Untitled case

Fractus, S.A., an IP licensing company based in Barcelona, Spain, specializing in antenna technology, filed a patent infringement lawsuit against Verizon Connect Inc. and Cellco Partnership d/b/a Verizon Wireless (collectively, "Verizon"). Fractus is recognized as an early pioneer in developing antenna technology for smartphones, tablets, and other wireless IoT devices, holding a portfolio of over 40 inventions. Verizon, the defendant, operates as a major telecommunications provider with a presence in various connectivity solutions. The litigation centered on Verizon's alleged unauthorized use of Fractus' patented antenna innovations integrated into advanced connectivity solutions for fleet management, asset tracking, and aftermarket telematics. This broadly covers devices and services within the Internet of Things (IoT), including connected vehicles, smart home products, industrial IoT, and asset tracking.

The asserted patents in this case were U.S. Patent Nos. 8,456,365, 8,472,908, 8,810,458, 11,031,677, and 12,095,149. U.S. Patent No. 8,456,365, titled "Multi-Band Monopole Antennas for Mobile Communications Devices," describes an antenna with radiating arms arranged on different planes within a device. U.S. Patent No. 8,472,908, "Wireless Portable Device Including Internal Broadcast Receiver," covers a wireless portable device with at least one antenna element, radio frequency communication circuitry, and a matching network. U.S. Patent No. 8,810,458, "Wireless Handheld or Portable Device Including an Internal Antenna," claims an internal antenna with specific geometric arrangements for handheld or portable wireless devices. U.S. Patent No. 11,031,677, "Antenna for Portable Radio Communication Devices," details an antenna including an inverted F-type antenna and a parasitic element. Finally, U.S. Patent No. 12,095,149, "Multi-band Antenna for a Wireless Handheld or Portable Device," describes a multi-band antenna with a radiating element of a specific geometry and a ground plane.

The case was filed in the Eastern District of Texas, before Judge Rodney Gilstrap, and referred to Magistrate Judge Roy S. Payne. The Eastern District of Texas is a well-known venue for patent infringement litigation, often chosen by plaintiffs due to its fast-paced dockets and perceived plaintiff-friendly procedural rules. This case is notable as it reflects a continuing trend of IP licensing companies asserting patent rights against large operating companies in the burgeoning IoT sector. Although the case was initially active, Fractus and Verizon reached a settlement in March 2026, resolving the patent infringement litigation.

Patent Infringement Litigation: Fractus, S.A. v. Verizon Connect Inc. et al. (E.D. Tex. 2:24-cv-01009)

This active patent infringement litigation in the Eastern District of Texas involves Fractus, S.A. as the plaintiff and Verizon Connect Inc. and Cellco Partnership d/b/a Verizon Wireless (collectively, "Verizon") as defendants. The case primarily concerns U.S. Patent 12095149, among other antenna systems patents. A related case, Fractus, S.A. v. Geotab Inc. (2:24-cv-01008), was filed concurrently and subsequently consolidated.

Key Legal Developments:

Filing & Initial Pleadings:

• Complaint Filed (2024-12-06): Fractus, S.A. initiated the lawsuit against Verizon Connect Inc. and Cellco Partnership d/b/a Verizon Wireless in the Eastern District of Texas, alleging infringement of several antenna systems patents, including U.S. Patent 12095149. The complaint asserts that Fractus is the owner by assignment of the patents and that Verizon's substantial business activities in the district, including infringing activities, establish venue.
• Consolidation (2025-02-18): The case was consolidated with Fractus, S.A. v. Geotab Inc. (2:24-cv-01008), with 2:24-cv-01009 designated as the lead case.
• Answer & Counterclaims (Date not specified but anticipated): Defendants Verizon Connect Inc. and Verizon Wireless, along with Geotab Inc., would have subsequently filed their answers and potentially counterclaims, though specific dates are not readily available in the provided snippets. Preliminary invalidity contentions from Defendants, dated June 18, 2025, indicate that defenses were being actively prepared.

Pre-trial Motions of Substance:

• Motions to Dismiss/Stay (Anticipated, outcome not yet clear for this case): While specific motions to dismiss or stay in Fractus v. Verizon Connect are not detailed, a Docket Control Order from March 26, 2025, exists. Motions to stay pending IPR are common in such cases, and the existence of an IPR for the '149 patent (discussed below) suggests such a motion may have been filed or is pending. For example, in another case, a motion to dismiss was denied and a motion to stay pending IPR was granted in February 2025.

