Litigation

Untitled case

Litigation is ongoing.

2:24-cv-00974

Patents at issue (1)

Summary

A US District Court case filed in the Eastern District of Texas asserting US patent 10735320. The litigation is ongoing.

Case overview & background

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

This patent infringement litigation, case number 2:24-cv-00974, is being heard in the Eastern District of Texas. The plaintiff is K.Mizra LLC, which appears to be a non-practicing entity (NPE) or patent assertion entity (PAE), as its patent portfolio is noted to have "bounced around from monetization operation to monetization operation over the years." The defendants are Nokia Corporation, Nokia Solutions and Networks Oy, and Nokia of America Corporation, which are major operating companies in the telecommunications and networking industry. The lawsuit alleges that Nokia's networking products, including network operations solutions and router hardware, infringe K.Mizra's patents.

The primary patent at issue, as specified, is U.S. Patent No. 10,735,320, which generally concerns managing application traffic over a carrier network. In addition to the '320 patent, K.Mizra LLC has also asserted U.S. Patent No. 8,018,880, related to Layer 2 virtual private networks over Ethernet for faster traffic restoration after link failure, and U.S. Patent No. 9,749,249, pertaining to data traffic protection and redundancy in Layer 2 network traffic. The case is presided over by District Judge Rodney Gilstrap in the Marshall Division of the Eastern District of Texas. This venue is historically significant for patent litigation, often referred to as a "rocket docket" due to its plaintiff-friendly procedural rules, accelerated trial schedules, and a reputation for higher success rates for patent holders. While the Supreme Court's TC Heartland decision in 2017 aimed to restrict venue options, new litigation strategies, such as targeting foreign affiliates, have enabled plaintiffs to continue filing cases in the EDTX.

This case is notable due to the assertion of patents by an apparent NPE against a prominent operating company in the critical networking sector. The litigation has progressed to the claim construction phase, with a Memorandum Claim Construction Opinion and Order issued on April 14, 2026. The involvement of Nokia, a major player in telecommunications infrastructure, suggests potential industry impact. Furthermore, there is related activity concerning the '320 patent, including an inter partes review (IPR2025-01364) filed against K.Mizra LLC by Ciena Corporation, indicating challenges to the patent's validity.

Key legal developments & outcome

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

Key Legal Developments and Outcome for Patent Infringement Litigation (2:24-cv-00974)

This patent infringement lawsuit, K.Mizra LLC v. Nokia Corporation et al., was filed in the Eastern District of Texas under case number 2:24-cv-00974, asserting U.S. Patent 10,735,320. The litigation is ongoing.

Filing & Initial Pleadings

  • Complaint Filed: The case was filed by K.Mizra LLC against Nokia Corporation of America. While the exact filing date of the initial complaint is not immediately available from the search results, the case number 2:24-cv-00974 indicates it was filed in 2024.
  • Parties: K.Mizra LLC is the Plaintiff, and Nokia Corporation of America is the Defendant.

Pre-trial Motions of Substance

Specific details on motions to dismiss, transfer, or stay are not explicitly present in the provided search results. However, such motions are common in patent litigation.

Claim Construction (Markman) Outcomes

  • Markman Hearing: A Markman hearing was held on March 31, 2026.
  • Claim Construction Opinion and Order: District Judge Rodney Gilstrap signed a "MEMORANDUM CLAIM CONSTRUCTION OPINION AND ORDER" on April 14, 2026. This order, identified as Document 124, addressed disputes about claim scope for U.S. Patent 10,735,320, which concerns "manag[ing] application traffic over a carrier network."

Discovery Milestones

Details regarding specific discovery milestones with strategic significance are not available in the provided search results.

Trial Events, Verdict, and Post-Trial Motions

As of May 25, 2026, the case is ongoing, and there is no information indicating a trial, verdict, or post-trial motions.

Settlement, Dismissal, Judgment, or Appeal

The litigation is ongoing. There is no public record of a settlement, dismissal, or judgment as of the current date.

Parallel PTAB IPR/PGR Proceedings

No information regarding parallel PTAB IPR (Inter Partes Review) or PGR (Post-Grant Review) proceedings specifically for U.S. Patent 10,735,320 was found in the search results. IPRs are typically filed within one year of a party being served with an infringement complaint. PGRs are available only for patents with an effective filing date on or after March 16, 2013, and must be challenged within nine months of the patent issuing. Without the patent's issuance date and the complaint's service date, it is difficult to determine if a PGR would have been timely or if an IPR could still be filed.The analyst has done a good job of extracting the key information available from the initial search, particularly identifying the Markman hearing and order dates. However, the subsequent searches were very broad and did not yield specific docket entries for the initial complaint, answer, or other key motions. The lack of specific docket event details for early pleadings and motions is a significant gap. Also, the PTAB search was very general and did not specifically target "10735320".

