Untitled case

In a patent infringement lawsuit filed in the Western District of Texas, HBCU Messaging US LP, a subsidiary of the HBCU Technology Foundation (functioning as a non-practicing entity or patent assertion entity), has accused Apple Inc. and Green Dot Corporation of infringing multiple mobile messaging patents, including U.S. Patent 11089450. The plaintiff alleges that Apple's Apple Cash service, along with its supporting hardware (e.g., laptops, smartphones, smartwatches) and software (e.g., Apple's Messages app and related servers/infrastructure), and Green Dot's payment technology integrated into the Apple Cash service, infringe the asserted patents. U.S. Patent 11089450 generally relates to systems and methods for communication within a cellular network environment, often involving messaging and data transfer protocols.

The case, designated as 1:24-cv-01199, is currently active in the Waco Division of the U.S. District Court for the Western District of Texas, presided over by Judge Alan D. Albright. This venue is particularly notable in patent litigation due to Judge Albright's concerted efforts to attract patent cases and his reputation for setting fast-track scheduling orders, which are often favorable to patentees seeking quicker resolutions and potentially larger verdicts. Although a 2022 change in the Western District of Texas randomized judge assignments for patent cases filed in the Waco Division, potentially reducing the certainty of appearing before Judge Albright, this case was notably reassigned to him in April 2025 after initially being assigned to Judge Robert Pitman. A claim construction (Markman) hearing was held in January 2026, and a claim construction order was signed on January 28, 2026, indicating the case is progressing through its initial phases.

Key Legal Developments and Outcome for HBCU Messaging US LP v. Apple Inc. et al.

This patent infringement litigation, Case No. 1:24-cv-01199, was filed in the U.S. District Court for the Western District of Texas and involves U.S. Patent 11,089,450, among others. The plaintiff is HBCU Messaging US LP (formerly Rembrandt Messaging Technologies II, LP), and the defendants are Apple Inc. and Green Dot Corporation.

Chronological Overview of Developments:

• 2024-10-07: Complaint Filed. HBCU Messaging US LP filed the initial complaint against Apple Inc. and Green Dot Corporation, alleging infringement of seven mobile messaging patents, including U.S. Patent No. 11,089,450. The other asserted patents are 8,918,127; 11,012,827; 11,653,182; 11,653,183; 11,991,600; and 11,991,601. The accused instrumentalities include Apple's Messages App, Apple Cash service, and supporting hardware and software.
• 2024-11-05: Service of Summons on Apple Inc. Apple Inc. was served with the summons and complaint.
• 2025-04-15: Case Reassigned to Judge Alan D. Albright. The case was reassigned from Judge Robert Pitman to Judge Alan D. Albright for all proceedings.
• 2025-10-24: Apple Inc.'s Responsive Claim Construction Brief Filed. Defendant Apple Inc. filed its responsive claim construction brief, arguing for its proposed constructions of various claim terms.
• 2026-01-23: Claim Construction (Markman) Hearing. The Court held a claim construction hearing to address the disputed terms of the asserted patents.
• 2026-01-28: Markman Order Issued. Following the hearing, the Court entered its final constructions for the disputed terms. For the term "bearer" (present in several asserted patents including the '450 patent), both parties initially proposed detailed constructions but later agreed to "Plain and ordinary meaning" during the Markman process, which the Court adopted.

Parallel PTAB IPR Proceedings:

• IPR2025-01493 Initiated by Apple Inc.: Apple Inc. has initiated at least one Inter Partes Review (IPR) proceeding with the Patent Trial and Appeal Board (PTAB) related to the patents asserted in the district court litigation, specifically IPR2025-01493. The status and outcome of this IPR were not immediately available in the provided snippets.

The case remains active in the Western District of Texas, having completed the claim construction phase. Further pre-trial motions, discovery milestones, and potentially a trial are expected.

In the patent infringement case HBCU Messaging US LP v. Apple Inc. et al. (1:24-cv-01199) in the Western District of Texas, the plaintiff, HBCU Messaging US LP, is represented by counsel from The Shore Firm LLP and Devlin Law Firm LLC.

