Untitled case

Case Overview: Power2B, Inc. v. [[Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.)

This patent infringement litigation, filed in the U.S. District Court for the Eastern District of Texas under case number 2:21-cv-00348, involves plaintiff Power2B, Inc. asserting U.S. Patent No. 10,664,070 against defendants Samsung Electronics Co., Ltd., and Samsung Group. Power2B, Inc. appears to be a patent assertion entity (PAE) or non-practicing entity (NPE), though further details on its operations are not readily available in the provided sources. Samsung Electronics Co., Ltd., a well-known operating company, is a global leader in electronics, including the manufacturing of mobile devices and other consumer electronics. The patent at issue, U.S. Patent No. 10,664,070, generally relates to memory devices. The specific accused products, services, or technology beyond this general description would typically be detailed in the complaint or subsequent filings, but a precise identification is not available in the current search results.

The procedural posture places this case in the Eastern District of Texas, a venue historically favored by patent plaintiffs due to its reputation for a "rocket docket" with expedited trials and plaintiff-friendly verdicts. This district has consistently attracted a significant share of all U.S. patent lawsuits, often leading to increased costs for defendants due to the accelerated litigation schedule. While the Supreme Court's TC Heartland decision in 2017 aimed to restrict patent venue to a defendant's state of incorporation or where it has a regular and established place of business, the Eastern District of Texas judges have issued opinions that interpret the "regular and established place of business" prong broadly, potentially allowing for continued filings in the district. Judge Rodney Gilstrap is a prominent judge in this district known for handling a substantial number of patent cases.

Beyond the general trends of patent litigation in the Eastern District of Texas, specific notable aspects for this particular case, such as significant industry impact, unusual assertion patterns, or direct linkages to parallel IPR proceedings for the asserted patent, are not detailed in the provided search results. While one source mentions other cases filed by entities often associated with IP Edge and discusses IPRs generally, it does not provide specific IPR linkage for patent 10,664,070 in this particular lawsuit. Therefore, without further specific docket information or legal news coverage directly addressing these points for this case, its unique notability beyond the parties and venue remains undetailed.

The patent infringement litigation Power2B, Inc. v. Samsung Electronics Co., Ltd., et al. (Case No. 2:21-cv-00348) was filed in the Eastern District of Texas and involves U.S. Patent No. 10,664,070.

Here are the key legal developments and current posture of the case:

1. Filing & Initial Pleadings

• Complaint Filed: Power2B, Inc. filed its complaint against Samsung Electronics Co., Ltd. and Samsung Group on September 9, 2021, in the Eastern District of Texas. The complaint alleged infringement of U.S. Patent No. 10,664,070, among other patents (8816994, 7952570, 8547364, 9946369).
• Defendants' Appearance: Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. appeared as defendants.
• Answer & Counterclaims: Details regarding the defendants' answer and any counterclaims are not explicitly available in the provided search results but are standard initial pleadings.

2. Pre-trial Motions of Substance

• Motion to Stay Pending PTAB: A motion to stay pending PTAB proceedings was filed. Although the provided search results mention a motion to stay pending PTAB for "2:21-cv-00348" by Samsung Electronics America, Inc., it also refers to "GenghisComm Holdings, LLC" in the response, suggesting a potential mix-up with another case in an aggregated list of motions. For Power2B v. Samsung, further specifics on the filing and outcome of a motion to stay related to IPRs on patent 10,664,070 would require direct docket access.

3. Claim Construction (Markman) Outcomes

• The case reached the claim construction stage, with "Defendants' Identification of Claim Terms for Construction" filed pursuant to a Docket Control Order. A Markman hearing was undertaken by the District Court. The specific outcome of the Markman ruling is not detailed in the provided search results.

4. Discovery Milestones

• No specific strategic discovery milestones are explicitly detailed in the provided search results.

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

• A jury trial was demanded in the initial complaint. However, no information regarding trial events, verdict, or post-trial motions (such as JMOL, new trial, or fees) is available in the provided search results, suggesting the case did not proceed to trial or these events have not yet occurred.

6. Settlement, Dismissal, Judgment, or Appeal

• The current posture or final disposition of the case (settlement, dismissal, judgment, or appeal) is not explicitly stated in the provided search results. The case does not appear to have reached a final judgment or appeal based on the available information.