I will refine the search strategy to target specific docket events and to perform a more precise PTAB search.

Here's a plan for the next steps:

  1. Search for Complaint and Answer: Conduct a more targeted search for docket entry 1 (complaint) and the defendant's answer/counterclaims in PACER or Justia Dockets for case 2:24-cv-00974, Eastern District of Texas. This should provide the filing dates and initial parties.
  2. Search for Pre-Trial Motions: Use keywords like "motion to dismiss," "motion to transfer," "motion to stay," "summary judgment" combined with the case number to find relevant docket entries and their dispositions.
  3. Detailed Markman Outcome: Review the content of the "MEMORANDUM CLAIM CONSTRUCTION OPINION AND ORDER" (Doc. 124) if accessible, or search for summaries of its findings to elaborate on the claim construction outcome for U.S. Patent 10,735,320.
  4. Discovery Milestones: Search for docket entries related to scheduling orders, discovery disputes, or motions to compel that might indicate strategic discovery milestones.
  5. Current Posture/Outcome: Reiterate that the case is ongoing, and continue to monitor for settlement, dismissal, judgment, or appeal, looking for any recent activity since April 2026.
  6. Targeted PTAB Search: Perform a direct search on the USPTO PTAB database for "US Patent 10735320" to identify any IPR or PGR proceedings. This is crucial for understanding parallel proceedings.

The current output will be used as a base, and the new information will be appended chronologically.## Key Legal Developments and Outcome for Patent Infringement Litigation (2:24-cv-00974)

This patent infringement lawsuit, K.Mizra LLC v. Nokia Corporation et al., was filed in the Eastern District of Texas under case number 2:24-cv-00974, asserting U.S. Patents 10,735,320, 8,018,880, and 9,749,249. The litigation is ongoing.

Filing & Initial Pleadings

  • Complaint Filed: K.Mizra LLC filed its complaint for patent infringement on November 25, 2024, against Nokia Corporation, Nokia Solutions and Networks Oy, and Nokia of America Corporation. The complaint alleges infringement of U.S. Patent 10,735,320, which concerns "manag[ing] application traffic over a carrier network," U.S. Patent 8,018,880 related to Layer 2 virtual private networks, and U.S. Patent 9,749,249 concerning "data traffic protection and redundancy" in Layer 2 network traffic.
  • Partial Dismissal of Defendants: On August 12, 2025, District Judge Rodney Gilstrap granted an "UNOPPOSED SEALED MOTION to Dismiss Without Prejudice" filed by K.Mizra LLC, which terminated Nokia Corporation and Nokia Solutions and Networks Oy as defendants. This left Nokia of America Corporation as the sole remaining defendant.

Pre-trial Motions of Substance

  • Motion for Leave to Supplement Invalidity Contentions: On August 6, 2025, Nokia's "Sealed Motion for Leave to Supplement Invalidity Contentions" was granted. These contentions relate to the invalidity of U.S. Patent 10,735,320, citing prior art such as U.S. Patent No. 7,477,657 ("Murphy") for anticipation and obviousness.
  • Motion for Partial Summary Judgment: As of May 8, 2026, Nokia of America Corporation filed a "SEALED MOTION for Partial Summary Judgment No. 1: Festo Bars the Doctrine of Equivalents for the '354 Patent." Replies to this motion were exchanged on the same date. The specific patent ('354) mentioned in this motion is not among the three listed as at issue in the claim construction order, which focused on 10,735,320, 8,018,880, and 9,749,249. Further details would be needed to clarify if this relates to a different patent in the broader litigation or an erroneous reference.

Claim Construction (Markman) Outcomes

  • Markman Hearing: A Markman hearing was held on March 31, 2026.
  • Claim Construction Opinion and Order: District Judge Rodney Gilstrap signed a "MEMORANDUM CLAIM CONSTRUCTION OPINION AND ORDER" on April 14, 2026 (Docket No. 124). This order addressed three claim scope disputes. For U.S. Patent 8,018,880, the disputes concerned "Virtual Switch Instance" (VSI) and the meaning of a control plane being "external to the plurality of sites." For U.S. Patent 9,749,249, the dispute was about what it means to "preempt" traffic on a standby pseudowire. The opinion specifically concerned U.S. Patent 10,735,320 regarding managing application traffic.

Discovery Milestones

Beyond Nokia's granted motion to supplement invalidity contentions in August 2025, specific strategic discovery milestones are not detailed in the available information.

Trial Events, Verdict, and Post-Trial Motions

As of May 25, 2026, the case is ongoing. There is no public information indicating that the case has proceeded to trial, reached a verdict, or involved post-trial motions.

Settlement, Dismissal, Judgment, or Appeal

The litigation is active and has not reached a final disposition via settlement, judgment, or appeal. The partial dismissal of certain Nokia entities occurred early in the litigation.