Claim Construction (Markman) Outcomes:

• Markman Briefing Scheduled: The docket control order from March 26, 2025, explicitly mentions "Markman briefing, subject to the issuance of the Court's claim construction order." This indicates the case is progressing towards claim construction, but a final Markman order has not yet been issued as of the current date. For comparison, other cases in the Eastern District of Texas show Markman hearings occurring around 430 days from filing.

Discovery Milestones:

• Preliminary Invalidity Contentions (2025-06-18): Defendants' Preliminary Invalidity Contentions were dated June 18, 2025.
• Docket Control Order (2025-03-26): A Docket Control Order was issued on March 26, 2025, which would typically lay out the schedule for discovery and other pre-trial events.

Trial Events, Verdict, and Post-trial Motions:

• Trial Schedule (Expected Late 2026/Early 2027): While no firm trial date is specified, a Markman hearing was set for March 19, 2025, in a related IPR context (though this appears to be a general example or a date from a different case used for comparison) and trial was "currently set for September 22, 2025" in another IPR discussion. However, considering the Eastern District of Texas median time-to-trial for patent cases is 727 days, a trial date of February 17, 2026, was projected in one IPR discussion. Given the case was filed in December 2024, a trial in late 2026 or early 2027 would be more consistent with typical timelines.

Settlement, Dismissal, Judgment, or Appeal:

• Active Status: The case is currently active. There is no information regarding settlement, dismissal, or judgment yet.

Parallel PTAB IPR/PGR Proceedings:

• IPR2025-00928 (U.S. Patent 12095149): Geotab Inc. and Geotab USA, Inc. filed a petition for Inter Partes Review (IPR) against U.S. Patent 12095149. This IPR proceeding is identified as IPR2025-00928.
• Institution Decision (2026-02-04): The Patent Trial and Appeal Board (PTAB) issued an Institution Decision on February 4, 2026. This indicates that the PTAB found a reasonable likelihood that at least one challenged claim of U.S. Patent 12095149 is unpatentable, thus instituting the IPR trial.
• Impact on Litigation: The institution of an IPR often leads to motions to stay the district court litigation, as the PTAB proceeding can resolve patentability issues more quickly. While not explicitly stated as granted in this specific case, the existence of the IPR would undoubtedly influence the district court's schedule and the parties' litigation strategy. The projected statutory deadline for a final written decision in an IPR is typically within one year of institution, so a decision for IPR2025-00928 would be expected around February 2027. This aligns with the potential for the district court case to be stayed pending the PTAB outcome.

Summary of Status: The litigation is in the pre-trial phase, with claim construction briefing underway and a parallel IPR proceeding instituted against one of the key patents at issue. The PTAB's final written decision on the IPR is anticipated in early 2027.

Fractus, S.A., the plaintiff in 2:24-cv-01009 in the Eastern District of Texas, is represented by attorneys from Susman Godfrey L.L.P., Capshaw Derieux LLP, and Miller Fair Henry PLLC. While the case has settled with defendants Verizon Connect Inc. and Cellco Partnership d/b/a Verizon Wireless, it remains active against other defendants, including Geotab Inc.. Robert Greenfeld and Xue Li of Susman Godfrey L.L.P. withdrew as counsel on May 7, 2026.

The following counsel of record represent Fractus, S.A.:

• Joseph Samuel Grinstein

  • Role: Lead Counsel
  • Firm: Susman Godfrey L.L.P., Houston, TX
  • Experience Note: A trial lawyer specializing in high-tech litigation, Grinstein has extensive experience in patent, trade secret, and tech-related antitrust cases, securing over $200 million in patent jury verdicts in 2023.

• Max Lalon Tribble, Jr.

  • Role: Lead Counsel
  • Firm: Susman Godfrey L.L.P., Houston, TX
  • Experience Note: Recognized as a premier trial lawyer, Tribble has secured momentous victories for plaintiffs in patent disputes, including a $65.7 million jury verdict against Cisco Systems and a $30.5 million verdict in a trade secrets case.

• Justin Adatto Nelson

  • Role: Lead Counsel
  • Firm: Susman Godfrey L.L.P., Houston, TX
  • Experience Note: Identified as a "Patent Star" by Managing IP in 2025 and recognized in the 2023 IAM Patent 1000 for patent expertise from Texas.

• Rachel Thompson

  • Role: Counsel
  • Firm: Susman Godfrey L.L.P., California/New York
  • Experience Note: Her background includes clerking for federal judges and serving as an executive editor of the California Law Review and a senior editor of the Berkeley Technology Law Journal.

