Untitled case

This patent infringement litigation, case number 7:25-cv-00040, was 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 a private nonprofit and the exclusive intellectual property management and technology transfer organization for Arizona State University (ASU), operating as a university-linked non-practicing entity (NPE). The defendants, CrowdStrike, Inc. and CrowdStrike Holdings, Inc., are a prominent operating company in the cybersecurity industry. Skysong alleges that CrowdStrike infringes its patents through the provision of the CrowdStrike Falcon Platform, which encompasses endpoint security software and related security services.

The asserted patents in this case include U.S. Patent No. 10,313,385, U.S. Patent No. 11,275,900, U.S. Patent No. 11,775,831, and U.S. Patent No. 11,892,897. While a precise one-line technical sketch for each patent is not explicitly detailed in the provided search results, the litigation generally concerns cybersecurity technologies, particularly those related to endpoint security software, which is the core of CrowdStrike's accused platform. The case is assigned to District Judge David Counts and referred to Magistrate Judge Derek T. Gilliland. The Western District of Texas has historically been a popular venue for patent plaintiffs due to its swift procedures, though a July 2022 order randomized judge assignments in the Waco Division, mitigating the previous certainty of appearing before Judge Alan Albright.

This litigation is notable as it represents a common pattern of university-affiliated entities asserting intellectual property rights against major technology companies. The cybersecurity sector, a high-stakes and rapidly evolving market, makes this case particularly impactful, as infringement allegations against a leading platform like CrowdStrike Falcon could have significant implications for the broader industry. Furthermore, parallel PTAB proceedings are underway, with CrowdStrike Inc. having filed an Inter Partes Review (IPR2025-01400) against patent 11,892,897 and other asserted patents, which notably received a discretionary denial on institution in January 2026.

Here are the key legal developments and outcomes for the patent infringement litigation, Skysong Innovations, LLC v. CrowdStrike, Inc. and CrowdStrike Holdings, Inc., Case No. 7:25-cv-00040, as of May 23, 2026:

1. Filing & Initial Pleadings:

• Complaint Filed (2025-01-31): Skysong Innovations, LLC filed a complaint for patent infringement against CrowdStrike, Inc. and CrowdStrike Holdings, Inc. in the U.S. District Court for the Western District of Texas, Midland-Odessa Division. The complaint alleges infringement of U.S. Patent Nos. 10,313,385, 11,275,900, 11,775,831, and 11,892,897. A jury trial was demanded.
• The patents asserted were transferred to Skysong Innovations, LLC by the Arizona Board of Regents two days before the lawsuits were filed.
• Details regarding CrowdStrike's answer and any counterclaims are not available in the provided search results as of the last retrieved docket information (February 17, 2026).

2. Pre-trial Motions of Substance:

• Scheduling Order (Undated, prior to 2026-04-20): A Scheduling Order (Docket No. 55) has been issued in the case, indicating that the litigation is progressing through its pre-trial phases. Specific details of motions to dismiss, transfer, or stay pending IPR (filed by CrowdStrike in the district court) are not detailed in the available information.

3. Claim Construction (Markman) Outcomes:

• Information regarding any Markman hearing or claim construction order is not available in the provided search results.

4. Discovery Milestones:

• No specific strategically significant discovery milestones were detailed in the available search results, beyond the implication of progression due to the scheduling order.

5. Trial Events, Verdict, and Post-trial Motions:

• The case is still in its pre-trial phase and has not reached trial. No verdicts or post-trial motions have occurred.

6. Settlement, Dismissal, Judgment, or Appeal:

• The case remains active and has not reached a final disposition through settlement, dismissal, or judgment. No appeals have been filed.

7. Parallel PTAB IPR/PGR Proceedings on Asserted Patents:

• IPR2025-01397 (Challenging U.S. Patent No. 10,313,385): CrowdStrike, Inc. filed this Inter Partes Review against Skysong Innovations, LLC on August 15, 2025. This IPR was terminated on December 11, 2025.
• IPR2025-01400 (Challenging U.S. Patent No. 10,313,385): CrowdStrike, Inc. filed this Inter Partes Review petition against Skysong Innovations, LLC on September 12, 2025. The challenged patent was identified as U.S. Patent No. 10,313,385 (application number 15/362,730). The Board issued a discretionary denial of institution on January 16, 2026.
  • Note on Contradiction: The previous case summary stated that IPR2025-01400 was filed against patent 11,892,897. However, current search results from Docket Alarm and the USPTO explicitly indicate that IPR2025-01400 challenged U.S. Patent No. 10,313,385, which is also identified by its application number 15/362,730. This indicates a contradiction with the prior information provided.
• No information about IPRs specifically targeting U.S. Patent Nos. 11,275,900, 11,775,831, or 11,892,897 by CrowdStrike against Skysong Innovations was found in the provided search results beyond the initial mention in the previous summary. The discretionary denial of IPR2025-01400 means that the validity challenge for patent 10,313,385 in that specific IPR proceeding will not proceed at the PTAB, potentially leaving the district court as the primary venue for validity arguments on that patent.