Parallel PTAB IPR/PGR Proceedings

  • IPR2025-01364: A parallel Inter Partes Review (IPR) proceeding, IPR2025-01364, was initiated by Ciena Corporation against K.Mizra LLC, challenging U.S. Patent 10,735,320. This IPR proceeding references the district court case 2:24-cv-00974. The IPR challenges the '320 patent based on anticipation and obviousness in view of prior art, including U.S. Patent No. 7,477,657 ("Murphy"). The outcome or current status of IPR2025-01364 is not specified in the provided information, nor is its effect on the ongoing district court litigation explicitly stated, though the existence of such a challenge often leads to motions to stay district court proceedings, particularly if institution is granted. No information regarding Post-Grant Review (PGR) proceedings for any of the asserted patents was found.

Plaintiff representatives

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

K.Mizra LLC, the plaintiff in the patent infringement case 2:24-cv-00974 in the Eastern District of Texas, is represented by a team of attorneys primarily from Folio Law Group PLLC and Miller Fair Henry PLLC (formerly Ward, Smith & Hill, PLLC).

Here is a breakdown of the identified counsel:

  • Joseph Michael Abraham

    • Role: Counsel. While a specific "lead counsel" designation is not always explicit in docket entries, his extensive experience and firm's profile suggest a significant role in the litigation team.
    • Firm & Office Location: Folio Law Group PLLC. His profile indicates a practice spanning Austin, Texas, and New York City.
    • Relevant Patent Litigation Experience: Mr. Abraham is a strategic litigator who has represented technology, financial, real estate, medical device, and pharmaceutical companies in patent and commercial litigation, both as plaintiffs and defendants. He has experience across all aspects of trial and appellate practice in federal and state courts, including all districts in Texas and the Federal Circuit.
  • Timothy Franklin Dewberry

    • Role: Partner and Counsel.
    • Firm & Office Location: Folio Law Group, LLC. His admissions include the United States District Court for the Western, Eastern, Northern, and Southern Districts of Texas.
    • Relevant Patent Litigation Experience: Mr. Dewberry is a seasoned litigator and trial lawyer focusing on patent disputes. He has more than a decade of experience representing clients as both plaintiff and defendant in various technical fields, including wireless telecommunications, computer networking, and graphics processing, in U.S. District Courts and the International Trade Commission.
  • Claire Abernathy Henry

    • Role: Partner and Counsel.
    • Firm & Office Location: Miller Fair Henry PLLC (formerly Ward, Smith & Hill, PLLC), Longview, Texas.
    • Relevant Patent Litigation Experience: Ms. Henry handles complex commercial and patent litigation. She has extensive knowledge of federal court practice and patent litigation in the Eastern and Western Districts of Texas. Prior to private practice, she served as a briefing attorney to the Honorable T. John Ward, a former U.S. District Judge for the Eastern District of Texas, a court known for its patent docket. She has been recognized as a Texas Super Lawyers Rising Star and is listed in The Best Lawyers in America for Patent Litigation.
  • Cristofer Ivan Leffler

    • Role: Counsel.
    • Firm & Office Location: Folio Law Group PLLC, Seattle, Washington. He is also admitted to practice in the Eastern and Western Districts of Texas.
    • Relevant Patent Litigation Experience: Mr. Leffler is known for developing practical, business-focused litigation strategies in federal district courts nationwide, before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB), the International Trade Commission (ITC), and the U.S. Courts of Appeals for the Fifth and Federal Circuits. He has served as both outside counsel and in-house counsel, including as Director of Intellectual Property Litigation at Intellectual Ventures Management, LLC.
  • Cliff Win, Jr.

    • Role: Counsel.
    • Firm & Office Location: Folio Law Group PLLC. He is admitted to the California State Bar and the United States District Court for the Eastern and Western Districts of Texas, as well as the Federal Circuit.
    • Relevant Patent Litigation Experience: Mr. Win is a technology lawyer with experience in complex patent disputes across a range of technologies, including cellular and WiFi communications, VoIP telephony, semiconductor manufacturing and design, image sensors, and computer networking and security. He has handled patent cases through all phases of litigation, including jury trials and appeals, in various courts nationally and internationally. He previously held senior director roles in patent enforcement and litigation at technology companies.

Defendant representatives

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

The defendant in K.Mizra LLC v. Nokia Corporation et al., case number 2:24-cv-00974 in the Eastern District of Texas, is Nokia of America Corporation (and Nokia Corporation et al.). While the docket confirms counsel appeared for a claim construction hearing on March 31, 2026, the specific counsel of record representing Nokia in this case are not explicitly named in the provided search results.

Therefore, I cannot provide the names, roles, firms, office locations, or specific patent litigation experience for Nokia's attorneys based on the current search results. Filings that would typically list this information, such as notices of appearance, are not detailed enough in the snippets to extract these specifics.