Untitled case

Smart Speaker LLC Sues Amazon Over Echo Devices in Eastern District of Texas

Smart Speaker LLC, identified as a Non-Practicing Entity (NPE) or Patent Assertion Entity (PAE) that acquired patents from May Patents, has filed a patent infringement lawsuit against Amazon.com Services LLC in the U.S. District Court for the Eastern District of Texas. The plaintiff accuses Amazon's popular Echo line of smart speaker products of infringing several patents, including US Patent 12,401,720. Amazon Echo devices, which connect to the Alexa voice-controlled intelligent personal assistant service, are targeted for their core functionalities involving voice interaction and smart home integration.

The asserted patent, US Patent 12,401,720, is one of several patents at issue in the litigation, which also includes US Patents 12,316,706, 12,010,174, 11,128,710, 11,190,590, and 12,401,721. A technical sketch of US Patent 12,401,720 reveals that it pertains to "Server-based control of a client device".

The case, assigned to the prominent patent judge District Judge Rodney Gilstrap in the Marshall Division of the Eastern District of Texas (case number 2:25-cv-00707), is in its early stages. A First Amended Complaint for Patent Infringement was filed by Smart Speaker LLC, and Amazon.com Services LLC has since filed motions to dismiss portions of the complaint and to stay the proceedings. This venue, the Eastern District of Texas, is frequently chosen by patent plaintiffs due to its reputation for a fast-paced "rocket docket," plaintiff-friendly juries, and judges experienced in patent matters, although recent Supreme Court rulings have aimed to limit venue options. The case is further complicated by Amazon's filing of multiple inter partes review (IPR) petitions against the asserted patents, including IPR2026-00280 against US Patent 12,401,720, indicating a parallel challenge to the patents' validity at the Patent Trial and Appeal Board (PTAB). The outcome of this litigation could impact the features and development of smart speaker technology within the competitive smart home market.

Ongoing Patent Infringement Litigation: Smart Speaker LLC v. Amazon.com Services LLC

Case Name: Smart Speaker LLC v. Amazon.com Services LLC
Case Number: 2:25-cv-00707
Court: U.S. District Court for the Eastern District of Texas
Presiding Judge: Rodney Gilstrap
Patent at Issue: US patent 12401720
Status: Ongoing

This patent infringement lawsuit was filed by Smart Speaker LLC against Amazon.com Services LLC in the Eastern District of Texas on July 11, 2025. The case is currently in the pre-trial phase, with key scheduling orders in place.

Key Legal Developments:

• Filing & Initial Pleadings:

  • Complaint: Smart Speaker LLC filed its complaint alleging patent infringement of US patent 12401720 on July 11, 2025. The plaintiff has demanded a jury trial.
  • While the specific docket entry for Amazon.com Services LLC's answer and counterclaims was not explicitly found in the provided search results, the filing of a motion to dismiss a First Amended Complaint implies that an initial complaint was responded to and subsequently amended.

• Pre-trial Motions of Substance:

  • Motion to Dismiss: On November 4, 2025, Amazon.com Services LLC filed a "MOTION to Dismiss in Part Plaintiff's First Amended Complaint for Failure to State a Claim" (Docket Filing 36).
  • Smart Speaker LLC filed a "RESPONSE in Opposition" to this motion on November 18, 2025.
  • Amazon.com Services LLC filed a "REPLY to Response" on November 26, 2025.
  • Smart Speaker LLC submitted a "SUR-REPLY" on December 3, 2025.
  • The outcome of this motion to dismiss is not yet available in the provided information.

• Claim Construction (Markman) & Trial Schedule:

  • A Markman/Claim Construction Hearing is set for December 14, 2026, at 9:00 AM before District Judge Rodney Gilstrap.
  • A Pretrial Conference is scheduled for May 3, 2027, at 9:00 AM.
  • Jury Selection is slated for June 7, 2027, at 9:00 AM.

• Discovery Milestones:

  • The court has been actively managing discovery, issuing several orders in late 2025:
    • An "ORDER granting #31 Motion for PROTECTIVE ORDER" was signed on October 29, 2025, and filed on October 30, 2025.
    • An "ORDER granting #29 Motion for DISCOVERY ORDER" was signed on October 28, 2025, and filed on October 29, 2025.
    • A "JOINT MOTION for Entry of Agreed Protective Order" was filed on October 28, 2025.
    • A "JOINT MOTION for Extension of Time to File Proposed E-Discovery Order" was filed on November 28, 2025, which was granted on December 4, 2025.
    • A "JOINT MOTION Entry of E-Discovery Order" was filed on December 5, 2025, leading to an "ORDER REGARDING E-DISCOVERY" signed on December 10, 2025.

