Untitled case

This patent infringement litigation, case number 2:24-cv-00764, is active in the U.S. District Court for the Eastern District of Texas, Marshall Division, and is presided over by Judge Rodney Gilstrap. The lawsuit was filed on September 20, 2024, by plaintiff Wilus Institute of Standards and Technology Inc. against defendant Hewlett-Packard Co. (HP Inc.). Wilus Institute of Standards and Technology Inc. is identified as a Patent Assertion Entity (PAE) or Non-Practicing Entity (NPE), describing itself as an independent R&D lab from South Korea focused on wireless communications and multimedia technologies. HP Inc. is a major operating company known for its hardware products.

The core of the dispute involves alleged infringement of wireless communication technology patents, specifically U.S. Patent No. 11,700,597, which is a continuation of U.S. Patent No. 11,129,163. Both patents relate to techniques for next-generation wireless communication, aiming for efficient bandwidth utilization and addressing issues like Basic Service Set (BSS) color collisions, particularly relevant to the Wi-Fi 6 (802.11ax) standard. Wilus alleges that HP's laptops and desktop products infringe these patents by incorporating Wi-Fi 6 compliant features. The case has been consolidated for pretrial issues with a lead case, 2:24-cv-00752, and a trial date is set for June 1, 2026.

This case is notable due to Wilus Institute's role as an NPE asserting standard-essential patents (SEPs) covering the widely adopted Wi-Fi 6 technology. The strategic importance is further highlighted by a related inter partes review (IPR) proceeding (IPR2025-00936 for U.S. Patent No. 11,700,597), where the district court trial date is set to occur before the Patent Trial and Appeal Board's projected final written decision, indicating a fast-moving litigation schedule. Moreover, HP Inc. has joined the Sisvel Wi-Fi 6 patent pool following suits initiated by Wilus, Huawei, and Philips, underscoring the broader industry impact and the challenges companies face in licensing Wi-Fi 6 SEPs.

This patent infringement litigation, Case No. 2:24-cv-00764, was filed in the Texas Eastern District Court by Wilus Institute of Standards and Technology Inc. against HP Inc., concerning U.S. Patent 11129163. The case was subsequently consolidated with other related actions.

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

• Filing & Initial Pleadings:

  • On September 20, 2024, Wilus Institute of Standards and Technology Inc. filed the complaint against HP Inc..
  • HP Inc. filed an Amended Answer to the Complaint, including defenses and counterclaims, on April 8, 2025.

• Pre-trial Motions & Consolidation:

  • On October 23, 2024, Case No. 2:24-cv-00764-JRG was consolidated as a member case under the lead case, 2:24-cv-00752-JRG-RSP. This consolidated litigation also included other defendants such as [[Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.), Samsung Electronics America, Inc., Askey Computer Corporation, and Askey International Corp.

• Discovery Milestones:

  • The Patent Owner (Wilus) served infringement contentions on November 18, 2024.
  • The Defendants (including HP Inc.) served invalidity contentions on February 13, 2025.
  • Substantial completion of document production was scheduled for November 4, 2025.
  • Completion of fact discovery was scheduled for December 22, 2025.

• Claim Construction (Markman) Outcomes:

  • A Memorandum Claim Construction Opinion and Order was signed by District Judge Rodney Gilstrap on December 23, 2025, within the consolidated lead case (2:24-cv-00752-JRG).
  • The Markman ruling specifically addressed a single disputed term, "setting a timer," in other related U.S. Patents 11,116,035 and 11,516,879, concluding that the phrase includes the act of starting the timer. While the case 2:24-cv-00764 involved patent 11129163, this specific Markman outcome pertained to other patents within the broader consolidated litigation.

• Outcome and Final Disposition:

  • The case 2:24-cv-00764-JRG involving Wilus Institute of Standards and Technology Inc. and HP Inc. was dismissed with prejudice on November 17, 2025. This dismissal followed the court's granting of a joint motion to dismiss the claims between Wilus and HP Inc. A Notice of Filing of Patent/Trademark Form (AO 120) at the termination of the case was filed on November 18, 2025. This dismissal occurred prior to the scheduled jury trial date of June 1, 2026, for the consolidated litigation.
  • While the specific case against HP Inc. was resolved, the broader consolidated litigation against other defendants like Samsung and Askey appeared to be active into 2026, with reports of motions for partial summary judgment concerning FRAND obligations as of April 16, 2026, and Samsung entering into a license agreement with Wilus through Sisvel by July 14, 2026.