Skysong Innovations, LLC is represented by several attorneys across multiple firms.

Here is the breakdown of the counsel of record for the plaintiff:

McKool Smith P.C.

• Michael J. McKool Jr. (Lead Counsel, Founder and Chairman) - Dallas, TX / Austin, TX.
  • Experience: Renowned for intellectual property litigation, he has led high-stakes patent trials resulting in over $1 billion in jury verdicts and judgments, plus another $1 billion in settlements. Notable cases include victories against Apple and Microsoft, and a landmark patent infringement suit i4i Inc. v. Microsoft Corp.
• Kevin L. Burgess (Principal) - Marshall, TX.
  • Experience: Focuses on trying patent cases and has a deep technical background. He has successfully tried many cases for patentees, securing nine-figure verdicts in wireless technology, software, and medical device sectors. Recently, he secured a $1.4 billion settlement for the State of Texas against Meta Platforms. He also represented Ericsson against Apple and Samsung in global disputes involving cell phone patents.
• John D. Love (Of Counsel) - Marshall, TX.
  • Experience: Extensive background in patent law, including over 40 years with the U.S. Patent and Trademark Office, where he held positions such as Deputy Commissioner for Patent Examination Policy.

Foster, Murphy, Altman & Nickel, PC

• David F. Nickel (Of Counsel) - Washington, D.C.
  • Experience: Focuses on Section 337 proceedings before the U.S. International Trade Commission (ITC), including patent, trademark, and copyright infringement. He has represented clients in over 100 Section 337 investigations.

Skysong Innovations, LLC (In-house counsel)

• Todd Glenn (General Counsel) - Scottsdale, AZ.
  • Experience: Joined Skysong Innovations in 2013, with responsibility for contractual, litigation, intellectual property, corporate governance, and compliance matters. He has experience supporting litigation and IP matters involving patents, trademarks, copyrights, trade secrets, and licensing.
• Mason McCarty (Assistant General Counsel) - Scottsdale, AZ.
  • Experience: Joined Skysong Innovations in 2022, with principal areas of responsibility including licensing and technology transactions, litigation, and startup development. He has a background in biotechnology and genetics and is a named inventor on five U.S. patents.

The initial complaint was filed by Key Kesan Dallmann PLLC out of Washington D.C., but current information indicates that McKool Smith P.C. and Foster, Murphy, Altman & Nickel, PC are representing Skysong Innovations, LLC.

CrowdStrike, Inc. and CrowdStrike Holdings, Inc. are represented by a team of attorneys from Morrison & Foerster LLP in this patent infringement case (7:25-cv-00040).

Here is the breakdown of the counsel of record for the defendants:

Morrison & Foerster LLP

• Brian Christopher Nash: Appeared for both CrowdStrike Inc. and Crowdstrike Holdings, Inc.
• Bita Rahebi: Appeared for both CrowdStrike Inc. and Crowdstrike Holdings, Inc.
• Nishi A. Tavernier: Appeared for both CrowdStrike Inc. and Crowdstrike Holdings, Inc.
• Richard S.J. Hung: Appeared for both CrowdStrike Inc. and Crowdstrike Holdings, Inc.
• Zachary B. Quinlan: Appeared for both CrowdStrike Inc. and Crowdstrike Holdings, Inc.
• Alex S. Yap: Appeared for both CrowdStrike Inc. and Crowdstrike Holdings, Inc.
• Catherine Jane Canby: Appeared for both CrowdStrike Inc. and Crowdstrike Holdings, Inc.
• W. Stella Mao: Appeared for both CrowdStrike Inc. and Crowdstrike Holdings, Inc.

All these attorneys from Morrison & Foerster LLP have been granted motions to appear pro hac vice, as indicated by docket entries from March 24, 2025. The firm is known for its intellectual property and technology litigation practice.