Untitled case

An ongoing patent infringement lawsuit, 7:25-cv-00040, has been filed in the U.S. District Court for the Western District of Texas, Midland-Odessa Division, by Skysong Innovations, LLC against CrowdStrike, Inc. and CrowdStrike Holdings, Inc.. Skysong Innovations is identified as the exclusive intellectual property management and technology transfer organization for Arizona State University (ASU), positioning it as a university-affiliated non-practicing entity (NPE) or patent assertion entity (PAE). CrowdStrike is a cybersecurity technology company known for its endpoint security software. The lawsuit alleges that CrowdStrike's Falcon Platform, a comprehensive cybersecurity solution, infringes the asserted patents.

The litigation asserts four patents, including U.S. Patent No. 11,775,831. While the exact technical details connecting each patent specifically to the accused cybersecurity product would require a deeper dive into the claims, U.S. Patent No. 11,775,831 generally relates to a networking database system in which individuals are connected by defined and mutually confirmed relationships, with e-mail messaging and interactive communication used for its construction. The patents were transferred from the Arizona Board of Regents to Skysong Innovations shortly before the lawsuit was filed, a common practice for university-linked assertion entities. As of the initial filings, the case had yet to be assigned to a specific judge.

The choice of the Western District of Texas as the venue is notable, as it has become a popular forum for patent infringement lawsuits due to its reputation for a fast-paced docket and patentee-friendly rules and judges, although specific judicial assignment is still pending in this case. The involvement of a university-linked NPE like Skysong Innovations, asserting patents related to a core technology of a major cybersecurity firm like CrowdStrike, suggests that the case could have implications for the cybersecurity industry's patent landscape and highlights the ongoing trend of universities monetizing their intellectual property through litigation.

Key Legal Developments in Skysong Innovations, LLC v. CrowdStrike Inc. et al.

This patent infringement lawsuit, filed in the Texas Western District Court under case number 7:25-cv-00040, involves plaintiff Skysong Innovations, LLC and defendants CrowdStrike Inc. and Crowdstrike Holdings, Inc.. The litigation centers on alleged infringement of U.S. Patent No. 11,775,831, along with U.S. Patents 10,313,385, 11,275,900, and 11,892,897. The case is currently ongoing, with significant pre-trial activity and parallel PTAB proceedings.

Filing & Initial Pleadings

The lawsuit was initiated by Skysong Innovations, LLC on January 31, 2025, with a complaint alleging patent infringement by CrowdStrike's Falcon Platform. The complaint included a demand for a jury trial. While the exact date for CrowdStrike's answer and any counterclaims is not specified in the public records available, these initial pleadings would have been filed in due course as part of the ongoing litigation.

Pre-Trial Motions of Substance

On May 30, 2025, District Judge Rodney Gilstrap issued a Docket Control Order setting key deadlines for the case. The case is assigned to District Judge David Counts, with Judge Derek Tod Gilliland as the referred judge.

Claim Construction (Markman)

A Markman hearing for claim construction was scheduled for May 12, 2026, at 9:00 AM before District Judge Rodney Gilstrap. As of the current date (May 28, 2026), the outcome of this hearing has not been publicly reported in the search results.

Discovery Milestones

No specific strategically significant discovery milestones have been publicly reported for this case.

Trial Events and Post-Trial Motions

The case is currently in the pre-trial phase. A Pretrial Conference is scheduled for September 28, 2026, at 9:00 AM, and jury selection is set for November 2, 2026, at 9:00 AM, both before District Judge Rodney Gilstrap. No trial events, verdict, or post-trial motions have occurred as of yet.

Final Disposition or Present Posture

The litigation is active and proceeding towards trial. The most recent significant event for which a date is known was the Markman hearing on May 12, 2026.

Parallel PTAB IPR Proceedings

Defendants CrowdStrike Inc. initiated multiple Inter Partes Review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) against the patents asserted in this litigation:

• U.S. Patent No. 11,775,831: CrowdStrike Inc. filed IPR2025-01399 on September 26, 2025. The PTAB issued a "Discretionary Denial" of institution on January 16, 2026, meaning the IPR was not instituted and the patent claims will not be reviewed by the PTAB.
• U.S. Patent No. 11,275,900: CrowdStrike Inc. filed IPR2025-01398 on August 25, 2025. This IPR, which challenged claims 1-14 of the patent, also received a "Discretionary Denial" of institution on January 16, 2026.
• U.S. Patent No. 10,313,385: CrowdStrike Inc. filed IPR2025-01397 on August 15, 2025.
• U.S. Patent No. 11,892,897: CrowdStrike Inc. filed IPR2025-01170 on July 25, 2025.

The discretionary denials of the IPR petitions for U.S. Patent No. 11,775,831 and U.S. Patent No. 11,275,900 mean that the district court litigation will likely proceed without a stay based on these IPRs, and the validity of these patents will continue to be litigated in the Western District of Texas.

