Litigation
Untitled case
ongoing2:25-cv-00752
Patents at issue (1)
Summary
A patent infringement case concerning patent 10656906 was filed in the Texas Eastern District Court, identified by case number 2:25-cv-00752, and is currently ongoing.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
The patent infringement case, 2:25-cv-00752, was filed on July 30, 2025, in the U.S. District Court for the Eastern District of Texas, Marshall Division. The plaintiff is Zophonos Inc., an entity incorporated in 2019 by its sole inventor, Levaughn Denton, and is described as an "inventor-controlled plaintiff" and partially owned by MGC, an "Intellectual Property Rights Strategist," suggesting its operation as a Patent Assertion Entity (PAE) or Non-Practicing Entity (NPE). The defendants are Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc., major operating companies known for their consumer electronics. Zophonos alleges that Samsung's audio products, specifically the Galaxy Buds Pro earbuds, Galaxy smartphones, tablets, TVs, and soundbars, infringe patent 10656906 and other related patents. The accused technology centers on dynamic audio processing systems that use microphones in earbuds to detect ambient sounds, process this information via the Galaxy Wearable application on a smartphone, and intelligently adjust audio output based on user-selected modes like "Ambient Sound," "Conversation Mode," "Siren Detect," "Adapt sound," and "Voice Detect." The asserted patent 10656906 generally relates to a system configured to monitor sound parameters, such as amplitude and frequency, and, if they fall outside a predetermined threshold, alter the sound before outputting it to address undesirable or hazardous audio levels.
The case is being heard by District Judge Rodney Gilstrap. Upcoming key dates include a Markman/Claim Construction Hearing set for November 24, 2026, and jury selection scheduled for May 17, 2027. The Eastern District of Texas is a prominent venue for patent litigation, often referred to as a "rocket docket" due to its expedited trial schedule and specific local rules for patent cases. Historically, it has been favored by plaintiffs for its reputation for plaintiff-friendly outcomes, higher success rates for patentees, and a tendency for juries to issue large damage awards. Although recent venue reforms have aimed to limit forum shopping, the district remains a significant jurisdiction for patent disputes.
This litigation is notable due to the assertion pattern of an inventor-controlled entity, Zophonos, against a global consumer electronics giant like Samsung, targeting popular high-value products in the audio technology market. The aggressive nature of the legal battle is further underscored by the initiation of parallel proceedings at the Patent Trial and Appeal Board (PTAB), with Samsung having filed an Inter Partes Review (IPR2026-00084) against a patent related to this case on November 10, 2025. Such parallel proceedings often indicate a multi-front strategy by defendants to challenge patent validity while defending against infringement claims in district court.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
This patent infringement litigation, Zophonos Inc. v. Samsung Electronics America, Inc. et al., Case No. 2:25-cv-00752, is currently ongoing in the U.S. District Court for the Eastern District of Texas. It primarily concerns U.S. Patent No. 10,656,906.
Here are the key legal developments in chronological order:
2025-07-30: Complaint Filed
Zophonos Inc. filed a patent infringement complaint against Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. in the Eastern District of Texas. The complaint alleged infringement of three patents related to systems for sensing, analyzing, and autonomously modifying audio frequencies in real-time, including U.S. Patent No. 10,656,906. Patent 10,656,906 was issued on May 19, 2020.2025-12-08: First Amended Complaint Filed
Zophonos Inc. filed a First Amended Complaint for Patent Infringement. This filing effectively mooted a partial Rule 12(b)(6) motion to dismiss that Samsung had previously filed against the original complaint.2025-12-10: Docket Control Order Issued
District Judge Rodney Gilstrap issued a Docket Control Order, setting key dates for the litigation. A Markman/Claim Construction Hearing was scheduled for November 24, 2026, a Pretrial Conference for April 12, 2027, and Jury Selection for May 17, 2027.2025-12-11: Discovery Order Issued
A Discovery Order was signed by District Judge Rodney Gilstrap.2025-12-19: Protective Order Issued
District Judge Rodney Gilstrap signed a Protective Order for the case.2025-12-23: First Amended Docket Control Order Issued
A First Amended Docket Control Order was signed by District Judge Rodney Gilstrap, addressing a joint motion to amend the previous docket control order.
Current Posture:
The case is currently active and in the pre-trial phase, with significant milestones like the Markman hearing and trial scheduled for late 2026 and mid-2027, respectively. No verdict, settlement, or final judgment has been reached.
Parallel PTAB IPR/PGR Proceedings:
A search for Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings specifically for U.S. Patent No. 10,656,906 did not yield any immediate public results indicating active or concluded IPR/PGR proceedings for this patent. While some general discussions about IPRs and motions to stay were found, they were not directly tied to patent 10656906 in this case. Therefore, there is no definitive information about parallel PTAB proceedings affecting this litigation at this time.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Susman Godfrey
- Andres C. Healy · lead counsel
- Kelsey Hanna Tuohy · counsel
*Counsel for Plaintiff Zophonos Inc. in Zophonos Inc. v. Samsung Electronics America, Inc., Case No. 2:25-cv-00752 (E.D. Tex.)*
The plaintiff, Zophonos Inc., is represented by attorneys from Susman Godfrey LLP and Miller Fair Henry PLLC.
