Untitled case

Wilus Institute of Standards & Technology, Inc., a Korean plaintiff identified as a Patent Assertion Entity (NPE) by Unified Patents, has initiated its first known US patent infringement litigation. The plaintiff, whose corporate parent is Good Day to Invent, Inc., filed suit against Askey Computer Corp. and Askey International Corp. in the Eastern District of Texas. Askey Computer Corp. is accused of infringing Wilus's patents through the provision of Wi-Fi 6 (802.11ax) enabled devices, including routers and other access point devices.

The case, 2:24-cv-00753, is one of a trio of complaints filed by Wilus in the Eastern District of Texas around the same time, with parallel lawsuits also launched against HP and Samsung, all concerning Wi-Fi 6 technology. The primary patent at issue in this specific case is US10313077, along with US10651992 and US11128421. These patents generally relate to the "PHY" or "physical layer" of wireless communications technology, essential components for Wi-Fi standards. The case has been assigned to Chief Judge Rodney Gilstrap, a prominent judge in the Eastern District of Texas, a venue widely recognized for its high volume of patent litigation and a reputation for being favorable to patent holders.

This litigation is notable as it marks Wilus Institute's entry into the US patent enforcement landscape, leveraging its portfolio of patents, which have historically seen transfers between Wilus and SK Telecom. The plaintiff has pleaded willful infringement, asserting that the defendants were aware of Wilus's patents and the need for a license, citing prior communications from Sisvel International regarding Askey's alleged use of Wilus patents. Furthermore, a related case brought by Wilus against Samsung (2:24-cv-00746) indicates that Samsung, a participant in the IEEE 802.11ax standard development, was aware of Wilus's "Letters of Assurance" to the IEEE Standards Association, signaling potential essential patent claims. A motion to stay proceedings pending Inter Partes Reviews (IPRs) has been filed in a related case (2:24-cv-00752) involving HP, suggesting that IPR challenges are a factor in this patent campaign. While specific IPRs for US10313077 were not immediately detailed, the presence of such motions in related cases implies a broader strategy by defendants to challenge the asserted patents at the Patent Trial and Appeal Board.

Here's a summary of the key legal developments and outcome for the patent infringement litigation Wilus Institute of Standards & Technology Inc. v. Askey Computer Corp., et al., Case No. 2:24-cv-00753, in the U.S. District Court for the Eastern District of Texas:

Key Legal Developments and Outcome:

• Filing & Initial Pleadings:

  • 2024-09-13: Plaintiff Wilus Institute of Standards & Technology Inc. filed a patent infringement lawsuit against Askey Computer Corp. and Askey International Corp. in the Eastern District of Texas, case number 2:24-cv-00753-JRG. This case is one of a trio of new complaints filed by Wilus Institute on or around this time, asserting six wireless communications patents, including US Patent 10,313,077, against various defendants for infringement related to Wi-Fi 6 (IEEE 802.11ax) enabled devices. The complaint specifically accuses Askey of infringing US Patent 10,313,077, among others, and pleads willful infringement, citing prior notice of infringement from Sisvel International to Askey in August 2022 and subsequent letters in 2023.
  • The case was assigned to Chief Judge Rodney Gilstrap.

• Pre-trial Motions of Substance:

  • 2026-04-23: The Court issued a Memorandum Opinion and Order regarding a Motion to Stay Proceedings Pending Inter Partes Review (IPR) filed by Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. Although the specific docket entry for this motion in the Askey case (2:24-cv-00753) isn't directly cited as being filed by Askey, the order explicitly references 2:24-cv-00753-JRG as a "MEMBER CASE" alongside the lead case 2:24-cv-00752-JRG (Wilus Institute v. HP Inc.) and other member cases including Wilus Institute v. Samsung (2:24-cv-00746-JRG). This indicates that the motion to stay was likely coordinated across the related cases and its outcome would affect 2:24-cv-00753. The court denied the motion to stay.

• Parallel PTAB IPR/PGR Proceedings:

  • Given the court's denial of a motion to stay pending IPR in April 2026, it is highly probable that IPR petitions were filed against US Patent 10,313,077. However, the provided search results do not contain specific details of any IPR petitions (e.g., petition numbers, petitioners, institution decisions) for US Patent 10,313,077. A direct search on the USPTO PTAB database would be necessary to confirm and detail any such proceedings.

Present Posture:
The case is currently active, as indicated by the denial of the motion to stay proceedings pending IPR on April 23, 2026. The litigation is proceeding in the Eastern District of Texas. Further developments regarding claim construction, discovery, or trial would typically follow the denial of a stay.

The plaintiff in this patent infringement case, Wilus Institute of Standards and Technology Inc., is represented by counsel from Russ August & Kabat and Miller Fair Henry PLLC.