Here are the details of the identified counsel:

The Shore Firm LLP

• Firm & Office Location: The Shore Firm LLP, Dallas, Texas.
• Attorneys:
  • Michael W. Shore (Lead Counsel): A prominent patent litigator, Michael Shore is known for representing IP owners and has secured significant patent verdicts. The Shore Firm, under his leadership, has achieved multi-million dollar patent verdicts, including $32.5 million for Purdue against STMicroelectronics, $42 million against Boston Scientific Corporation, and $25.9 million for VideoShare, LLC before Judge Albright. The firm specializes in patent, copyright, and trade secret litigation.
  • Zachary Della Porta (Counsel): Listed as a partner at The Shore Firm, specializing in intellectual property litigation.

Devlin Law Firm LLC

• Firm & Office Location: Devlin Law Firm LLC, Delaware-based, with a U.S. and international presence.
• Attorneys:
  • Timothy Devlin (Lead Counsel): Managing partner of Devlin Law Firm. He has extensive experience in technology-focused patent litigation and has acted as lead counsel in over 200 patent infringement cases. The firm is recognized for its expertise in patent litigation and prosecution, often achieving eight-figure awards for clients.
  • James "Jim" Lennon (Lead Counsel): A patent litigator with over 20 years of experience, Jim Lennon represents both plaintiffs and defendants in patent disputes across the U.S. He also leads the firm's patent and trademark prosecution practice.
  • Neil A. Benchell (Counsel): An attorney at Devlin Law Firm, involved in intellectual property litigation.

Note on Morrison & Foerster LLP: While an initial search result from PacerMonitor briefly listed attorneys from Morrison & Foerster, LLP in relation to the case, further examination of another source (Ex Parte | AI Litigation Platform) indicates that Morrison & Foerster LLP represents Apple Inc. (the defendant/challenger) in related proceedings, such as IPR2025-01493. Therefore, Morrison & Foerster LLP is not identified as counsel for the plaintiff, HBCU Messaging US LP, in this district court case.

The defendants, Apple Inc. and Green Dot Corporation, are represented by counsel from Morrison Foerster LLP. The following attorneys are listed as counsel of record for both defendants:

• Brian C. Nash

  • Role: Partner, Co-Chair of the global IP Litigation Group, Managing Partner of the Austin office.
  • Firm & Office Location: Morrison Foerster LLP, Austin, Texas.
  • Experience: A leading patent litigator, Brian Nash has handled over 80 federal cases, including more than 50 before Judge Alan Albright in the Western District of Texas. He specializes in complex intellectual property disputes and has a strong track record in patent, trade secret, trademark, and copyright litigation, representing Fortune 50 clients.

• Ryan J. Malloy

  • Role: Partner.
  • Firm & Office Location: Morrison Foerster LLP, Los Angeles, California.
  • Experience: An electrical engineer by training, Ryan Malloy represents technology companies in IP disputes, including patent and ITC litigation. He has represented Apple in several patent cases involving technologies such as iMessage and wireless charging.

• Richard S.J. Hung

  • Role: Global Co-Chair of the Litigation Department.
  • Firm & Office Location: Morrison Foerster LLP, San Francisco, California.
  • Experience: A registered patent lawyer, former Federal Circuit clerk, and electrical engineer, Richard Hung has nearly 30 years of experience in high-stakes patent, copyright, trademark, and trade secret litigation. He has tried over a dozen cases to verdict or final award and has represented clients in matters involving internet search, cryptography, and smartphones.

• Nima I. Kiaei

  • Role: Associate.
  • Firm & Office Location: Morrison Foerster LLP, Los Angeles, California.
  • Experience: Nima Kiaei focuses his practice on intellectual property litigation. He has experience in developing pending patent applications and preparing responses for applications across various technological fields, including distributed cloud data storage and high-precision wireless bioelectronic sensors.

• Nishi A. Tavernier

  • Role: Counsel. (Assumed from typical firm structure for experienced attorneys listed as counsel on a docket).
  • Firm & Office Location: Morrison Foerster LLP (as of October 2024 for this case). Her prior experience includes work at Robins Kaplan LLP.
  • Experience: Nishi Tavernier has experience in various intellectual property disputes, including patent, trade secret, and trademark matters, with appearances before the International Trade Commission and federal district courts. Her experience spans technologies such as aeronautics, camera, mobile devices, and data management and security systems.