Untitled case

This patent infringement litigation, case number 7:25-cv-00318, is currently active in the Texas Western District Court. The plaintiff is Headwater Research LLC, a non-practicing entity (NPE) or patent assertion entity (PAE) known for its extensive patent assertion campaign against numerous technology and telecommunications companies. The defendant is Apple Inc., a prominent operating company in the consumer electronics and software industry. Headwater Research LLC has accused Apple of infringing its patents through the provision of mobile devices, including mobile phones, tablets, wearables, and television devices, as well as servers, that support the Apple Push Notification service. This service allegedly utilizes "remote notifications (also known as push notifications) to push small amounts of data to devices that use your app, even when your app isn't running."

The primary patent at issue, US Patent 10064055, is titled "Security, fraud detection, and fraud mitigation in device-assisted services systems." It broadly covers methods and systems for processing and reporting mobile location data to provide targeted content, conversion tracking, and other information and services to businesses and users of mobile devices. Another patent, US Patent 8667571, also forms part of Headwater's assertion in this case and belongs to the same larger patent family, which encompasses over 280 issued US patents. The case was initially assigned to District Judge David Counts but was subsequently reassigned to District Judge Alan D. Albright, a judge known for presiding over a high volume of patent cases in the Western District of Texas, a venue frequently chosen by patentees.

This litigation is notable as it is part of an ongoing and expanding patent assertion campaign by Headwater Research LLC, which has previously targeted major wireless carriers like AT&T, T-Mobile (Deutsche Telekom), and Verizon, as well as device manufacturers such as Alphabet (Google), Amazon, Lenovo, and Samsung. Headwater's prior litigation efforts have yielded mixed outcomes, including both a non-infringement verdict and a significant $278.8 million verdict against Samsung. The campaign also extends internationally, with Headwater having previously filed suit against Apple before the Unified Patent Court (UPC). While specific inter partes review (IPR) challenges directly linked to patent 10064055 in this particular case are not explicitly identified in the available information, the involvement of an NPE with a large patent portfolio often suggests potential for parallel IPR proceedings as a common defense strategy.

Here's a summary of the key legal developments in the patent infringement litigation 7:25-cv-00318:

Key Legal Developments and Outcome

Filing & Initial Pleadings:

• Complaint Filed (2025-07-17): Headwater Research LLC filed a patent infringement lawsuit against Apple Inc. in the U.S. District Court for the Western District of Texas. The case, 7:25-cv-00318, asserts infringement of US Patents 8,667,571 and 10,064,055. Headwater Research LLC is represented by Russ August & Kabat and The Dacus Firm, P.C.. The litigation targets Apple's mobile devices, including "mobile phones, tablets, wearables, and television devices, as well as servers," specifically concerning the Apple Push Notification service.
• Judicial Reassignment (2025-07-18): The case was initially assigned to District Judge David Counts but was subsequently reassigned to District Judge Alan D. Albright for all proceedings.

Pre-trial Motions of Substance:
No specific details on motions to dismiss, transfer (beyond the judge reassignment), or stay pending IPR have been publicly detailed in the provided search results.

Claim Construction (Markman) Outcomes:
The case was active as of November 3, 2025, and mentions of a Markman hearing in October 2025 were found in a different, but similarly numbered, IPR related to a different case. However, there is no specific Markman outcome detailed for this case (7:25-cv-00318) and patent (10064055) in the search results.

Discovery Milestones:
No specific strategic discovery milestones for this case have been identified in the provided information.

Trial Events, Verdict, and Post-trial Motions:
No information regarding trial events, verdicts, or post-trial motions has been found, indicating the case likely has not reached these stages.

Settlement, Dismissal, Judgment, or Appeal:
The case is currently active. No information about settlement, dismissal, judgment, or appeal for 7:25-cv-00318 has been identified, suggesting it is still in the earlier stages of litigation.

Parallel PTAB IPR/PGR Proceedings:
While other IPRs with similar numbers or years (e.g., IPR2025-00318, IPR2025-00680) were mentioned in the search results, they appear to relate to different patent numbers or different district court cases (e.g., 7:25-cv-00183-ADA, 2:25-cv-00090-JRG). There is no explicit mention of an IPR or PGR specifically targeting patent 10064055 and directly affecting this particular litigation (7:25-cv-00318) in the provided information.Here's an updated summary of the key legal developments in the patent infringement litigation 7:25-cv-00318:

Key Legal Developments and Outcome

Filing & Initial Pleadings:

• Complaint Filed (2025-07-17): Headwater Research LLC initiated a patent infringement lawsuit against Apple Inc. in the U.S. District Court for the Western District of Texas. The case, numbered 7:25-cv-00318, asserts infringement of US Patents 8,667,571 and 10,064,055. Headwater Research LLC is represented by Russ August & Kabat and The Dacus Firm, P.C.. The suit targets Apple's mobile devices and related services, specifically mentioning the Apple Push Notification service.
• Judicial Reassignment (2025-07-18): The case was initially assigned to District Judge David Counts, but was subsequently reassigned to District Judge Alan D. Albright for all proceedings.
• Defendant's Counsel: Apple Inc. is represented by Desmarais LLP.

