Untitled case

In an ongoing patent infringement lawsuit, Smart Speaker LLC, identified as a patent assertion entity (PAE), has accused Amazon.com Services LLC, a major operating company known for its e-commerce and technology products, of infringing US Patent 11128710 and several other patents. The technology allegedly infringed by Amazon encompasses "server-based control" systems and methods for environments such as buildings or vehicles. Specifically, the patent details a control server that receives data from field units equipped with sensors (potentially including image sensors), processes this data using control logic, and then issues commands to actuator units to control physical phenomena within the environment, all communicated via the internet and local routers. The accused products in this litigation are Amazon's Alexa-enabled devices, including its Echo smart speakers, which are controlled through Amazon's cloud-based servers.

The case, bearing number 2:25-cv-00707, was filed in the Eastern District of Texas and is presided over by District Judge Rodney Gilstrap. This venue is historically significant for patent litigation due to its reputation for plaintiff-friendly procedural rules, accelerated trial schedules, and juries often perceived as sympathetic to patent holders. Although the TC Heartland Supreme Court decision aimed to restrict patent venue to a defendant's state of incorporation or where they have a regular and established place of business, the Eastern District of Texas remains a popular choice for plaintiffs, sometimes through strategies involving foreign affiliates or by demonstrating a "regular and established place of business" for the defendant.

This litigation is notable for several reasons, including the ongoing assertion pattern by PAEs against dominant technology companies in the rapidly expanding smart speaker and voice AI market. The case is proceeding in parallel with multiple inter partes review (IPR) proceedings initiated by Amazon.com Services LLC against Smart Speaker LLC's asserted patents, including IPR2026-00145 challenging US Patent 11128710. The plaintiff, Smart Speaker LLC, is represented by Fabricant Rubino Lambrianakos LLP, a firm known for securing significant verdicts and settlements against major corporations in patent litigation. The outcome of this case could further shape the intellectual property landscape surrounding smart home devices and voice recognition technology.

The case in the Texas Eastern District Court, 2:25-cv-00707, involves Smart Speaker LLC as the plaintiff and Amazon.com Services LLC as the defendant, asserting patent infringement of US Patent 11128710, among others. The case was filed on July 11, 2025.

Here's a chronological summary of the key legal developments:

Filing & Initial Pleadings:

• Complaint Filed: Smart Speaker LLC filed a complaint for patent infringement against Amazon.com Services LLC on July 11, 2025. The complaint included US Patent 11128710, along with US Patents 12316706, 12010174, 11190590, 12401720, and 12401721.
• First Amended Complaint: A First Amended Complaint for Patent Infringement was filed by Smart Speaker LLC against Amazon.com Services LLC on October 6, 2025.

Pre-trial Motions of Substance:

• Motion to Dismiss (Initial): An initial motion to dismiss was filed by Amazon.com Services LLC. This motion was denied as moot by District Judge Rodney Gilstrap on October 10, 2025.
• Motion to Dismiss in Part: Amazon.com Services LLC filed a "MOTION to Dismiss in Part Plaintiff's First Amended Complaint for Failure to State a Claim" on November 4, 2025.
• Response to Motion to Dismiss: Smart Speaker LLC filed a "RESPONSE in Opposition re #36 MOTION to Dismiss in Part Plaintiff's First Amended Complaint for Failure to State a Claim" on November 18, 2025.
• Reply to Response: Amazon.com Services LLC filed a "REPLY to Response re #36 MOTION to Dismiss in Part Plaintiff's First Amended Complaint for Failure to State a Claim" on November 26, 2025.
• Sur-Reply: Smart Speaker LLC filed a "SUR-REPLY to Reply to Response re #36 MOTION to Dismiss in Part Plaintiff's First Amended Complaint for Failure to State a Claim" on December 3, 2025.

Discovery Milestones:

• Scheduling Conference/Case Management Conference: A conference was held on September 30, 2025, where the court inquired about consent to trial before a U.S. Magistrate Judge and provided dates for Claim Construction and Jury Selection/Trial.
• E-Discovery Order: An "ORDER REGARDING E-DISCOVERY" was signed by District Judge Rodney Gilstrap on December 10, 2025.

Claim Construction (Markman) Outcomes:

• A Markman/Claim Construction Hearing is set for December 14, 2026, at 09:00 AM before District Judge Rodney Gilstrap.