7. Parallel PTAB IPR/PGR Proceedings

• While a motion to stay pending PTAB was mentioned, the details regarding specific IPR/PGR proceedings on patent 10,664,070 and their effect on this litigation are not clearly specified in the available information. No IPR or PGR petitions specifically against U.S. Patent No. 10,664,070 by Samsung or related entities in connection with this case are detailed in the search results.

Plaintiff Power2B, Inc. in the case Power2B, Inc. v. Samsung Electronics Co., Ltd. (2:21-cv-00348) is represented by a combination of local and specialized patent litigation counsel.

Here's a breakdown of the counsel of record for the plaintiff:

• J. Mark Mann

  • Role: Lead Counsel
  • Firm: Mann Tindel & Thompson (formerly Mann Law Group), Tyler, Texas.
  • Experience: Mr. Mann is a partner at Mann Tindel & Thompson, focusing on complex civil litigation, including patent litigation. He is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and a Certified Civil Trial Specialist by the National Board of Trial Advocacy. He has been recognized as a Texas Monthly "Super Lawyer" every year since 2004 and is a Fellow of the American College of Trial Lawyers. His firm emphasizes results-driven intellectual property litigation for individuals and small businesses, often utilizing alternative fee arrangements.

• Adam P. Daniels

  • Role: Lead Counsel (Polsinelli PC)
  • Firm: Polsinelli PC, Los Angeles, CA (also with offices in Chicago, IL and Dallas, TX).
  • Experience: Mr. Daniels is a shareholder at Polsinelli PC and has led teams representing Power2B, Inc. in significant patent disputes, including appeals to the U.S. Court of Appeals for the Federal Circuit concerning inter partes review (IPR) proceedings against Samsung. In these proceedings, Polsinelli successfully defended Power2B's patent rights related to navigating and controlling handheld electronic devices.

• Jason A. Wietjes

  • Role: Lead Counsel (Polsinelli PC)
  • Firm: Polsinelli PC, Dallas, TX (also with offices in Los Angeles, CA and Chicago, IL).
  • Experience: Mr. Wietjes is a shareholder at Polsinelli PC and was part of the Polsinelli team that secured a Federal Circuit win for Power2B in IPR proceedings against Samsung.

• Mark T. Deming

  • Role: Lead Counsel (Polsinelli PC)
  • Firm: Polsinelli PC, Chicago, IL (also with offices in Los Angeles, CA and Dallas, TX).
  • Experience: Mr. Deming is a shareholder at Polsinelli PC and contributed to the Federal Circuit victory for Power2B against Samsung in IPR challenges.

• Andrea L. Fair

  • Role: Local Counsel
  • Firm: Ward, Smith & Hill, PLLC (as of October 1, 2024, Miller Fair Henry), Longview, Texas.
  • Experience: Ms. Fair is a trial lawyer known for her intellectual property litigation practice and has secured multi-million dollar verdicts in patent infringement cases. Ward, Smith & Hill has a national reputation in high-stakes intellectual property trials and is particularly recognized for its understanding of the Eastern District of Texas judges.

• Claire Abernathy Henry

  • Role: Local Counsel
  • Firm: Ward, Smith & Hill, PLLC (as of October 1, 2024, Miller Fair Henry), Longview, Texas.
  • Experience: Ms. Henry is a partner recognized for her work in patent litigation and handles high-stakes patent litigation matters in the Eastern and Western Districts of Texas.

• Charles Everingham IV

  • Role: Of Counsel (Local Counsel)
  • Firm: Ward, Smith & Hill, PLLC (as of October 1, 2024, Miller Fair Henry), Longview, Texas.
  • Experience: A former magistrate judge, Mr. Everingham is recognized for his work in intellectual property and patent litigation.

It's important to note that, effective October 1, 2024, the firm Ward, Smith & Hill, PLLC, where Andrea Fair, Claire Abernathy Henry, and Charles Everingham IV practice, will transition to Miller Fair Henry, with Ms. Fair and Ms. Henry becoming name partners. Former U.S. District Court Judge T. John Ward, also associated with Ward, Smith & Hill as Of Counsel, is recognized for his intellectual property litigation expertise, particularly in patent and complex commercial cases. While he is highly experienced, his specific role as counsel of record for Power2B in this particular case within the available search results is not explicitly stated beyond his general affiliation with the local counsel firm.

