Untitled case

This patent infringement lawsuit, filed by Skysong Innovations LLC, involves U.S. Patent 10,574,721 and is currently active in the Eastern District of Texas. Skysong Innovations LLC is identified as the exclusive intellectual property management and technology transfer organization for Arizona State University (ASU), focusing on commercializing ASU's research and inventions for societal impact.

The defendant in this specific case (2:25-cv-00098) is Fortinet Inc. Skysong Innovations alleges that Fortinet's "Security Fabric" products and services infringe the asserted patent. The asserted patent, US Patent 10,574,721, is titled "Systems and methods for an automatic fresh browser instance for accessing internet content."

This case was filed on January 31, 2025, in the U.S. District Court for the Eastern District of Texas. While a specific judge for this case wasn't immediately found in all searches, other related cases by Skysong Innovations in the EDTX show judges like Robert W. Schroeder, III (though that was 5:25-cv-00098, a different case number for a different plaintiff) and indicate that Judge Rodney Gilstrap (JRG) has been assigned to a related Skysong Innovations case (2:25-cv-00098-JRG, in an IPR filing context), suggesting he may be the judge for this specific case as well. The Eastern District of Texas is a well-known venue for patent litigation due to its historically plaintiff-friendly procedural rules and accelerated trial schedules.

This litigation is notable as it represents a pattern of university-linked entities like Skysong Innovations asserting patents in the cybersecurity sector, a trend that has drawn attention in the patent landscape. Furthermore, the patent at issue, US 10,574,721, has been challenged in at least one Inter Partes Review (IPR) proceeding (IPR2025-01400), filed by CrowdStrike Inc. against Skysong Innovations LLC. This IPR, however, was status as "Discretionary Denial" as of January 16, 2026. CrowdStrike is also a defendant in a parallel suit filed by Skysong Innovations in the Western District of Texas. Such IPR filings are common defense strategies in patent litigation.

Skysong Innovations LLC v. Fortinet, Inc.: Key Legal Developments (2:25-cv-00098)

This patent infringement lawsuit, filed by Skysong Innovations LLC against Fortinet, Inc. in the Eastern District of Texas, concerns U.S. Patent No. 10,574,721, along with U.S. Patents Nos. 10,313,385, 11,275,900, 11,775,831, and 11,892,897. The case is actively proceeding through pre-trial stages.

Key Legal Developments:

• Filing & Initial Pleadings:

  • Skysong Innovations LLC filed the patent infringement complaint against Fortinet, Inc. on January 31, 2025, in the U.S. District Court for the Eastern District of Texas (Case No. 2:25-cv-00098). The asserted patents, including the initially specified 10,574,721, relate to cybersecurity technologies such as data-driven game theoretic cyber threat mitigation, dark web forum analysis, cascaded computing for neural networks, and vulnerability prediction.
  • Fortinet, Inc. has entered appearances through counsel and filed a demand for a jury trial. Specific details of Fortinet's answer and any counterclaims are not publicly available in the provided search results.

• Pre-trial Motions of Substance:

  • A Docket Control Order was signed on May 30, 2025, by District Judge Rodney Gilstrap. This order set key dates for the litigation.

• Claim Construction (Markman) Outcomes:

  • A Joint Claim Construction and Prehearing Statement (P.R. 4-3) was filed by both parties.
  • A Markman Hearing was scheduled for May 12, 2026, before District Judge Rodney Gilstrap. As of today's date (May 27, 2026), the specific outcome or a published order from this hearing is not yet publicly available in the provided search results.

• Discovery Milestones:

  • No specific strategic discovery milestones are detailed in the provided search results beyond the progression indicated by the docket control order.

• Trial Events, Verdict, and Post-trial Motions:

  • A Pretrial Conference is set for September 28, 2026, and Jury Selection is scheduled for November 2, 2026. Therefore, no trial events, verdict, or post-trial motions have occurred in this case.

• Final Disposition or Present Posture:

  • The case remains in active litigation, proceeding towards trial in late 2026.

• Parallel PTAB IPR/PGR Proceedings:

  • Several Inter Partes Review (IPR) petitions have been filed against some of the patents asserted by Skysong Innovations LLC in this and a parallel case (7:25-cv-00040 against CrowdStrike Inc.). These IPRs were filed by CrowdStrike Inc., not Fortinet, Inc., based on the available information.
    • IPR2025-01399 was filed against U.S. Patent No. 11,775,831.
    • IPR2025-01398 was filed against U.S. Patent No. 11,275,900.
    • IPR2025-01397 was filed against U.S. Patent No. 10,313,385.
    • IPR2025-01170 was filed against U.S. Patent No. 11,892,897.
  • Skysong Innovations, LLC argued against the institution of some of these IPRs, citing the advanced parallel district court litigation with trial dates approaching the potential Final Written Decision deadlines.
  • There is no indication in the publicly available search results of Fortinet, Inc. having filed any IPR or PGR petitions against U.S. Patent No. 10,574,721 or the other asserted patents in this specific litigation.

Skysong Innovations LLC is represented by a team of attorneys from several firms. Key Kesan Dallmann PLLC, based in Washington D.C., filed the initial complaints for Skysong. Local counsel in the Eastern District of Texas typically include firms like Gillam & Smith LP and Ward, Smith & Hill, PLLC, known for their patent litigation experience in the region.

Here's a breakdown of the counsel of record for Skysong Innovations LLC:

Key Kesan Dallmann PLLC (Washington D.C. office)

• Cecil E. Key: Attorney involved in filing the initial complaints for Skysong.