Plaintiff Skysong Innovations, LLC is represented by attorneys from Key Kesan Dallmann PLLC and Cahill Gordon & Reindel LLP, as well as in-house counsel from Skysong Innovations.

Here's a breakdown of the counsel of record for Skysong Innovations:

Lead Counsel / Retained Counsel:

• Jay P. Kesan (Lead Counsel)
  • Firm: Key Kesan Dallmann PLLC (Washington D.C. office)
  • Note: Jay P. Kesan is associated with patent litigation and has been noted for filing complaints on behalf of Skysong Innovations.
• Cecil E. Key (Lead Counsel)
  • Firm: Key Kesan Dallmann PLLC (Washington D.C. office)
• Britton F. Davis (Lead Counsel)
  • Firm: Cahill Gordon & Reindel LLP
• Halima Shukri Ndai (Lead Counsel)
  • Firm: Cahill Gordon & Reindel LLP
  • Note: Halima Ndai is a patent attorney with experience in software and security, and is listed in other related cases for Skysong Innovations.
• Alfonso Garcia Chan (Lead Counsel)
  • Firm: Cahill Gordon & Reindel LLP
• Matthew David Wood (Lead Counsel)
  • Firm: Cahill Gordon & Reindel
• Christopher C. Campbell (Lead Counsel)
  • Firm: Cahill Gordon & Reindel LLP

In-House Counsel (Skysong Innovations):

• Augustine V. Cheng, J.D. (CEO and Chief Legal Officer)
  • Firm: Skysong Innovations (Arizona State University affiliated)
  • Note: Augustine Cheng has extensive experience in IP licensing, industry-sponsored research, and related litigation, and previously founded and led the Patent & Licensing Group at Columbia University.
• Kyle N. Siegal, M.S., J.D. (Executive Director and Chief Patent Counsel)
  • Firm: Skysong Innovations (Arizona State University affiliated)
  • Note: Kyle Siegal is a registered patent attorney with a background in identifying, securing, and enforcing intellectual property rights for clients ranging from tech startups to Fortune 500 companies.
• Todd Glenn, J.D. (General Counsel)
  • Firm: Skysong Innovations (Arizona State University affiliated)
  • Note: Todd Glenn's responsibilities include contractual, litigation, intellectual property, corporate governance, and compliance matters for Skysong Innovations.
• Mason McCarty, J.D. (Assistant General Counsel)
  • Firm: Skysong Innovations (Arizona State University affiliated)
  • Note: Mason McCarty focuses on licensing and technology transactions, compliance, complex commercial contracts, and litigation, with a background in intellectual property law.
• Shen Yan, J.D. (Associate Director of Intellectual Property Services)
  • Firm: Skysong Innovations (Arizona State University affiliated)
  • Note: Shen Yan is a registered patent attorney focusing on legal protection for ASU innovation in the Physical Sciences.

The case was filed on January 31, 2025, and an amended complaint was filed on May 16, 2025. The case has been assigned to Judge David Counts, with referral to Magistrate Judge Derek T. Gilliland.

CrowdStrike, Inc. and CrowdStrike Holdings, Inc., the defendants in Skysong Innovations, LLC v. CrowdStrike Inc. et al (7:25-cv-00040), are represented by attorneys from Morrison & Foerster LLP and Cahill Gordon & Reindel LLP.

Here is a breakdown of the identified counsel:

Morrison & Foerster LLP

• Brian Christopher Nash: Counsel (role not specified as lead, of counsel, or local, but appears to be actively involved).
• Bita Rahebi: Counsel (role not specified).
• Nishi A. Tavernier: Counsel (role not specified).
• Richard S.J. Hung: Counsel (role not specified).
• Zachary B. Quinlan: Counsel (role not specified).
• Alex S. Yap: Counsel (role not specified).
• Catherine Jane Canby: Counsel (role not specified).
• W. Stella Mao: Previously listed as counsel, but has formally withdrawn from the case.

Cahill Gordon & Reindel LLP

• Britton F. Davis: Counsel (role not specified).
• Halima Shukri Ndai: Patent attorney with 10 years of experience, practicing in areas including computer architecture, software, and cybersecurity.
• Alfonso Garcia Chan: Counsel (role not specified).
• Matthew David Wood: Counsel (role not specified).
• Christopher C. Campbell: Counsel (role not specified).

While not explicitly stated as local counsel, it is common for firms outside of the Western District of Texas to associate with local counsel for cases in the district. The filings do not explicitly distinguish between lead and other roles for all listed attorneys.

CrowdStrike has also been involved in other patent disputes, including IPR proceedings, which may provide insight into their typical litigation counsel. For instance, in an IPR against GoSecure, Inc., attorneys from Jeffer Mangels Butler & Mitchell LLP were mentioned in connection with CrowdStrike. CrowdStrike also has an in-house IP team, including patent attorneys, who manage their patent portfolio and collaborate with outside counsel.