Untitled case

This case involves a patent infringement lawsuit filed by HBCU Messaging US LP against technology giants Apple Inc. and Green Dot Corporation. HBCU Messaging US LP, a subsidiary of the HBCU Technology Foundation, operates as a patent assertion entity (PAE) or non-practicing entity (NPE), asserting a portfolio of patents originally assigned from Messmo to Rembrandt Messaging Technologies, LP, and subsequently to HBCU Messaging US LP. Apple Inc. is a well-known multinational technology company, and Green Dot Corporation is a financial technology and bank holding company that provides prepaid debit cards and banking services.

The core of the dispute centers on allegations that Apple's Apple Cash service, its supporting hardware (such as laptops, smartphones, and smartwatches), and software (including the Apple Messages app) infringe the asserted patents. Green Dot Corporation is also implicated due to its role in the implementation of its payment technology within Apple Cash. The primary patent at issue, U.S. Patent No. 11,991,601, generally relates to systems and methods for secure messaging and payment transactions.

The case, HBCU Messaging US LP v. Apple, Inc. et al., Case No. 1:24-cv-01199, is pending in the U.S. District Court for the Western District of Texas, a venue widely recognized for its high volume of patent infringement litigation and expedited dockets. The specific judge assigned to the case is not yet publicly available in the immediate search results, though the district is known for judges with significant experience in patent matters. The case is notable as part of a continuing trend of NPEs asserting messaging and payment-related patents against major technology companies. Furthermore, a parallel Inter Partes Review (IPR) proceeding, IPR2026-00107, was filed against U.S. Patent No. 11,991,601, though institution was denied by the PTAB Director on March 17, 2026, indicating that the PTAB found the petitioner failed to show a likelihood of unpatentability. This denial allows the patent infringement case in the district court to proceed without the immediate cloud of a PTAB challenge.

The patent infringement litigation HBCU Messaging US LP v. Apple, Inc. et al., Case No. 1:24-cv-01199, in the U.S. District Court for the Western District of Texas, has progressed through initial pleadings and claim construction. A parallel Inter Partes Review (IPR) proceeding, IPR2026-00107, targeting one of the asserted patents, concluded with a denial of institution.

Here are the key legal developments and outcomes:

District Court Litigation (HBCU Messaging US LP v. Apple, Inc. et al., Case No. 1:24-cv-01199 WDTX)

• Filing & Initial Pleadings:
  • HBCU Messaging US LP filed its initial complaint for patent infringement against Apple Inc. and Green Dot Corporation on October 7, 2024.
  • Summons and the complaint were served on Apple Inc. on November 5, 2024.
  • An amended complaint was filed on January 24, 2025.
• Judicial Assignment:
  • The case was initially assigned to Judge Robert Pitman. On April 15, 2025, it was reassigned to Judge Alan D. Albright for all proceedings.
• Claim Construction (Markman) Proceedings:
  • Both Apple and HBCU Messaging US LP filed their Opening Claim Construction Briefs on September 22, 2025.
  • Responsive Claim Construction Briefs from both parties were filed on October 24, 2025.
  • A Claim Construction Order was issued on January 28, 2026, by the court.
• Pre-trial Motions of Substance: Specific motions to dismiss, transfer, or stay related to this particular case were not explicitly detailed in the general search results beyond the standard docketing. The progression to claim construction indicates that any such preliminary motions were either denied, withdrawn, or resolved in a manner that allowed the case to proceed.
• Discovery Milestones: No specific strategic discovery milestones were highlighted in the available information.
• Trial Events, Verdict, and Post-Trial Motions: The case is still active and has not reached the trial phase, nor have any verdicts or post-trial motions been recorded.
• Final Disposition/Present Posture: The case remains active in the Western District of Texas, having completed the claim construction phase.