Here is a breakdown of the identified counsel:
Andres C. Healy
- Role: Attorney in Charge (Lead Counsel)
- Firm: Susman Godfrey LLP
- Office Location: Houston, Texas (often handles Eastern District of Texas cases)
- Relevant Experience: Andres Healy is a partner at Susman Godfrey LLP and has significant experience in high-stakes patent litigation. He has represented both plaintiffs and defendants in various technology sectors.
Kelsey Hanna Tuohy
- Role: Counsel
- Firm: Susman Godfrey LLP
- Office Location: Houston, Texas (often handles Eastern District of Texas cases)
- Relevant Experience: Kelsey Tuohy is an attorney at Susman Godfrey LLP, focusing on complex commercial litigation, including patent disputes.
Miller Fair Henry PLLC
- Role: Local Counsel (commonly, for firms not based in the Eastern District of Texas)
- Office Location: Tyler, Texas (typical for local counsel in E.D. Tex. cases)
- Relevant Experience: Miller Fair Henry PLLC is a Texas-based firm often serving as local counsel in the Eastern District of Texas, providing expertise in local court rules and procedures for out-of-state lead counsel. Specific attorneys from this firm would likely have entered individual appearances, though their names are not explicitly listed in the immediately available top-level docket summary.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Arnold & Porter Kaye Scholer
- Abby Lynn Parsons · lead counsel
- Daniel S. Shimell · lead counsel
- Robert W. Stout · lead counsel
- Ali R. Sharifahmadian · lead counsel
- Jin-Suk Park · lead counsel
- The Zimmerman Firm
- Jacob Zimmerman · lead counsel
- Gillam & Smith
- Melissa Richards Smith · local counsel
Here is the counsel of record representing the defendant(s), Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc., in the patent infringement case 2:25-cv-00752:
Lead Counsel (National Counsel)
Abby Lynn Parsons
- Firm: Arnold & Porter Kaye Scholer LLP
- Office Location: Houston, Texas
- Relevant Patent Litigation Experience: A first-chair trial lawyer, Abby Parsons specializes in complex intellectual property cases, including patent, trademark, trade secret, and false advertising disputes, across various technologies such as pharmaceuticals, medical devices, software, and electronics. She also advises on intellectual property transactions, licensing, and due diligence.
Daniel S. Shimell
- Firm: Arnold & Porter Kaye Scholer LLP
- Office Location: Los Angeles, California
- Relevant Patent Litigation Experience: Daniel Shimell is an experienced litigator with a practice that includes intellectual property. He has served on defense teams that successfully obtained jury verdicts for clients accused of misappropriating trade secrets.
Robert W. Stout
- Firm: Arnold & Porter Kaye Scholer LLP
- Office Location: New York, New York
- Relevant Patent Litigation Experience: Robert Stout focuses on complex intellectual property disputes in federal district court, the Patent Trial and Appeal Board (PTAB), and the International Trade Commission (ITC), involving technologies such as pharmaceuticals, mechanical devices, and electronics. He was part of the trial team that secured a non-infringement verdict for Charter Communications in a patent dispute in the Eastern District of Texas.
Ali R. Sharifahmadian
- Firm: Arnold & Porter Kaye Scholer LLP
- Office Location: Washington, D.C.
- Relevant Patent Litigation Experience: Ali Sharifahmadian concentrates on intellectual property litigation, including patent, trade secret, and unfair competition cases. His experience spans various technologies such as semiconductor circuits, computer architecture, telecommunications, software design, and medical testing equipment. He has represented leading electronics manufacturers in patent infringement cases related to semiconductor architecture and audio compression.
Jin-Suk Park
- Firm: Arnold & Porter Kaye Scholer LLP
- Office Location: Washington, D.C.
- Relevant Patent Litigation Experience: Jin-Suk Park litigates patents in U.S. district courts and before the PTAB, specializing in telecommunications, computer semiconductors, and integrated circuits. He is noted for his strategic approach to complex, high-value patent disputes and his expertise in advising Korean companies on intellectual property matters.
Jacob Zimmerman
- Firm: The Zimmerman Firm
- Office Location: Saint Paul, Minnesota (based on firm website contact information)
- Relevant Patent Litigation Experience: Jacob Zimmerman is the principal of a boutique law firm specializing in patent litigation and licensing. His firm's selected results include work in "AMD v Samsung", indicating prior experience in patent litigation representing Samsung. He appeared pro hac vice in this case, indicating he is not locally admitted in the Eastern District of Texas.
Local Counsel
- Melissa Richards Smith
- Firm: Gillam & Smith, LLP
- Office Location: Marshall, Texas
- Relevant Patent Litigation Experience: Melissa Richards Smith is a partner at Gillam & Smith, LLP, and is a highly experienced trial lawyer in the Eastern District of Texas. She has served as local counsel for visiting lawyers in over three thousand patent cases and has a strong track record of securing non-infringement and invalidity verdicts for defendants in patent litigation.