Untitled case

Case Overview and Background: EIGHT KHZ, LLC v. Meta Platforms, Inc. et al.

This patent infringement litigation, EIGHT KHZ, LLC v. Meta Platforms, Inc. et al., Case No. 6:22-cv-00575, was filed on June 3, 2022, in the U.S. District Court for the Western District of Texas. The plaintiff, EIGHT KHZ, LLC, is a patent assertion entity (PAE) or non-practicing entity (NPE) that reportedly offered to sell a portfolio of its patents to Meta Platforms around 2020 before initiating this lawsuit when licensing discussions ceased. The defendant is Meta Platforms, Inc., a prominent American multinational technology conglomerate known for its social media platforms (Facebook, Instagram, WhatsApp) and its significant investment in virtual and augmented reality technologies, including the Oculus brand.

The lawsuit alleges infringement of at least two U.S. patents: U.S. Patent No. 10,368,179, titled "Switching Binaural Sound," and U.S. Patent No. 10,448,184. Both patents relate to methods of delivering binaural sound, particularly through electronic earphones. Specifically, U.S. Patent No. 10,368,179 describes a method executed by electronic devices for providing binaural sound that localizes from a virtual image, utilizing head-related transfer functions (HRTFs) for 3D audio spatialization, and features like reducing sound volume when a user exits a virtual environment. The accused products are Meta's Oculus Quest product lines, including the Oculus Go, Oculus Rift S, Oculus Quest, and Oculus Quest 2 virtual reality headsets.

The case is currently pending in the Western District of Texas, Waco Division, presided over by District Judge Alan D. Albright. This venue has been notably popular for patent infringement lawsuits, especially those brought by NPEs, due to Judge Albright's active efforts to attract such cases, his reputation for setting aggressive case schedules, and his historical reluctance to grant motions to stay pending America Invents Act (AIA) trials or transfer motions. This has often led to the Western District of Texas, and particularly Judge Albright's docket, holding a significant share of national patent litigation filings. The case is notable for its involvement of a major tech company and its VR products, and for related Patent Trial and Appeal Board (PTAB) proceedings (IPR2023-01020 and IPR2023-01019), where Meta successfully argued that all claims in U.S. Patent Nos. 10,448,184 and 10,368,179, initially filed by Eight kHz against Meta, were invalid as obvious based on prior art. The trial in the district court was scheduled for October 2025.

Patent Infringement Case: Eight kHz, LLC v. Meta Platforms, Inc. et al. (6:22-cv-00575)

Court: U.S. District Court for the Western District of Texas
Case Number: 6:22-cv-00575-ADA-DTG
Plaintiff: Eight kHz, LLC
Defendants: Meta Platforms, Inc., Meta Platforms Technologies, LLC, Twisted Pixel Games, LLC
Patent at Issue: U.S. Patent No. 10,798,509 (as specified in the prompt)
Current Status: Active (as of June 2026, with ongoing IPR proceedings)

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Key Legal Developments:

• 2022-06-03: Complaint Filed. Eight kHz, LLC filed a patent infringement lawsuit against Meta Platforms, Inc., Meta Platforms Technologies, LLC, and Twisted Pixel Games, LLC in the Western District of Texas.
• 2023-03-03: Defendants' Preliminary Invalidity Contentions. Defendants filed their preliminary invalidity contentions.
• 2023-09-11: Order Resetting Markman Hearing. An order was issued resetting the Markman (claim construction) hearing via Zoom.
• 2023-10-03: Markman Hearing Scheduled. A Markman hearing was noted to take place.
• 2023-10-18: Order Regarding Markman Hearing Filed. An order relating to the Markman hearing was filed, indicating the hearing was reset via Zoom.

Parallel PTAB IPR Proceedings:

• IPR2023-01004: Meta Platforms, Inc. filed an Inter Partes Review (IPR) petition, IPR2023-01004, challenging U.S. Patent No. 10,798,509, owned by Eight kHz, LLC.
  • Status/Outcome: As of the latest available information, the status of IPR2023-01004 (institution decision, final written decision, etc.) is not publicly detailed in the search results. It is an active proceeding.

Other Developments and Present Posture:

Specific dates for the defendants' answers, any counterclaims, or other substantive pre-trial motions (such as motions to dismiss, transfer, or stay pending the IPR) are not readily available in the public search results without direct PACER access. Similarly, no information regarding discovery milestones, trial events, verdict, post-trial motions, or a final disposition (settlement, dismissal, or judgment) for the district court case is available in the provided search snippets. The existence of an ongoing IPR suggests the district court litigation may be stayed or progressing in parallel while the PTAB reviews the patent's validity. The case remains active as of today's date, 2026-06-17.

I was unable to identify the specific counsel of record representing the plaintiff, Eight kHz, LLC, in case 6:22-cv-00575 in the Texas Western District Court. Despite searching publicly available legal news sources and court information aggregators, detailed attorney appearance records for the plaintiff were not accessible. While the case name, "Eight kHz, LLC v. Meta Platforms, Inc., et al.", and case number, 6:22-cv-00575-ADA, were consistently found, specific docket entries listing the plaintiff's attorneys and their respective roles were not available through the conducted web searches. Access to PACER, which would typically provide this information, is beyond the scope of this tool.

The defendant(s) in the patent infringement case 6:22-cv-00575, Eight KHZ LLC v. Meta Platforms Inc., are Meta Platforms Inc., Meta Platforms Technologies, LLC, and Twisted Pixel Games, LLC. [cite: 14 (from previous step)] Based on available information, the following attorneys are counsel of record or likely involved in representing the defendant(s):

• Joseph C. Akalski

  • Role: Counsel
  • Firm: Cleary Gottlieb Steen & Hamilton LLP
  • Office Location: New York, NY
  • Relevant Patent Litigation Experience: Mr. Akalski is a patent attorney with 17 years of experience. His practice areas include biotechnology, chemical, computer architecture, software, and communications. He has represented Meta Platforms Inc. as a challenger in various District Court and PTAB cases.

• Daniel S. Todd

  • Role: Likely Local Counsel
  • Firm: Cleary Gottlieb Steen & Hamilton LLP
  • Office Location: Washington, D.C., but he is admitted to practice in Texas.
  • Relevant Patent Litigation Experience: Mr. Todd's practice focuses on patent and trade secret disputes across a range of industries, including cybersecurity, semiconductors, power electronics, medical devices, and wireless communications. He has litigated high-profile intellectual property matters through trial and has a strong technical background as a former patent agent.

While Paul Hastings LLP and A&O Shearman (formed from Allen & Overy LLP) have represented Meta Platforms Inc. in related inter partes review (IPR) proceedings against Eight KHZ LLC concerning some of the patents at issue, and both firms have substantial patent litigation practices with a presence in Texas, the provided search results do not explicitly confirm their attorneys as counsel of record for Meta Platforms Inc. in the district court case 6:22-cv-00575 through specific docket entries. [cite: 12 (from previous step)] Therefore, their direct involvement as counsel of record in the district court case cannot be definitively stated at this time based on the available information.