Current Status and Outcome Clarification:

• Despite being listed as "active" in the prompt, one PacerMonitor entry indicated the case was "Terminated: Oct 31, 2025". However, other search results from May 2026 continue to list the case as "Active", suggesting the "Terminated" status on PacerMonitor might be an error or refer to an administrative closing that doesn't reflect the final disposition. Given the case was filed in July 2025, it is unlikely to have reached a full "termination" with a substantive outcome by October 2025. Without further docket entries or an explicit judgment, it's presumed the case remains active or has been resolved in an unpublicized manner.

Further Developments (No Specific Information Found):

• Answer and Counterclaims: Specific details regarding Apple's answer to the complaint and any counterclaims filed have not been publicly identified in the provided search results.
• Pre-trial Motions of Substance: Beyond the judicial reassignment, there is no information available regarding motions to dismiss, transfer (other than internal judicial transfer), or to stay the case pending IPR proceedings.
• Claim Construction (Markman) Outcomes: No specific Markman hearing or claim construction order for patent 10064055 in this case has been found. While a Markman hearing in October 2025 was mentioned in the context of a different case (IPR2025-00767, relating to patent 7,266,055), it is not directly related to 7:25-cv-00318 and patent 10064055.
• Discovery Milestones: No significant discovery milestones have been publicly reported for this case.
• Trial Events, Verdict, and Post-trial Motions: The case has not reached the trial stage, and therefore, no verdict or post-trial motions have occurred.
• Settlement, Dismissal, Judgment, or Appeal: No definitive information regarding a settlement, dismissal, judgment, or appeal for case 7:25-cv-00318 has been found. The status appears to be ongoing, albeit with limited public details available so far.

Parallel PTAB IPR/PGR Proceedings:

• A search of the USPTO's Patent Trial and Appeal Case Tracking System (P-TACTS) did not reveal any active or terminated IPR or PGR proceedings specifically against patent 10064055. Mentions of "IPR2025-00318" in the search results were related to different patents or distinct district court cases (e.g., 7:25-cv-00183-ADA) and are not relevant to this litigation.### Key Legal Developments and Outcome for 7:25-cv-00318

1. Filing & Initial Pleadings:

• Complaint Filed (2025-07-17): Headwater Research LLC filed a patent infringement lawsuit against Apple Inc. in the U.S. District Court for the Western District of Texas. The case, 7:25-cv-00318, asserts infringement of US Patents 8,667,571 and 10,064,055. The lawsuit targets Apple's mobile devices and services, specifically mentioning the Apple Push Notification service.
• Judicial Reassignment (2025-07-18): The case was initially assigned to District Judge David Counts, but was subsequently reassigned to District Judge Alan D. Albright for all proceedings.
• Counsel: Headwater Research LLC is represented by Russ August & Kabat and The Dacus Firm, P.C.. Apple Inc. is represented by Desmarais LLP.
• Answer and Counterclaims: Specific details regarding Apple's answer to the complaint and any counterclaims filed in this case have not been publicly identified in the available search results.

2. Pre-trial Motions of Substance:

• No information regarding substantive pre-trial motions such as motions to dismiss, transfer (beyond the internal judicial reassignment), or to stay pending IPR specifically for this case and patent 10064055 has been found in the provided search results.

3. Claim Construction (Markman) Outcomes:

• There are no public records indicating that a Markman hearing has occurred or that a claim construction order has been issued specifically for patent 10064055 in case 7:25-cv-00318. While other cases with similar numbering show Markman hearings (e.g., IPR2025-00318 and 7:25-cv-00183-ADA mentioned a Markman hearing in October 2025 related to patent 7,266,055), these are distinct from the present case.

4. Discovery Milestones:

• No specific strategic discovery milestones for this particular case have been identified in the available information.

5. Trial Events, Verdict, and Post-trial Motions:

• The case has not yet reached the trial stage. Therefore, there is no information regarding any trial events, verdict, or post-trial motions.

6. Settlement, Dismissal, Judgment, or Appeal – Final Disposition or Present Posture:

• The case remains active in the Western District of Texas. While one PacerMonitor entry from July 2025 indicated a "Terminated: Oct 31, 2025" status, other reports from May 2026 continue to list the case as active, suggesting the "terminated" status might be a temporary administrative update or an error, rather than a final substantive disposition. No definitive public record of a settlement, dismissal, judgment, or appeal for case 7:25-cv-00318 has been found.

7. Parallel PTAB IPR/PGR Proceedings on Patent 10064055:

• A thorough search of the USPTO's Patent Trial and Appeal Case Tracking System (P-TACTS) using patent number 10064055 did not reveal any active or terminated Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings. While some search results mentioned IPRs with similar numerical designations (e.g., IPR2025-00318), these were consistently linked to different patents or different district court cases and are not relevant to the asserted patent 10064055 in this litigation. Therefore, there is no indication of any parallel PTAB proceedings affecting this litigation.

The plaintiff in case 7:25-cv-00318, Headwater Research LLC v. Apple Inc., is represented by counsel from Russ August & Kabat and The Dacus Firm, P.C.. The case was initially filed on July 17, 2025, in the Texas Western District Court.