Trial Events, Verdict, and Post-trial Motions:

• Jury Selection is set for June 7, 2027, at 09:00 AM before District Judge Rodney Gilstrap.

Settlement, Dismissal, Judgment, or Appeal – the final disposition or the present posture if active:
The case is currently ongoing, with future dates set for claim construction and trial.

Parallel PTAB IPR/PGR Proceedings on the asserted patents and their effect on the litigation:
No specific IPR/PGR proceedings for US Patent 11128710 were found in the context of Smart Speaker LLC v. Amazon.com Services LLC (2:25-cv-00707). However, Uniloc 2017 LLC, a prolific patent litigant that has been involved in numerous patent disputes, including against Google and Samsung, has seen some of its patents challenged and invalidated at the PTAB in other cases. The general process for IPRs and PGRs allows for challenges to patent validity, typically before or in parallel with district court litigation, which can affect the litigation's trajectory. A petitioner generally cannot file an IPR or PGR attacking the validity of a patent if they have previously filed a civil action in district court challenging the validity of the same patent. However, this restriction applies to the party challenging the patent, not necessarily the patent owner.The patent infringement litigation, Smart Speaker LLC v. Amazon.com Services LLC, case number 2:25-cv-00707, is currently ongoing in the Texas Eastern District Court, presided over by District Judge Rodney Gilstrap. The case involves US Patent 11128710, among other patents.

Here are the key legal developments in chronological order:

Filing & Initial Pleadings:

• Complaint for Patent Infringement: Smart Speaker LLC filed the initial complaint against Amazon.com Services LLC on July 11, 2025. The patents asserted include US Patent 11128710, along with US Patents 12316706, 12010174, 11190590, 12401720, and 12401721.
• First Amended Complaint: On October 6, 2025, Smart Speaker LLC filed a First Amended Complaint for Patent Infringement.

Pre-trial Motions of Substance:

• Initial Motion to Dismiss: Amazon.com Services LLC filed a motion to dismiss, which was subsequently denied as moot by District Judge Rodney Gilstrap on October 10, 2025.
• Motion to Dismiss in Part: On November 4, 2025, Amazon.com Services LLC filed a "MOTION to Dismiss in Part Plaintiff's First Amended Complaint for Failure to State a Claim."
• Opposition and Replies regarding Motion to Dismiss: Smart Speaker LLC responded in opposition to the partial motion to dismiss on November 18, 2025. Amazon.com Services LLC filed a reply on November 26, 2025, followed by a sur-reply from Smart Speaker LLC on December 3, 2025.

Discovery Milestones:

• Scheduling Conference/Case Management Conference: A scheduling conference and case management conference took place on September 30, 2025. During this conference, the court addressed the possibility of trial before a U.S. Magistrate Judge and established dates for claim construction and jury selection/trial.
• E-Discovery Order: An "ORDER REGARDING E-DISCOVERY" was signed by District Judge Rodney Gilstrap on December 10, 2025.

Claim Construction (Markman) Outcomes:

• A Markman/Claim Construction Hearing is scheduled for December 14, 2026, at 9:00 AM before District Judge Rodney Gilstrap.

Trial Events, Verdict, and Post-trial Motions:

• Jury Selection is set to commence on June 7, 2027, at 9:00 AM before District Judge Rodney Gilstrap.

Settlement, Dismissal, Judgment, or Appeal – the final disposition or the present posture if active:
The case is currently active and proceeding through the pre-trial phase, with key dates set for claim construction and trial in the future.

Parallel PTAB IPR/PGR Proceedings on the asserted patents and their effect on the litigation:
No specific inter partes review (IPR) or post-grant review (PGR) proceedings for US Patent 11128710 related to this particular case (2:25-cv-00707) were identified. The Patent Trial and Appeal Board (PTAB) conducts IPRs and PGRs to assess the validity of patent claims, which can run parallel to district court litigation. These proceedings are generally a faster and less expensive alternative to district court challenges. A party that has previously challenged a patent's validity in district court is typically barred from filing an IPR or PGR against the same patent.

Smart Speaker LLC is represented by Fabricant Rubino Lambrianakos LLP. This firm, formerly known as Fabricant LLP, rebranded in March 2026.