• Parallel PTAB IPR/PGR Proceedings:

  • Counsel for Smart Speaker LLC is noted to represent them in "related IPR proceedings." However, specific IPR or PGR proceedings directly challenging US patent 12401720 at the Patent Trial and Appeal Board (PTAB) could not be identified from the available search results.

The case remains active and is proceeding towards a Markman hearing in late 2026 and a jury trial in mid-2027. The outcome of the motion to dismiss and any potential PTAB challenges will be significant developments in this litigation.

The plaintiff in Smart Speaker LLC v. Amazon.com Services LLC, Case No. 2:25-cv-00707, is Smart Speaker LLC. The counsel of record representing Smart Speaker LLC are from Fabricant Rubino Lambrianakos LLP and Truelove Law Firm.

Here are the details for each attorney:

• Alfred R. Fabricant

  • Role: Lead Counsel / Partner
  • Firm: Fabricant Rubino Lambrianakos LLP, Rye, New York (with additional offices in New Jersey, Washington, D.C., and California).
  • Experience: A founding partner of Fabricant Rubino Lambrianakos LLP, formerly Fabricant LLP, specializing in high-stakes patent litigation. He has extensive experience representing patent holders against large technology companies in various forums, including federal courts, the ITC, and the PTAB. Notably, he has experience in patent infringement actions against Amazon related to smart speaker technology, including a seven-figure jury verdict for a plaintiff against Amazon. He is also recognized for pioneering litigation finance.

• Vincent J. Rubino, III

  • Role: Lead Counsel / Partner
  • Firm: Fabricant Rubino Lambrianakos LLP, Rye, New York.
  • Experience: A founding partner at Fabricant Rubino Lambrianakos LLP, he has a strong background in patent litigation across various industries like smartphones, wireless, and semiconductors. He has litigated in numerous popular patent venues, including the Eastern District of Texas, and has significant experience before the PTAB in over 250 proceedings. He also has advanced degrees in Biomedical and Electrical Engineering, providing extensive technical expertise. He has represented plaintiffs in patent infringement cases against Amazon.

• Peter Lambrianakos

  • Role: Lead Counsel / Managing Partner
  • Firm: Fabricant Rubino Lambrianakos LLP, Rye, New York.
  • Experience: Managing Partner at Fabricant Rubino Lambrianakos LLP. He has secured substantial recoveries against major global technology companies in disputes involving cutting-edge technologies, including consumer products companies over acoustic processing and smart speaker technology. He also has experience in patent infringement cases against Amazon.

• Joseph Mercadante

  • Role: Partner
  • Firm: Fabricant Rubino Lambrianakos LLP.
  • Experience: Experienced patent litigator with a focus on electronics, including computer hardware and software, automotive technologies, telecommunications, and semiconductors. He has litigated patent disputes in courts nationwide, including the Eastern District of Texas, and is involved in all aspects of patent litigation, from pre-suit investigations to trial.

• Jennifer Truelove

  • Role: Local Counsel (McKool Smith also lists her as a Principal in Marshall, TX, implying she may be part of Truelove Law Firm for this local counsel role).
  • Firm: Truelove Law Firm, Marshall, TX.
  • Experience: An accomplished trial lawyer, Jennifer Truelove is known for her intellectual property, antitrust, and contract dispute litigation focus. She has been involved in many significant trials in the Eastern District of Texas and has secured numerous multi-million dollar verdicts for her clients in patent infringement cases, including against Samsung and Micron. She was also awarded "Texas Attorney of the Year" by Texas Lawyer in 2024.

• Justin Kurt Truelove

  • Role: Local Counsel
  • Firm: Truelove Law Firm, PLLC, Marshall, TX.
  • Experience: Justin Kurt Truelove practices intellectual property litigation, among other areas, and runs his solo law practice in Marshall, TX, near the federal courthouse. He has served as local counsel in Harrison County for significant cases, including a $287 million verdict for a telecommunications company.

