drawn to the abstract idea of “using a filing system to track and display information on the status of business tasks”.
March 15, 2025
Virtual Keyboards the Focus of Inaugural Suit from Yet Another New Mexico Plaintiff
New Patent Litigation
Recently formed New Mexico plaintiff Televo LLC has filed its first litigation, suing OnePlus (2:25-cv-00257) in the Eastern District of Texas. The plaintiff asserts a single patent generally related to a “text entry system for an electronic device”, with OnePlus accused of infringement through the provision of the OnePlus Open smartphone. At issue is the use of the OxygenOS operating system, which supports Google’s Gboard virtual keyboard.
March 14, 2025
Device Attestation Campaign Expands in Delaware
New Patent Litigation
Bitdefender (1:25-cv-00249), Cloud Software Group (Citrix Systems) (1:25-cv-00250), and SAP (SAP America) (1:25-cv-00251) are the latest defendants to be added to the sole litigation campaign of Attestwave LLC, launched back in October 2022. In the new District of Delaware complaints, the plaintiff asserts a single patent generally related to “assuring proper execution of a software computer program” through tamper detection and validation. The defendants are accused of infringement over a wide array of products, ranging from mobile security solutions to unified endpoint management (UEM) solutions, that support device attestation tools for “verifying device and app integrity”.
March 14, 2025