The third quarter of 2024 saw multiple funded NPEs launch new patent campaigns, with several funded plaintiffs also filing new cases in existing litigation campaigns. In addition, towards the end of the quarter, a jury in the Eastern District of Texas awarded a large verdict to a plaintiff funded by a prominent litigation finance firm.

Funded plaintiff Active Wireless Technologies LLC has filed a second pair of Eastern District of Texas suits, one against each of Deutsche Telekom (T-Mobile) (2:24-cv-00723) and Verizon (Verizon Wireless) (2:24-cv-00724). In the ongoing litigation, in which Ericsson and Nokia have intervened, Chief Judge Rodney Gilstrap denied as premature motions to stay in light of inter partes review (IPR) of the asserted patents—the PTAB has yet to return institution decisions in response to the petitions filed. All the patents here in suit were received from FG Innovation Company Ltd. (f/k/a FG IP Innovation Company Ltd.) (FGI).

On January 31, 2024, FG Innovation Company Ltd. (f/k/a FG IP Innovation Company Ltd.) (FGI) divested a portfolio of 35 assets, including 30 issued US patents, to a Texas entity, which moved the portfolio to a second Texas LLC the next day. This FGI divestiture is the sixth to an apparent US NPE since May 2021, to date four of the prior five recipients having launched litigation over the patents received.

This past May, Active Wireless Technologies LLC sued Deutsche Telekom (T-Mobile) over four wireless communications patents from a portfolio received in March 2023 from FG Innovation Company Ltd. (f/k/a FG IP Innovation Company Ltd.) (FGI). Pleadings there, in the Eastern District of Texas, appear to be set, after the intervention of both Ericsson and Nokia. Now, Active Wireless—which has third-party litigation funding—has tagged Verizon (Verizon Wireless) (2:23-cv-00620) with the same four patents, again over the provision of cellular networks that implement 5G and Narrowband-IoT (NB-IoT technologies), as well as related products and those that comply with various 3GPP standards.

An RPX review of public records indicates that the second quarter of 2023 saw at least eight new patent infringement campaigns launched with the backing of third-party litigation funding. Also in Q2, several already existing third-party financed campaigns grew larger, with the plaintiffs hitting new defendants and/or going after familiar targets for a second or even third time.

Third-party funded Active Wireless Technologies LLC has filed suit over four wireless communications patents from a portfolio received from FG Innovation Company Ltd. (f/k/a FG IP Innovation Company Ltd.) (FGI) this past March. Deutsche Telekom (T-Mobile) (2:23-cv-00261) is accused of infringement through the provision of cellular networks that implement Narrowband-IoT (NB-IoT) technologies, as well as related products, with compliance with various 3GPP standards at issue throughout. FGI has farmed out batches of patents to five NPEs, four of which have now filed litigation over the received assets in the US.