• Michael E. Jones

  • Role: Local Counsel (likely associated with Truelove Law Firm in this capacity, given the local counsel arrangement in the Eastern District of Texas).
  • Firm: Potter Minton, Tyler, TX.
  • Experience: Michael E. Jones is an experienced trial lawyer specializing in intellectual property litigation, with a track record of successfully trying cases for both plaintiffs and defendants in the Eastern District of Texas. He secured a $41 million judgment for a plaintiff in a patent infringement case, which was recognized as a "Top Ten Texas Verdict" in 2004. He has been designated a "go to" lawyer for Fortune 500 companies in IP litigation and a "Super Lawyer" by Texas Lawyer for ten consecutive years.

It is worth noting that Fabricant Rubino Lambrianakos LLP rebranded from Fabricant LLP in March 2026, reflecting the firm's growth and the contributions of its partners. While the initial complaint may have listed Fabricant LLP, the firm is now operating under its new name.

Amazon.com Services LLC, the defendant in Smart Speaker LLC v. Amazon.com Services LLC, Case No. 2:25-cv-00707, is represented by attorneys from Morrison & Foerster LLP and Dacus FirmLocal.

Here's a breakdown of the identified counsel:

Morrison & Foerster LLP

Morrison & Foerster is a global firm with a substantial intellectual property and patent litigation practice, frequently representing clients in high-profile and complex patent disputes across various industries including technology, life sciences, and consumer products. They have experience in active patent venues like the Eastern District of Texas, the District of Delaware, and California, and regularly appear before the PTAB and Federal Circuit. The firm has offices across the United States, including Austin, Boston, Denver, Los Angeles, New York, Palo Alto, San Diego, San Francisco, Seattle, and Washington, D.C.

• Richard S.J. Hung

  • Role: Lead Counsel (Global Co-Chair of Litigation Department, previously co-led IP Litigation Group and Intellectual Property Group).
  • Firm: Morrison & Foerster LLP, San Francisco, California.
  • Relevant Experience: Nationally recognized IP litigation attorney with nearly 30 years of experience, a registered patent lawyer, and a former Federal Circuit clerk. He has led complex technology matters and has been recognized as a "Top Intellectual Property Lawyer" by the Daily Journal. Hung led a team that secured a $7.6 million jury verdict in a patent case and has defended clients against patent assertions, including representing Amazon.com in a patent infringement suit that settled after a favorable claim construction ruling.

• Michael J. Abernathy

  • Role: Counsel (Partner and Co-leader of the firm's Intellectual Property Disputes Practice and IP Life Sciences Practice).
  • Firm: Morgan, Lewis & Bockius LLP, Chicago, Illinois.
  • Relevant Experience: Concentrates on patent, trade secret, and antitrust litigation with 35 years of experience. He has first-chair trial experience in biopharma and technology cases and has advised corporations on strategic use of IP assets, post-grant review, and licensing programs. Abernathy is highly sought after for "bet-the-company" litigation.
    It is important to note that while Michael J. Abernathy is a prominent patent litigator, the initial case metadata and subsequent search results for "Smart Speaker LLC v. Amazon.com Services LLC 2:25-cv-00707 defendant counsel" primarily identify Morrison & Foerster LLP and Dacus FirmLocal as representing Amazon.com Services LLC. Morgan, Lewis & Bockius LLP, where Abernathy is a partner, is not directly listed as counsel for Amazon in this specific case based on the provided search results. His experience is noted due to the general nature of the request for relevant patent litigation experience, but his direct involvement in this particular case for Amazon is not explicitly confirmed by the provided sources.

Dacus FirmLocal

Dacus FirmLocal is an East Texas law firm specializing in patent litigation, having represented clients in hundreds of patent cases in the Eastern District of Texas. They are known for their local expertise and have served as both local and lead counsel. Their office is located in Tyler, Texas.

• Kenneth W. Dacus (likely Deron Dacus, based on firm website details)
  • Role: Local Counsel (Trial Attorney, Board Certified Civil Trial Lawyer).
  • Firm: Dacus FirmLocal, Tyler, Texas.
  • Relevant Experience: Focuses on business, commercial, and patent litigation. He has extensive experience in patent litigation in the Eastern District of Texas, representing clients in over 1,000 patent cases and successfully trying dozens to verdict. He is also a licensed Certified Public Accountant.