• S. Calvin Capshaw, III

  • Role: Local Counsel
  • Firm: Capshaw DeRieux, LLP, Gladewater, TX
  • Experience Note: His practice principally involves commercial litigation, patent litigation, federal court litigation, and he is AV® Peer Review Rated.

• Elizabeth L. DeRieux

  • Role: Local Counsel
  • Firm: Capshaw DeRieux, LLP, Gladewater, TX
  • Experience Note: Has a broad federal practice including commercial litigation and intellectual property.

• Claire Abernathy Henry

  • Role: Local Counsel
  • Firm: Miller Fair Henry PLLC, Longview, TX
  • Experience Note: Handles complex commercial litigation and patent litigation, with extensive knowledge of federal court practice in the Eastern and Western Districts of Texas, and has been involved in dozens of patent trials.

• Andrea L. Fair

  • Role: Local Counsel
  • Firm: Miller Fair Henry PLLC, Longview, TX
  • Experience Note: Focuses on intellectual property litigation and excels in developing trial strategies and presentations, recently securing a $121.95 million jury verdict in patent litigation.

I'll research the defendant-side counsel of record for this case.

I have strong leads. Let me verify the docket appearances and attorney details.

Defense counsel of record — Fractus, S.A. v. Verizon Connect Inc. et al., No. 2:24-cv-01009-JRG-RSP (E.D. Tex.)

Threshold note on case posture / contradiction flag. Before listing counsel, one correction to the case file: the "Key legal developments" section states the case "is currently active" with "no information regarding settlement, dismissal, or judgment." That is inconsistent with the record I located. Fractus issued a press release on March 25, 2026 announcing a settlement with Verizon (PRNewswire, carried at lesechos-comfi), and a proposed Order Granting Joint Motion to Dismiss with Prejudice in case 2:24-cv-1009 is posted at ipfray.com. The docket's last substantive Verizon-side activity I could verify is the March 2025 Answer. Practically, therefore, the attorneys below are the counsel of record for the duration of the litigation, and their engagements on this docket ended with the March 2026 dismissal. (This is also consistent with the file's own note that Verizon's counsel withdrew from related Fractus matters — as with Robert Greenfeld and Xue Li withdrawing from the plaintiff side on May 7, 2026.)

Verizon Connect Inc. and Cellco Partnership d/b/a Verizon Wireless

Verizon was represented by a Duane Morris LLP team out of Washington, D.C. and Dallas, with The Dacus Firm, P.C. of Tyler, Texas serving as local counsel. The full team was reported by IP Fray in its settlement write-up: "Verizon was represented by Duane Morris's Christopher Joseph Tyson, Holly Elin Engelmann, Jayla Grant, John DiBaise, and Kevin Paul Anderson, as well as The Dacus Firm's Deron Dacus" (ipfray.com).

Sourcing confidence. Tyson, Engelmann, and Dacus are corroborated by two independent sources (the PACER docket extract reproduced in a PTAB exhibit — showing Tyson at Duane Morris Washington for Verizon Connect and Dacus as the filer of ECF No. 14 — and IP Fray's counsel line). Grant, DiBaise, and Anderson are supported only by the IP Fray report; treat their precise roles and offices as unconfirmed. I found no indication that any Verizon in-house attorney entered an appearance of record.

No sealed-appearance issue. Nothing I found suggests Verizon's appearances were sealed; the delay in the public record is simply that Justia's docket snapshot stops at January 16, 2025 (before the March 2025 Answer), so the later appearance notices are not in the free extract.

Cross-reference: Geotab (member case 2:24-cv-01008, consolidated into this lead case)

Because the two cases were consolidated under Rule 42 with 2:24-cv-01009 as lead (Consolidation Order, ECF No. 17, Feb. 18, 2025), Geotab's defense team appears on the same lead docket. Melissa Richards Smith of Gillam & Smith LLP (Marshall, TX) filed her Notice of Attorney Appearance for Geotab Inc. on March 5, 2025 (ECF No. 21). Geotab — not Verizon — is the petitioner in IPR2025-00928 against the '149 patent, so its PTAB counsel (separate from the district-court team) will be worth confirming if the '149 IPR remains live post-settlement.

Contradiction to flag for the plaintiff-side section

The existing "Plaintiff representatives" section lists Xue Li as Susman Godfrey (pro hac vice). IP Fray's counsel listing places her at Womble Bond Dickinson by the time of settlement — consistent with the docket showing her pro hac vice appearance for Fractus on Feb. 19, 2025 (ECF No. 20) and a later firm change. That earlier section should be reconciled.