Gillam & Smith LP (Tyler, Texas / Marshall, Texas)

• Gillam & Smith LP has extensive experience representing both plaintiffs and defendants in federal court patent infringement litigation throughout Texas and has served as local or trial counsel in over a thousand intellectual property disputes. The firm is experienced with a wide array of technological innovations, including network communication patents and software for virtual private networks.

Ward, Smith & Hill, PLLC (Longview, Texas)

• This firm has a national reputation in high-stakes claims involving complex commercial litigation and intellectual property law, and its attorneys regularly appear before federal courts in the Eastern District of Texas.
• Wesley Hill: A veteran of East Texas courts, he has successfully tried numerous cases to verdict, including more than a dozen patent infringement trials.
• Andrea Fair: Recognized for excellence in intellectual property litigation, she has secured significant jury verdicts in patent infringement cases.
• Johnny Ward: Founder of the firm, he has successfully tried numerous complex cases to verdict, including patent infringement and theft of trade secrets, against major companies.
• T. John Ward: Of Counsel; a former U.S. District Court Judge for the Eastern District of Texas, he presided over hundreds of patent cases and numerous complex commercial cases during his 12-year tenure on the bench. His current practice focuses on patent and complex commercial cases, as well as mediation and arbitration.

In-house Counsel for Skysong Innovations LLC:

• Augustine V. Cheng, J.D. (CEO and Chief Legal Officer): Augustine Cheng has been CEO and Chief Legal Officer of Skysong Innovations since July 2007. He was the founder and chief counsel of the Patent & Licensing Group in the Office of the General Counsel at Columbia University, where he supervised IP attorneys and was responsible for legal affairs related to patent protection, licensing, and litigation. He has private practice experience as a litigation attorney at Cravath, Swaine & Moore and Schulte Roth & Zabel.
• Todd Glenn, J.D. (General Counsel): Todd Glenn joined Skysong Innovations in January 2013 and is responsible for contractual, litigation, intellectual property, corporate governance, and compliance matters. His prior experience includes supporting litigation and intellectual property matters involving patents, trademarks, copyrights, trade secrets, and licensing at local law firms.
• Mason McCarty, J.D. (Assistant General Counsel): Mason McCarty joined Skysong Innovations in September 2022. His responsibilities include licensing and technology transactions, compliance, complex commercial contracts, litigation, and startup development. He previously worked as an attorney at Messner Reeves, LLP, in their Complex Commercial Litigation and Labor & Employment practice groups. He was also a named inventor on five U.S. patents prior to practicing law.
• Shen Yan, J.D. (Associate Director of Intellectual Property Services): Shen Yan is a registered patent attorney who works closely with faculty and pursues legal protection for ASU innovation in the Physical Sciences space. Prior to joining Skysong Innovations, he worked in private practice handling patent prosecution matters and as an engineer for Intel Corp. and a software developer for a startup.

It is important to note that some docket monitoring services also list attorneys from Cahill Gordon & Reindel LLP, specifically Halima Shukri Ndai, Alfonso Garcia Chan, Christopher Campbell, and Matthew David Wood, and Britton F Davis, in relation to the case filing. However, their specific roles (e.g., lead or local) were not explicitly detailed in the search results beyond their firm affiliation with the initial filing.

Fortinet Inc. is represented by a team of attorneys from several firms. Based on docket entries, the following counsel have made appearances for Fortinet:

• Andrew Dale Gish

  • Role: Counsel
  • Firm: Gish PLLC
  • Office Location: Not specified in search results, but Gish PLLC appears to be a Texas-based firm often involved in Eastern District of Texas patent litigation.
  • Relevant Experience: Andrew Gish has appeared in numerous patent cases in the Eastern District of Texas.

• Lindsay Cooper Hayman

  • Role: Counsel (Pro Hac Vice)
  • Firm: Debevoise & Plimpton LLP
  • Office Location: Not specified in search results, but Debevoise & Plimpton has offices in various major cities including New York, Washington D.C., and London.
  • Relevant Experience: No specific past cases or experience immediately found for Ms. Hayman. However, Debevoise & Plimpton is a prominent firm often involved in high-stakes litigation.

• John M. Neukom

  • Role: Counsel
  • Firm: Debevoise & Plimpton LLP
  • Office Location: Not specified in search results.
  • Relevant Experience: John M. Neukom previously represented Fortinet, Inc. in a patent infringement case against Forescout Technologies, Inc. in the Northern District of California (No. 20-cv-03343-EMC), where he argued on issues of patent eligibility.

• Melissa Richards Smith

  • Role: Local Counsel
  • Firm: Gillam & Smith, LLP
  • Office Location: Marshall, Texas (common for local counsel in EDTX cases).
  • Relevant Experience: Melissa Smith is a well-known local counsel in the Eastern District of Texas, frequently appearing in patent infringement cases. She filed the Answer to the Complaint and other initial disclosures for Fortinet in this case.

• Josef Bryks Schenker

  • Role: Counsel
  • Firm: Gish PLLC
  • Office Location: Not specified in search results.
  • Relevant Experience: Josef Schenker is also listed as appearing on behalf of Fortinet.

• Ryan Iwahashi

  • Role: Counsel
  • Firm: Gish PLLC
  • Office Location: Not specified in search results.
  • Relevant Experience: Ryan Iwahashi is listed as appearing on behalf of Fortinet.

It's worth noting that Quinn Emanuel Urquhart & Sullivan, LLP has represented Fortinet in other patent litigation matters, including against Network Protection Sciences LLC and Netskope, Inc.. However, based on the available docket information for Skysong Innovations LLC v. Fortinet Inc. (2:25-cv-00098), Quinn Emanuel attorneys have not appeared in this specific case.