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The user is asking to identify the counsel of record for the defendant(s) in case 2:21-cv-00348. I need to find the names, roles, firms, office locations, and relevant experience for each attorney. I will use web search with the provided case number and party names to find this information, looking for docket entries, firm websites, and legal news.In the patent infringement case Power2B, Inc. v. Samsung Electronics Co., Ltd. (2:21-cv-00348) in the Eastern District of Texas, the following attorneys have been identified as representing the defendant(s), Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.:

From O'Melveny & Myers LLP:

• Ryan Yagura

  • Role: Lead Counsel (in related IPR, typically translates to lead or key counsel in co-pending district court case)
  • Firm & Office: O'Melveny & Myers LLP, Los Angeles, CA
  • Experience Note: Yagura is identified as lead counsel for Samsung in the IPR proceeding for U.S. Patent No. 10,664,070, which is the patent asserted in this district court case.

• Benjamin Haber

  • Role: First Back-Up Counsel (in related IPR)
  • Firm & Office: O'Melveny & Myers LLP, Los Angeles, CA
  • Experience Note: Haber is listed as first back-up counsel for Samsung in the IPR related to the '070 patent.

• Nicholas J. Whilt

  • Role: Back-Up Counsel (in related IPR)
  • Firm & Office: O'Melveny & Myers LLP, Los Angeles, CA
  • Experience Note: Whilt is listed as back-up counsel for Samsung in the IPR related to the '070 patent.

• William M. Fink

  • Role: Back-Up Counsel (in related IPR)
  • Firm & Office: O'Melveny & Myers LLP, Washington, DC
  • Experience Note: Fink is listed as back-up counsel for Samsung in the IPR related to the '070 patent.

In-House Counsel for Samsung Electronics:

While specific roles for this case are not explicitly stated for these individuals, their positions as in-house counsel for Samsung indicate involvement in managing patent litigation:

• Phillip Lee

  • Role: Principal Legal Counsel, Samsung Electronics US IP Center
  • Firm & Office: Samsung Electronics US IP Center
  • Experience Note: Lee is a veteran litigator with substantive experience in patent litigation, patent prosecution, and licensing. As in-house counsel, he manages a docket of patent cases with outside counsel, negotiates settlements, and advises on IP issues.

• Matthew Bathon

  • Role: Principal Legal Counsel, Samsung Electronics
  • Firm & Office: Samsung Electronics
  • Experience Note: Bathon coordinates Samsung's ITC and district court dockets and has experience litigating Section 337 investigations before the International Trade Commission (ITC) and IP disputes in district courts.

Other Firms and Attorneys for Samsung in Patent Litigation (General Experience):

Several other firms and attorneys have represented Samsung in patent litigation, demonstrating a broader pool of potential counsel or firms that may be involved in different aspects of the company's IP defense, though not directly linked to 2:21-cv-00348 in the provided snippets:

• Keker, Van Nest & Peters LLP

  • Robert A. Van Nest: Nationally recognized trial lawyer who frequently handles high-stakes intellectual property and complex business litigation for technology companies, including Google and Qualcomm. He has achieved favorable results for SanDisk in patent assertion litigations.

• Womble Bond Dickinson (US) LLP (formerly Diamond McCarthy LLP)

  • Matthew K. Blackburn: Accomplished trial and intellectual property lawyer with extensive experience in patent infringement claims involving diverse technologies, including electronics and software. He is also an experienced inter partes review (IPR) litigator. He joined Diamond McCarthy LLP in 2016 to lead their IP practice.

• DLA Piper

  • A DLA Piper team, including partners Sean Cunningham, Erin Gibson, Erik Fuehrer, Mark Fowler, Brian Erickson, Michael Jay, James Heintz, Gianni Minutoli, and Helena Kiepura, recently secured a victory for Samsung Electronics Co. in the Eastern District of Texas in a different patent infringement case, demonstrating their activity in this venue.

• Kirkland & Ellis

  • Kirkland & Ellis successfully defended Samsung in a $4 billion patent infringement lawsuit over semiconductor manufacturing patents in the Western District of Texas.

