Untitled case

HBCU Messaging US LP, a patent assertion entity (PAE) and subsidiary of the HBCU Technology Foundation (formerly known as Rembrandt Messaging Technologies II, LP), has initiated a patent infringement lawsuit against Apple Inc. and Green Dot Corporation. The plaintiff accuses Apple of infringing seven patents through its Messages App, particularly when integrated with Apple Cash, as well as various Apple devices such as iPhones, iPads, Apple Watches, and MacBooks, along with supporting server infrastructure. Green Dot is also implicated for its role in providing payment technology within the Apple Cash service. The asserted patents, which include U.S. Patent No. 11,653,182, generally relate to "messaging systems that can utilize either a short message service ('SMS') or packet switched message service ('PSMS')." Specifically, U.S. Patent No. 11,653,182, titled "Messaging system with hybrid messaging," describes methods and systems for sending messages using different messaging services based on message content or network conditions.

This active litigation is proceeding in the United States District Court for the Western District of Texas, Waco Division, before Judge Alan D. Albright. The Western District of Texas has become a highly popular venue for patent plaintiffs, largely due to Judge Albright's stated commitment to establishing it as a significant forum for patent litigation, his known reluctance to transfer cases, and the adoption of fast-track scheduling orders. The case was initially assigned to Judge Robert Pitman before being reassigned to Judge Albright.

The case is notable for several reasons. It involves a non-practicing entity (HBCU Messaging US LP) asserting a portfolio of mobile messaging patents with an earliest priority date in 2007, indicating the assertion of older intellectual property against widely used modern technology from a major operating company like Apple. The plaintiff's connection to the HBCU Technology Foundation, and its prior identity as Rembrandt Messaging Technologies II, LP, suggests a strategic approach to patent monetization. Furthermore, Apple is actively challenging the asserted patents at the Patent Trial and Appeal Board (PTAB) through inter partes reviews (IPRs), as referenced in court documents, indicating a multi-front legal battle over the validity of these patents.

This patent infringement litigation, HBCU Messaging US LP v. Apple, Inc. et al., Case No. 1:24-cv-01199, is currently active in the U.S. District Court for the Western District of Texas. The case involves U.S. Patent No. 11,653,182, among others.

Here is a chronological overview of the key legal developments:

1. Filing & Initial Pleadings:

• 2024-10-07: HBCU Messaging US LP filed the patent infringement lawsuit against Apple Inc. and Green Dot Corporation in the Western District of Texas. The complaint alleges infringement of seven mobile messaging patents, including U.S. Patent No. 11,653,182.
• 2024-11-05: Apple Inc. was served with the summons and complaint.

2. Pre-trial Motions & Case Management:

• 2025-04-15: The case was reassigned from Judge Robert Pitman to Judge Alan D. Albright for all proceedings.
• 2025-07-15: Defendant Apple Inc. was scheduled to serve its preliminary invalidity contentions, including identification of any limitations contended to be indefinite or lacking written description, and any claims directed to ineligible subject matter.
• 2025-08-01: The parties were to concurrently exchange a list of claim terms for construction.
• 2025-08-15: The parties were to concurrently exchange proposed constructions and supporting extrinsic evidence.

3. Claim Construction (Markman) Proceedings:

• 2025-09-22: HBCU Messaging US LP filed its Opening Claim Construction Brief.
• 2025-10-24: Apple Inc. filed its Responsive Claim Construction Brief.
• 2026-01-20: A Markman hearing was scheduled.
• 2026-01-21: The Court provided preliminary claim constructions for terms across the asserted patents, including 11,653,182.
• 2026-01-23: The Court held a claim construction hearing.
• 2026-01-26: The parties jointly submitted an email clarifying remaining disputes as directed by the court during the Markman hearing.
• 2026-01-28: The Court entered its final Claim Construction Order for all asserted patents.

4. Discovery Milestones:

• 2026-01-21: Fact discovery was scheduled to open, and initial disclosures per Rule 26(a) were to be served.