Here is a breakdown of the counsel of record:

Firm: Russ August & Kabat

• Office Location: Los Angeles, California.

  • Marc A. Fenster

    • Role: Co-chair of the Litigation Department and chair of the Patent Litigation Department.
    • Relevant Patent Litigation Experience: A first-chair trial lawyer specializing in high-technology patent litigation, Mr. Fenster has secured significant jury verdicts, including a $279 million verdict for Headwater Research against Samsung in a patent suit over wireless push-messaging technology (EDTX 2023), and a $262 million jury verdict against Western Digital on patents related to magnetic recording media (CDCA 2024). He also led the team that won a $7.3 million jury verdict against Apple for infringement of two standards-essential cell phone patents (NDCA 2016).

  • Reza Mirzaie

    • Role: Co-chair of the plaintiff's patent infringement litigation department.
    • Relevant Patent Litigation Experience: Focuses on patent litigation and licensing, having obtained over $600 million for clients in the past five years. He was trial counsel in the $279 million jury verdict against Samsung and the $262 million jury verdict against Western Digital, and secured a $62.7 million jury verdict of willful infringement against Samsung in the Eastern District of Texas related to OLED and touchscreen technology (EDTX 2021).

  • Dale Chang

    • Role: Partner.
    • Relevant Patent Litigation Experience: Represents clients in high-stakes patent and trade secrets litigation, with significant trial experience. He was instrumental in winning a $175 million jury verdict for Headwater Research against Verizon in 2025 and helped secure the $279 million jury verdict against Samsung, and the $262 million jury verdict against Western Digital.

  • Jacob R. Buczko

    • Role: Partner.
    • Relevant Patent Litigation Experience: Focuses on patent litigation and has represented clients in biotechnology, pharmaceutical, chemical, and electronics industries. He was part of the Russ August & Kabat team that won a jury verdict of patent infringement for Nanology Alpha LLC against WITec Wissenschaftliche Instrumente Und Technologie GmbH (2018).

  • Neil A. Rubin

    • Role: Partner.
    • Relevant Patent Litigation Experience: Practices in the plaintiff's patent infringement litigation department, focusing on patent, trade secret, and other intellectual property litigation for clients in computer security, networking, electronics, software, and financial industries. He has helped clients recover over $1.7 billion in judgments and settlements.

  • Jonathan Ma

    • Role: Associate.
    • Relevant Patent Litigation Experience: Focuses on intellectual property matters and litigation with experience in mobile devices, laptops, networking hardware and software, wireless communications, and targeted online advertising. He was part of the team that won a $122 million jury verdict against Amazon relating to targeted online advertising.

Firm: Miller Fair Henry PLLC

• Office Location: Longview, Texas.

  • Andrea Leigh Fair
    • Role: Attorney.
    • Relevant Patent Litigation Experience: Admitted to the Texas bar in 2011. She is listed as "Patent Owner's Litigation Counsel of Record" in a power of attorney document from April 2025. While her practice areas are not explicitly reported as patent litigation by the State Bar of Texas, her consistent appearance as counsel for Wilus in Eastern District of Texas patent cases indicates significant involvement in patent litigation.

Here is the counsel of record representing the defendant(s), Askey Computer Corp. and Askey International Corp., in case 2:24-cv-00753:

Lead Counsel (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP)

• Ming-Tao Yang

  • Role: Lead Counsel
  • Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
  • Office Location: Specific office location for Ming-Tao Yang is not explicitly provided in the search results, but Finnegan is a large international IP firm.
  • Relevant Patent Litigation Experience: Ming-Tao Yang represents Askey in this patent infringement case, specifically in the context of Wilus seeking a permanent standard-essential patent (SEP) injunction.

• Jeffrey Daniel Smyth

  • Role: Lead Counsel
  • Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
  • Office Location: Specific office location for Jeffrey Daniel Smyth is not explicitly provided in the search results, but Finnegan is a large international IP firm.
  • Relevant Patent Litigation Experience: Jeffrey Daniel Smyth represents Askey in this patent infringement case, particularly regarding the motion for a permanent SEP injunction.

Local Counsel (Yarbrough Wilcox, PLLC)

• Herbert A. "Trey" Yarbrough, III
  • Role: Local Counsel (indicated by firm's stated role in Eastern District of Texas patent cases)
  • Firm: Yarbrough Wilcox, PLLC
  • Office Location: Tyler, Texas
  • Relevant Patent Litigation Experience: Herbert A. Yarbrough, III has appeared on behalf of Askey Computer Corp. and Askey International Corp. in the consolidated lead case 2:24-cv-00752, which includes 2:24-cv-00753. His firm, Yarbrough Wilcox, PLLC, explicitly lists "Patent Litigation" as a practice area and is often retained as local counsel for patent suits in the Eastern District of Texas. He has been selected to Super Lawyers for general litigation and personal injury.