Litigation

Untitled case

unconfirmed

5:20-cv-00399

Patents at issue (1)

Summary

Docket listed in Google Patents family litigation record for US 10,080,204; parties and outcome not confirmed in narrative.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

I'll research this case before drafting the overview.

Case Overview & Background

Parties and their roles. The plaintiff side is Sol IP, LLC, a patent-holding/assertion entity (an NPE/PAE in the Stanford NPE database's "acquired patents" category) whose portfolio consists heavily of standards-essential patents acquired from third parties — most notably Korea's Electronics and Telecommunications Research Institute (ETRI) — covering LTE/4G, 5G and Wi-Fi. Sol IP monetizes both through litigation (E.D. Tex. actions against AT&T, Sprint and Verizon; later German and UPC suits against BYD and AGCO) and through licensing as a licensor in Avanci's 4G/5G Vehicle and Wi-Fi 6 Vehicles pools (ip fray on Sol IP joining Avanci Wi-Fi 6 Vehicles; Stanford NPE database, patent 10080204). The named defendant in the docket flagged in the case metadata is Intel Corporation, the semiconductor and modem/platform supplier. Importantly, the N.D. Cal. docket does not appear to be a merits infringement suit: third-party aggregator data shows the January 20, 2020 filing in No. 5:20-cv-00399 was a "Complaint Motion to Compel Compliance with Subpoena on Intel Corporation," with a supporting declaration and exhibits and a civil cover sheet, filed by Sol IP's counsel Oleg Elkhunovich (Susman Godfrey) (UniCourt docket summary). That description is consistent with an ancillary third-party subpoena-enforcement/discovery action in the district where Intel resides — most plausibly discovery sought from Intel (a non-party chipset/modems supplier) for use in Sol IP's Texas LTE cases. I could not verify the complaint's actual theory of relief or any § 1782 element on PACER; the precise statutory vehicle should be confirmed before relying on it.

Accused technology and asserted patents. In the merits litigation where this patent is actually asserted — Sol IP, LLC v. AT&T Mobility LLC, No. 2:18-cv-00526 (E.D. Tex.), consolidated with the Sprint and Cellco/Verizon actions — Sol IP grouped its patents into "LTE A," "LTE B" and "Wi-Fi" families. U.S. Patent No. 10,080,204 ("the '204 patent") is one of the ten "LTE B" patents and, per the court, "resulted from continuations based on the '031 Patent" and shares a "substantially similar specification" with it (Sol IP v. AT&T Mobility, Claim Construction Memorandum & Order (E.D. Tex.), via CourtListener). One-line technical sketch: the LTE-B family (including the '204 patent) concerns "cell search" — the procedures by which LTE user equipment scans a base station's downlink for synchronization signals to acquire timing and cell identity — and the accused technology is LTE/4G-compliant mobile devices and network equipment offered by the carrier defendants (with Intel's baseband/chipset products potentially relevant as the underlying component technology, which would explain the Intel discovery fight). Sol IP's own characterization in that case: the patents "concern cellular communications, in particular communications between base stations and mobile devices" and "relate to technologies incorporated into 3GPP's Long Term Evolution or LTE standards, also known as 4G." No other patent is identified in the metadata for No. 5:20-cv-00399, and I found no source confirming that the '204 patent itself was the subject of the N.D. Cal. subpoena dispute.

Procedural posture, venue, and why it matters. The N.D. Cal. case (No. 5:20-cv-00399, San Jose division per the "5-" prefix) was filed January 20, 2020; the assigned judge is not confirmed in the sources I could reach, and PACER access would be needed to state it. Venue there is functional rather than substantive: Intel is a Northern District of California resident, so a subpoena dispute involving Intel as a third party is properly litigated in that district, not in the Marshall/Tyler court where the infringement case sits. The substantive case — Sol IP v. AT&T/Sprint/Verizon — was before Judge Rodney Gilstrap in the Eastern District of Texas, the leading patent venue, and produced a detailed claim construction order covering the '031/'976/'204 family (available on CourtListener). The case is notable on several axes: (1) it is a textbook PAE assertion of standards-essential LTE patents against end-users/carriers rather than the handset OEMs, a pattern designed to reach deep-pocketed implementers and to complicate venue and damages; (2) it sits inside a dense IPR/PTAB overlay — e.g., Ericsson Inc. v. Sol IP, LLC, an IPR filed December 10, 2019 and since terminated (Law360 PTAB docket) — reflecting parallel validity challenges to Sol IP's acquired SEP portfolio; and (3) it illustrates the FRAND/SEP monetization ecosystem: Sol IP simultaneously enforced its cellular SEPs in U.S. courts and Germany/UPC while licensing the same portfolio through the Avanci pools, a dual-track strategy now central to connected-vehicle and IoT SEP licensing.

Sourcing caveats: the party identities, filing date, and subpoena-related character of No. 5:20-cv-00399 come from a third-party docket aggregator (UniCourt), not PACER; the assigned judge, the subpoena's issuing court and the resolution of the discovery dispute are unconfirmed. The connection between the N.D. Cal. docket and U.S. Patent No. 10,080,204 rests on the Google Patents litigation record cited in the existing case summary; the patent's claim-construction treatment is documented only in the separate E.D. Tex. litigation.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

I'll research this case systematically, starting with the docket and patent.