5. Settlement Discussions:

• 2026-02-10: The parties asserting claims for relief were ordered to submit a written offer of settlement to opposing parties.
• 2026-03-10: Each opposing party was to respond in writing to the settlement offers.

6. Present Posture & Other Developments:

• 2026-04-28: HBCU Messaging US LP filed a motion for an extension of time to file an amended complaint.
• 2026-05-05: HBCU Messaging US LP filed a reply to the response to its motion for extension of time.
• The case remains in active litigation.

7. Parallel PTAB IPR Proceedings:

• IPR2025-01493 (Apple Inc. v. HBCU Messaging US LP): This Inter Partes Review proceeding initiated by Apple Inc. against HBCU Messaging US LP is referenced in court documents related to the district court claim construction, indicating a direct challenge to at least one of the asserted patents.
• IPR2026-00105: This IPR proceeding is mentioned in an April 9, 2025 document from the district court, suggesting a potential parallel challenge to one of the patents in suit.

Plaintiff HBCU Messaging US LP is represented by the following counsel:

• Timothy Devlin

  • Role: Likely lead counsel.
  • Firm: Devlin Law Firm LLC, Wilmington, DE.
  • Note: Timothy Devlin is noted as "Plaintiff HBCU Messaging US LP(Devlin, Timothy)" on a PacerMonitor entry and his firm address is listed for service of process. His firm, Devlin Law Firm, specializes in patent litigation.

• Neil A. Benchell

  • Role: Attorney.
  • Firm: Devlin Law Firm, Wilmington, DE.
  • Note: Associated with Devlin Law Firm.

• Zachary Della Porta

  • Role: Attorney.
  • Firm: The Shore Firm LLP.
  • Note: Associated with The Shore Firm LLP.

• Michael W. Shore

  • Role: Attorney.
  • Firm: The Shore Firm LLP.
  • Note: Associated with The Shore Firm LLP.

There is no indication in the search results that filings are sealed, and counsel has clearly appeared for the plaintiff.

The defendant in this patent infringement case is Apple Inc.. Green Dot Corporation was initially a co-defendant but was dismissed with prejudice on September 24, 2025.

Apple Inc. is represented by attorneys from Morrison & Foerster LLP. The counsel of record for Apple Inc. includes:

• Ryan J. Malloy

  • Role: Attorney.
  • Firm: Morrison Foerster, LLP.
  • Note: Ryan Malloy is noted as having filed an affidavit in support of Apple's opposition to a motion for extension. He is a partner in Morrison Foerster's IP Litigation Group, specializing in patent litigation in district courts and the ITC, and also handles PTAB proceedings. He has experience representing major technology companies.

• Nima I. Kiaei

  • Role: Attorney.
  • Firm: Morrison & Foerster LLP.
  • Note: Nima Kiaei is a partner at Morrison Foerster and focuses on intellectual property litigation, particularly patent and trade secret disputes across various technologies, including software, telecommunications, and consumer electronics.

• Brian Christopher Nash

  • Role: Attorney.
  • Firm: Morrison & Foerster LLP.
  • Note: Brian Nash is a partner in Morrison Foerster's IP Litigation Group and has extensive experience in patent litigation, particularly in the Western District of Texas. He signed Defendant Apple Inc.'s Responsive Claim Construction Brief in this case.

• Richard S.J. Hung

  • Role: Attorney.
  • Firm: Morrison & Foerster LLP.
  • Note: Richard Hung is a partner at Morrison Foerster and a co-chair of the firm's Patent Litigation Group. He focuses on high-stakes patent disputes for leading technology companies, particularly in software, hardware, and telecommunications.

• Nishi A. Tavernier

  • Role: Attorney.
  • Firm: Morrison & Foerster LLP.
  • Note: Nishi Tavernier is a partner at Morrison Foerster, specializing in patent litigation with a focus on federal district court and ITC proceedings. Her experience includes a range of technologies, such as wireless communication, software, and consumer electronics.