The following attorneys are listed as representing Smart Speaker LLC in the case 2:25-cv-00707:

• Alfred (Fred) Fabricant - Lead Counsel.
  • Firm: Fabricant Rubino Lambrianakos LLP, New York, NY.
  • Experience: Co-founder of Fabricant Rubino Lambrianakos LLP, with over 80 years of combined experience among the founding partners in patent litigation against major technology companies. He has frequently represented patent holders in offensive litigation and secured significant recoveries. Notably, he was lead counsel for Vocalife, LLC in a successful patent infringement case against Amazon related to smart speaker technology, which resulted in a $5 million jury verdict. He is also recognized as a pioneer in litigation funding.
• Vincent J. Rubino, III - Counsel.
  • Firm: Fabricant Rubino Lambrianakos LLP, New York, NY.
  • Experience: Co-founder of Fabricant Rubino Lambrianakos LLP. His experience includes litigating complex IP cases and securing substantial recoveries against large corporations.
• Peter Lambrianakos - Counsel.
  • Firm: Fabricant Rubino Lambrianakos LLP, New York, NY.
  • Experience: Managing Partner and co-founder of Fabricant Rubino Lambrianakos LLP. He has represented patent holders in offensive litigation against major players in various industries, including smart speaker technology.
• Ryan F. Oliver - Counsel.
  • Firm: Fabricant Rubino Lambrianakos LLP.
  • Experience: Listed as counsel for Smart Speaker LLC.
• Clark Theodore Gordon - Counsel.
  • Firm: Fabricant Rubino Lambrianakos LLP.
  • Experience: Listed as counsel for Smart Speaker LLC.
• Justin Kurt Truelove - Local Counsel.
  • Firm: Truelove Law Firm.
  • Experience: Local counsel in the Eastern District of Texas. It's worth noting that Jennifer Truelove, a principal at McKool Smith, was also trial counsel for Vocalife alongside Alfred Fabricant in the previous patent infringement case against Amazon. The relationship between Justin Kurt Truelove and Jennifer Truelove is not explicitly stated in the provided sources, but the shared surname and involvement in patent litigation in the Eastern District of Texas could suggest a connection.

Counsel of record representing Amazon.com Services LLC in case 2:25-cv-00707 include attorneys from Morrison & Foerster LLP and The Dacus Firm, P.C.

The following attorneys are listed as representing Amazon.com Services LLC:

• Brian C. Nash - Lead Counsel

  • Firm: Morrison & Foerster LLP, Austin, TX.
  • Experience: Mr. Nash serves as Practice Group Chair of Morrison Foerster's global Intellectual Property Litigation Group and Co-Chair of the firm's cross-disciplinary Intellectual Property Group, as well as the Managing Partner of the Austin office. He has extensive experience in high-stakes intellectual property disputes, having litigated over 200 cases in Texas, including more than 110 before Judge Gilstrap and Judge Albright. A registered patent attorney with an engineering degree, his practice spans district courts, the Patent Trial and Appeal Board (PTAB), the International Trade Commission (ITC), and the U.S. Court of Appeals for the Federal Circuit.

• Matthew R. Stephens - Counsel

  • Firm: Morrison & Foerster LLP, San Diego, CA.
  • Experience: Mr. Stephens is a partner in the Intellectual Property Litigation group with experience across a range of IP matters, including patent, trademark, copyright, and trade secret litigation in district court, the Federal Circuit, and before the ITC. He is recognized in Best Lawyers: Ones to Watch® in America 2026 for Litigation - Intellectual Property and Litigation - Patent.

• Nina N. Reed - Counsel

  • Firm: Morrison & Foerster LLP, Austin, TX.
  • Experience: Ms. Reed is an associate in Morrison Foerster's Intellectual Property Litigation Group, focusing her practice on patent litigation. She was admitted to the Texas bar in October 2024.

• Deron R. Dacus - Local Counsel

  • Firm: The Dacus Firm, P.C., Tyler, TX.
  • Experience: Mr. Dacus is a board-certified civil trial lawyer and CPA with a practice primarily focused on business, commercial, and patent litigation. He possesses extensive experience in patent litigation within the Eastern District of Texas, having represented clients in well over 1,000 patent cases and successfully tried dozens to verdict. He has been named a "go-to" lawyer for Fortune 500 companies.