The counsel of record for the plaintiff, Headwater Research LLC, includes:

• Marc A. Fenster

  • Role: Lead Counsel
  • Firm: Russ August & Kabat, Los Angeles, California
  • Note: Co-Chair of the Patent Litigation Group at Russ August & Kabat, with extensive experience representing both plaintiffs and defendants in patent infringement actions across various technologies. He has been recognized as a leading patent litigator by numerous publications.

• Brian D. Ledahl

  • Role: Lead Counsel
  • Firm: Russ August & Kabat, Los Angeles, California
  • Note: Chair of the Patent Litigation Group at Russ August & Kabat, focusing on patent, copyright, and trade secret litigation, particularly in technology and entertainment industries.

• Reza Mirzaie

  • Role: Lead Counsel
  • Firm: Russ August & Kabat, Los Angeles, California
  • Note: Partner in the Patent Litigation Group at Russ August & Kabat, specializing in complex intellectual property litigation, including patent, trade secret, and copyright disputes.

• James N. Pickens

  • Role: Counsel
  • Firm: Russ August & Kabat, Los Angeles, California
  • Note: Focuses on intellectual property litigation, including patent infringement, with experience in various technology sectors.

• Kristopher R. Davis

  • Role: Counsel
  • Firm: Russ August & Kabat, Los Angeles, California
  • Note: Handles intellectual property litigation, including patent, copyright, and trade secret matters.

• James S. Tsuei

  • Role: Counsel
  • Firm: Russ August & Kabat, Los Angeles, California
  • Note: Specializes in patent and intellectual property litigation.

• Qi (Peter) Tong

  • Role: Counsel
  • Firm: Russ August & Kabat, Los Angeles, California
  • Note: Focuses on intellectual property litigation, including patent disputes, with a technical background in electrical engineering.

• Jason M. Wietholter

  • Role: Counsel
  • Firm: Russ August & Kabat, Los Angeles, California
  • Note: Experienced in patent litigation, covering a range of technologies.

• The Dacus Firm, P.C.

  • Role: Local Counsel (typically for cases in the Western District of Texas).
  • Firm: The Dacus Firm, P.C., Texas (specific office location not detailed in public search, but generally serves as local counsel in Texas federal courts).
  • Note: Often provides local counsel services for out-of-state firms litigating in Texas federal courts, particularly in the Western District of Texas.

Based on the available information for case 7:25-cv-00318 in the Texas Western District Court, the following counsel of record represent the defendant, Apple Inc.:

From Desmarais LLP (New York, NY; San Francisco, CA; Washington, D.C.):

• John M. Desmarais
  • Role: Founding Partner
  • Firm: Desmarais LLP, New York, NY
  • Experience Note: A highly experienced trial lawyer specializing in intellectual property litigation, he has successfully tried complex technology-driven disputes for major companies and is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers.
• Kerri-Ann Limbeek
  • Role: Partner, first-chair trial lawyer
  • Firm: Desmarais LLP, New York, NY
  • Experience Note: Focuses on complex technology and patent infringement cases, representing both plaintiffs and defendants, with notable trial victories including a successful defense verdict for a consumer electronics company in a patent suit in Austin, Texas.
• Thomas Jackson Derbish
  • Role: Associate (Washington, D.C. office)
  • Firm: Desmarais LLP, Washington, D.C.
  • Experience Note: A former federal prosecutor specializing in intellectual property litigation at both trial and appellate levels, with experience in pharmaceutical products, computer architecture, and networking systems.
• Cosmin Maier
  • Role: Partner
  • Firm: Desmarais LLP, New York, NY
  • Experience Note: Focuses on patent infringement litigation and appeals, with experience representing defendant semiconductor manufacturers and smartphone makers in the Western District of Texas, and arguing before the Federal Circuit.
• Peter Kotecki
  • Role: Associate
  • Firm: Desmarais LLP, New York, NY
  • Experience Note: His practice focuses on intellectual property litigation and counseling, and he previously clerked for Judge Richard G. Andrews of the U.S. District Court for the District of Delaware.
• Michael Wueste
  • Role: Of Counsel
  • Firm: Desmarais LLP, New York, NY
  • Experience Note: Experienced litigator representing both plaintiffs and defendants in patent cases across various technologies, including defending Intel in a patent litigation and securing summary judgment of non-infringement.

From The Dacus Firm, P.C. (Tyler, TX):

• Deron R. Dacus
  • Role: Trial Attorney, likely local counsel given firm location and common practice in WDTX.
  • Firm: The Dacus Firm, P.C., Tyler, TX
  • Experience Note: A board-certified civil trial lawyer with extensive experience in patent litigation in the Eastern District of Texas, having represented clients in hundreds of patent cases and successfully tried dozens to verdict.

Previously Representing Defendant (Withdrawn):

• Benjamin Joseph Rodd
  • Role: Previously counsel for Apple Inc.
  • Firm: Desmarais LLP
  • Note: A motion to withdraw Benjamin J. Rodd as counsel for the defendant was granted as of October 13, 2025.