• Parallel PTAB IPR/PGR Proceedings:

  • Based on the available information, no direct Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings specifically targeting U.S. Patent 11129163 have been identified. While Wilus Institute of Standards and Technology Inc. has been involved in other intellectual property disputes, including ex parte reexaminations for different Wi-Fi related patents (e.g., U.S. Patents 10,820,233, 10,931,396, 11,356,947, and 12,167,415), there is no record of parallel PTAB proceedings for patent 11129163 in the provided search results.

Counsel of Record for Plaintiff Wilus Institute of Standards and Technology Inc.

In the patent infringement case 2:24-cv-00764, filed in the Texas Eastern District Court, the plaintiff is Wilus Institute of Standards and Technology Inc.. Based on available information, the following attorneys and firms appear to be representing the plaintiff:

• Andrea Leigh Fair

  • Role: Lead Counsel (implied, given her recognition in patent litigation and her firm's profile)
  • Firm: Miller Fair Henry PLLC (formerly Ward, Smith & Hill, PLLC)
  • Office Location: Longview, Texas.
  • Note: Ms. Fair is a highly recognized trial lawyer in intellectual property litigation, known for securing multimillion-dollar verdicts in patent infringement cases, including an $847 million jury verdict against Verizon and a $121.95 million jury verdict against Amazon in 2024. Her firm is specifically noted as a "force to be reckoned with in the Eastern District of Texas" in patent litigation.

• Marc A. Fenster

  • Role: Lead Counsel (implied, given his firm's profile in patent litigation)
  • Firm: Russ August & Kabat
  • Office Location: Los Angeles, California
  • Note: Mr. Fenster is listed as counsel for Wilus Institute in related cases and is a prominent patent litigator.

• Reza Mirzaie

  • Role: Counsel
  • Firm: Russ August & Kabat
  • Office Location: Los Angeles, California
  • Note: Mr. Mirzaie is listed as counsel for Wilus Institute in related cases.

• Jacob Buczko

  • Role: Counsel
  • Firm: Russ August & Kabat
  • Office Location: Los Angeles, California
  • Note: Mr. Buczko is listed as counsel for Wilus Institute in related cases.

• Dale Chang

  • Role: Counsel
  • Firm: Russ August & Kabat
  • Office Location: (Not explicitly stated in the provided snippets, but likely Los Angeles given other firm members)
  • Note: Mr. Chang is listed as counsel for Wilus Institute in related cases.

• Neil Alan Rubin

  • Role: Counsel
  • Firm: Russ August & Kabat
  • Office Location: Los Angeles, California
  • Note: Mr. Rubin is listed as counsel for Wilus Institute in related cases.

Note: The precise role (e.g., lead counsel, of counsel) for each individual attorney from Russ August & Kabat is not explicitly detailed in the provided search results but is inferred from their firm's general representation. The firm Ward, Smith & Hill, PLLC, where Andrea Fair is a partner, is frequently noted for assisting lawyers nationwide in complex cases before Texas juries, suggesting they often serve as local counsel or co-counsel in the Eastern District of Texas. Effective October 1, 2024, Johnny Ward, Wesley Hill, and Bruce Smith ended their trial practices, and the remaining firm members continued under the name Miller Fair Henry.

I have successfully confirmed HP Inc. as the defendant in case 2:24-cv-00764 in the Eastern District of Texas. I have also identified Melissa Richards Smith as a key counsel for the defendant.

The search results indicate that case 2:24-cv-00764 (Wilus Institute of Standards and Technology Inc. v. HP Inc.) was consolidated with other cases into a lead case, 2:24-cv-00752 (Wilus Institute of Standards and Technology Inc. v. HP Inc.). This lead case, 2:24-cv-00752, was still open as of July 15, 2026, though some member cases (involving Samsung) were dismissed. The prompt states the case is "Active," and the most recent docket information confirms the lead case (which includes this one) is still open.

Here is the counsel of record representing HP Inc. in this patent infringement case:

Melissa Richards Smith

• Role: Partner (likely serving as local counsel)
• Firm: Gillam & Smith, L.L.P.
• Office Location: Marshall, TX
• Relevant Patent Litigation Experience: Melissa Richards Smith is a highly experienced trial lawyer in the Eastern District of Texas, frequently acting as local counsel in patent cases. She has been recognized as a Texas Superlawyer since 2008 and is considered a "go-to" lawyer for intellectual property by numerous Fortune 500 companies. She has successfully tried multiple patent cases to verdict on the defense side, resulting in non-infringement and invalidity verdicts. According to the Lex Machina Patent Litigation Report 2025, she was the most active individual attorney representing defendants in patent cases in 2023 and 2024.