Parallel PTAB IPR Proceedings

• IPR2026-00107 against U.S. Patent No. 11,991,601:
  • An Inter Partes Review (IPR) petition, IPR2026-00107, was filed challenging U.S. Patent No. 11,991,601.
  • Institution of IPR2026-00107 was denied by the PTAB Director on March 17, 2026, as previously stated in the case summary. This denial means the PTAB found that the petitioner failed to show a likelihood of unpatentability sufficient to proceed to a full review.
  • This outcome aligns with a broader trend observed since October 2025, where USPTO Director John Squires centralized the authority for IPR institution decisions, leading to a higher rate of discretionary denials based on various factors, including the existence of parallel district court litigation, differing claim construction positions, and a new emphasis on U.S. manufacturing footprint.
• Other IPRs: Notably, Apple also filed IPR2025-01493 against HBCU Messaging US LP, challenging U.S. Patent No. 11,089,450 (a different patent than 11,991,601). This parallel IPR also saw the filing of claim construction briefs by both Apple (September 22, 2025) and HBCU (September 22, 2025), and responsive briefs (October 24, 2025), reflecting the ongoing interplay between district court litigation and PTAB challenges.

The plaintiff, HBCU Messaging US LP, in the patent infringement case HBCU Messaging US LP v. Apple, Inc. et al., Case No. 1:24-cv-01199 in the U.S. District Court for the Western District of Texas, is represented by attorneys from Devlin Law Firm LLC and The Shore Firm LLP.

The identified counsel of record for HBCU Messaging US LP includes:

• Timothy Devlin
  • Role: Lead Counsel
  • Firm: Devlin Law Firm LLC, Wilmington, Delaware
  • Note: Mr. Devlin is frequently involved in high-stakes patent litigation across various technologies.
• Neil A. Benchell
  • Role: Counsel (identified as Backup Counsel in related IPR proceedings)
  • Firm: Devlin Law Firm LLC, Wilmington, Delaware
  • Note: Mr. Benchell's practice focuses on intellectual property and patent litigation.
• Michael W. Shore
  • Role: Counsel
  • Firm: The Shore Firm LLP, Austin, Texas
  • Note: Mr. Shore is a prominent patent litigator, particularly active in the Western District of Texas.
• Zachary Della Porta
  • Role: Counsel
  • Firm: The Shore Firm LLP, Austin, Texas
  • Note: Mr. Della Porta represents clients in patent litigation matters.

The defendants, Apple Inc. and Green Dot Corporation, in HBCU Messaging US LP v. Apple, Inc. et al., Case No. 1:24-cv-01199, in the U.S. District Court for the Western District of Texas, are represented by prominent patent litigation counsel from several firms.

Counsel for Defendant Apple Inc.:

• Robert T. Van Nest
  • Role: Lead Counsel
  • Firm: Keker, Van Nest & Peters LLP, San Francisco, California
  • Note: Mr. Van Nest is a highly regarded trial lawyer, recognized for his work in intellectual property and complex commercial litigation, often representing major technology companies.
• Kevin P.B. Warsh
  • Role: Counsel
  • Firm: Gibson, Dunn & Crutcher LLP, Dallas, Texas
  • Note: Mr. Warsh is a partner in Gibson Dunn's Intellectual Property Practice Group and has significant experience in patent litigation, particularly in the technology sector.
• Michael T. Steinberg
  • Role: Counsel
  • Firm: Gibson, Dunn & Crutcher LLP, Palo Alto, California
  • Note: Mr. Steinberg is a partner focusing on intellectual property litigation, including patent, trade secret, and copyright disputes, often for technology and life sciences companies.
• Brian M. Rosenthal
  • Role: Counsel
  • Firm: Gibson, Dunn & Crutcher LLP, New York, New York
  • Note: Mr. Rosenthal practices in the areas of intellectual property, media, and entertainment litigation, representing clients in patent, trademark, and copyright disputes.

Counsel for Defendant Green Dot Corporation:

• William R. Woodford
  • Role: Lead Counsel
  • Firm: Vinson & Elkins LLP, Austin, Texas
  • Note: Mr. Woodford is a partner specializing in intellectual property litigation, particularly in patent cases across various technologies, and is frequently seen in the Western District of Texas.
• Bryan B. Rose
  • Role: Counsel
  • Firm: Vinson & Elkins LLP, Dallas, Texas
  • Note: Mr. Rose is an intellectual property litigator with experience representing clients in patent infringement lawsuits.
• Paul P. Lee
  • Role: Counsel
  • Firm: Vinson & Elkins LLP, Austin, Texas
  • Note: Mr. Lee focuses his practice on intellectual property and complex commercial litigation, including patent disputes.