• Steven S. Baik

  • Role: Former Partner at various firms; also served as Chief IP Counsel at SanDisk.
  • Firm & Office: Previously with Sidley Austin LLP, Palo Alto, California.
  • Experience Note: Has extensive experience in intellectual property litigation, including cases involving semiconductors, power electronics, software, and semiconductor memory technologies.

• Dina Roumiantseva

  • Role: Counsel
  • Firm & Office: Tucker Ellis LLP, San Francisco, CA (formerly Morrison & Foerster LLP).
  • Experience Note: Focuses her IP practice on trademark counseling, prosecution, and litigation, as well as copyright infringement, cybersquatting, trade secrets, and contract disputes.

• David P. Gersch

  • While multiple individuals named David Gersch appear in search results, including one focused on juvenile law and another named Kathleen Gersh with experience in Hatch-Waxman litigation, there is no clear and direct link to David P. Gersch specifically representing Samsung in patent litigation for case 2:21-cv-00348 in the provided search results.

• Michael L. Brody

  • Several attorneys named Michael Brody appear in search results, with various specializations (tax, estates/trusts, environmental/mass tort, class action). There is no clear and direct link to Michael L. Brody specifically representing Samsung in patent litigation for case 2:21-cv-00348 in the provided search results.

It is important to note that the explicit identification of counsel of record for the district court case (2:21-cv-00348) primarily comes from the related IPR filing (IPR2022-00315), which explicitly cross-references the district court case. The O'Melveny & Myers LLP attorneys are listed as lead and back-up counsel for Samsung in that IPR, indicating their central role in defending the '070 patent.The following counsel of record represent the defendant(s), Samsung Electronics Co., Ltd. and Samsung Group, in the patent infringement case Power2B, Inc. v. Samsung Electronics Co., Ltd. (2:21-cv-00348) in the Eastern District of Texas:

O'Melveny & Myers LLP

The following attorneys from O'Melveny & Myers LLP are listed as counsel for Samsung in the related Inter Partes Review (IPR) proceeding (IPR2022-00315) concerning U.S. Patent No. 10,664,070, which is the patent at issue in this district court case. Their roles in the IPR strongly indicate their involvement as counsel in the co-pending district court litigation.

• Ryan Yagura

  • Role: Lead Counsel (in IPR, likely lead or key counsel in district court)
  • Firm & Office: O'Melveny & Myers LLP, Los Angeles, CA
  • Experience Note: Mr. Yagura is identified as lead counsel for Samsung in the IPR challenging U.S. Patent No. 10,664,070.

• Benjamin Haber

  • Role: First Back-Up Counsel (in IPR)
  • Firm & Office: O'Melveny & Myers LLP, Los Angeles, CA
  • Experience Note: Mr. Haber serves as first back-up counsel for Samsung in the IPR concerning the '070 patent.

• Nicholas J. Whilt

  • Role: Back-Up Counsel (in IPR)
  • Firm & Office: O'Melveny & Myers LLP, Los Angeles, CA
  • Experience Note: Mr. Whilt is listed as back-up counsel for Samsung in the IPR related to the '070 patent.

• William M. Fink

  • Role: Back-Up Counsel (in IPR)
  • Firm & Office: O'Melveny & Myers LLP, Washington, DC
  • Experience Note: Mr. Fink is listed as back-up counsel for Samsung in the IPR proceeding for the '070 patent.

Samsung Electronics (In-House Counsel)

While their specific appearance of record in the district court docket for this case was not explicitly detailed in the search results, the following individuals serve as in-house counsel for Samsung and are actively involved in managing the company's patent litigation efforts.

• Phillip Lee

  • Role: Principal Legal Counsel, Samsung Electronics US IP Center
  • Firm & Office: Samsung Electronics US IP Center
  • Experience Note: Mr. Lee is a seasoned litigator with extensive experience in patent litigation, prosecution, and licensing, managing patent case dockets with outside counsel, and negotiating settlements.

• Matthew Bathon

  • Role: Principal Legal Counsel, Samsung Electronics
  • Firm & Office: Samsung Electronics
  • Experience Note: Mr. Bathon is responsible for coordinating Samsung's ITC and district court dockets and has significant experience litigating intellectual property disputes in both forums.