Let me identify the patent and docket directly.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

I'll research this case's docket and identify plaintiff counsel.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

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Verification status — important caveat up front

My searches against public web sources did not return a docket sheet, PACER entry, opinion, or press report naming the parties or counsel in No. 5:20-cv-00399 (N.D. Cal.). Google Patents/Scholar-style litigation records and the usual aggregators did not surface the case, and I hit a hard stop on further searching before I could confirm it. Accordingly:

  • I cannot confirm who the defendant(s) are, and therefore cannot confirm any attorney "of record" in this specific action.
  • Per your instruction not to invent counsel, I am not going to present any name below as counsel of record in 5:20-cv-00399. Anything unverified is labeled as such.

What I can confirm from the available record is the patent-side context and the counsel who represented the opposing party in the closely related N.D. Cal. litigation over the same patent family.

What the record does establish

  • U.S. Patent No. 10,080,204 (“the ’204 patent”) is a 10X Genomics patent. It was asserted by 10X against Bio-Rad Laboratories, Inc. in ITC Inv. No. 337-TA-1100, where the ALJ found no infringement of the ’204 patent (claims 27, 29, 31, 33) but found violations as to the ’024, ’468 and ’530 patents; the Commission affirmed non-violation as to the ’204 patent in its Nov. 2019 notice of review. (USITC Pub. 5077; Commission opinion exhibit)
  • The related N.D. Cal. action, 10X Genomics, Inc. v. Bio-Rad Laboratories, Inc., No. 3:18-cv-00209 (N.D. Cal., Judge Jon S. Tigar) — a 10X patent suit against Bio-Rad that was stayed under 28 U.S.C. § 1659 in favor of the ITC proceeding — is documented with a full docket and counsel appearances. (UniCourt docket summary)
  • Parallel Bio-Rad-side litigation over overlapping droplet/microfluidics patents includes Bio-Rad Labs. v. 10X Genomics, No. 1:15-cv-00152 (D. Del., Judge Richard G. Andrews) (Nov. 2018 jury verdict of willful infringement; $23.9M; permanent injunction July 2019, later affirmed in part/vacated in part by the Federal Circuit in Aug. 2020) and Bio-Rad Labs. v. 10X Genomics, No. 1:19-cv-12533 (D. Mass.). (Bio-Rad press release; D. Del. opinion index)

Counsel known to have appeared for Bio-Rad in the related N.D. Cal. case (No. 3:18-cv-00209) — NOT verified as counsel in 5:20-cv-00399

If 5:20-cv-00399 is indeed a 10X v. Bio-Rad matter (a hypothesis I could not confirm), the appearances to check first on the docket are the following, all from the UniCourt docket extract of the 2018 N.D. Cal. case:

Attorney Role in 3:18-cv-00209 Firm / office (as listed) Note
Kevin P.B. Johnson Lead / principal Bio-Rad counsel (listed first among defendant attorneys) Quinn Emanuel Urquhart & Sullivan, LLP — Redwood Shores, CA Frequent lead trial counsel in life-sciences/software patent cases; part of Bio-Rad’s Federal Circuit team.
Victoria F. Maroulis Bio-Rad counsel; filed the declaration supporting Bio-Rad’s successful § 1659 stay motion (Dkt. 18-1) Quinn Emanuel Urquhart & Sullivan, LLP — Redwood Shores, CA Patent litigator; also handled Bio-Rad’s ITC-related stay strategy.
David Leon Bilsker Bio-Rad counsel; signed the stipulation extending Bio-Rad’s response deadline (Dkt. 17) Quinn Emanuel Urquhart & Sullivan, LLP — San Francisco, CA Quinn Emanuel patent litigator, N.D. Cal. practice.

None of these three is confirmed as an appearance in 5:20-cv-00399, and their roles in that docket (lead vs. of counsel vs. local) are unverified. No in-house Bio-Rad counsel was identified in the materials I retrieved.

Where the answer will come from (recommended verification path)

  1. PACER docket for 5:20-cv-00399 — pull the "Attorneys" / "Parties" tab and Docket Entry #1 (complaint, which lists plaintiff’s counsel) and the first defendant filing (motion, answer, or corporate disclosure statement under Fed. R. Civ. P. 7.1), which carries the defense appearances and firm addresses.
  2. Civil cover sheet / Corporate Disclosure Statement (often Dkt. 8–15) — identifies parent corporations and confirms whether the defendant is Bio-Rad Laboratories, Inc., Bio-Rad Laboratories, Inc. (Hercules, CA), or another entity entirely (e.g., Celsee, Inc., or a 10X competitor), which would change the counsel answer completely.
  3. ADR/Initial Case Management Conference statement and the Joint Case Management Statement — these list full counsel of record with emails, firm, and office, and distinguish lead from local counsel.
  4. If any part of the docket is sealed or if defendant has been served but has not yet appeared (common in a 2020-filed case where the § 1659 stay was sought), the correct answer is that no defense counsel has appeared of record — check the Dkt. 18/19-style stay papers, which is exactly how Bio-Rad appeared (through Quinn Emanuel) in the 2018 case.

If you can share the caption or a docket PDF/text for 5:20-cv-00399, I will confirm each name, role, and firm address against the docket rather than by inference.