Untitled case

Valtrus Innovations Ltd. has filed a patent infringement lawsuit in the Eastern District of Texas against TierPoint, LLC. Valtrus Innovations Ltd. is an Irish patent assertion entity (PAE), also known as a non-practicing entity (NPE), that acquires and monetizes extensive patent portfolios, often originating from companies like Hewlett Packard Enterprise (HPE). Its assertion campaigns frequently target cloud, data center, storage, and open-source related technologies. Defendant TierPoint, LLC is a leading provider of secure, connected IT platform solutions, offering colocation data centers, managed cloud services, disaster recovery, and cybersecurity solutions across the United States.

The lawsuit concerns U.S. Patent No. 7,057,509. This patent is titled "System and method for intelligent power control in an enterprise." It generally describes methods and systems for managing power within an enterprise computing environment, likely focusing on optimizing power distribution and consumption in data centers or similar IT infrastructures. The accused products and services are broadly TierPoint's data center and cloud-based offerings, including their colocation, managed cloud, and disaster recovery services, as these involve the operation and management of extensive IT infrastructure where power control and optimization would be critical.

The case, numbered 2:25-cv-00323, was filed in the Eastern District of Texas, a venue known for being a popular forum for patent litigation, particularly for NPEs. This district is characterized by its active juries, credible trial timelines, and case management that often favors patent holders, which influences business decisions and can accelerate resolutions. The specific judge assigned to this case is not readily available from public web searches without direct PACER access. This case is notable as part of Valtrus Innovations' broader assertion strategy, which involves multiple parallel litigation programs and has led to various district court lawsuits, IPRs, and declaratory judgment actions against major technology companies. The ongoing activity by Valtrus highlights the continuing trend of PAEs asserting patents in the rapidly expanding data center and cloud computing sectors.

Valtrus Innovations Ltd. v. TierPoint, LLC (Case No. 2:25-cv-00323) in the Eastern District of Texas has seen several initial developments since its filing.

Filing & Initial Pleadings:

• Valtrus Innovations Ltd. filed the patent infringement complaint against TierPoint, LLC on April 1, 2025.
• TierPoint, LLC has filed counterclaims in the case.

Parallel PTAB IPR Proceedings:

• An Inter Partes Review (IPR) proceeding, IPR2025-01157, was filed by Google LLC against Valtrus Innovations Ltd. on June 13, 2025. While this IPR directly targets US Patent 7,939,967 B2, not 7,057,509, it is related to Valtrus Innovations Ltd. as the patent owner. The IPR was discretionarily denied institution on November 20, 2025.

As of May 29, 2026, the case is active and ongoing. No further information regarding motions to dismiss, transfer, stay, Markman outcomes, discovery milestones, trial events, or final disposition for 2:25-cv-00323 is publicly available at this time.

Valtrus Innovations Ltd. is represented by attorneys from Russ August & Kabat and Shoreline Law, LLC.

Here's a breakdown of the identified counsel:

• Marc A. Fenster (Lead Counsel)

  • Firm: Russ August & Kabat (Los Angeles, CA)
  • Mr. Fenster is co-chair of the Litigation Department and chair of the Patent Litigation department at Russ August & Kabat, which he founded in 2003. He is a first-chair trial lawyer specializing in high-technology patent litigation. He has secured significant jury verdicts in patent cases, including a $315 million verdict against Western Digital and a $262 million verdict against Western Digital, both for patent infringement. He also led a team that won a jury verdict of infringement against Apple for cellular technology patents.

• David J. Levy (Local Counsel)

  • Firm: Shoreline Law, LLC (Potentially based on the search results, however, the specific office location for Shoreline Law, LLC for this case is not explicitly stated. Another David J. Levy is associated with Morgan Lewis in Houston, TX and New York, NY, with experience defending against NPEs).
  • There appear to be at least two attorneys named David J. Levy with patent and litigation experience. One David J. Levy is listed as registered to practice before the U.S. Patent and Trademark Office and has a practice focusing on intellectual property and patent law in Marmora, NJ. Another David J. Levy, a partner at Morgan Lewis, leads their litigation practice in Houston and co-leads the international arbitration team. He has extensive experience in high-stakes commercial and intellectual property disputes, including defending clients against non-practicing entities in patent litigation. Without specific docket entries, it is difficult to definitively determine which David J. Levy is representing Valtrus as local counsel.

It is worth noting that some documents mention "Hong Annita Zhong" as potential lead or back-up counsel, but her firm and specific role are not clearly defined in the provided snippets for this particular case.

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print(google_search.search(queries=["TierPoint LLC counsel 2:25-cv-00323 Eastern District of Texas", "TierPoint LLC patent litigation counsel", "Jeffrey E. Ostrow patent litigation experience", "Marc J. Pensabene patent litigation experience", "Megan L. Easley patent litigation experience"]))
thought
The user is asking to identify the counsel of record for the defendant, TierPoint, LLC, in case 2:25-cv-00323 in the Eastern District of Texas. For each attorney, I need to provide their name, role, firm, office location, and a one-line note on relevant patent litigation experience. I will use web search to find this information, looking at PACER, docket sheets, firm websites, court opinions, Law360, and Reuters Legal.

I have already performed a search in the previous turn to find information about the plaintiff's counsel. Now I need to focus on the defendant's counsel.

I will use the following search query: "TierPoint LLC counsel 2:25-cv-00323 Eastern District of Texas". I will also look for general patent litigation experience for any attorneys identified.The previous search was for "Valtrus Innovations Ltd. counsel 2:25-cv-00323 Eastern District of Texas", and related searches for specific attorneys from Valtrus. Now I need to identify counsel for the defendant, TierPoint, LLC. The initial search results for "TierPoint LLC counsel 2:25-cv-00323 Eastern District of Texas" should help identify the attorneys and their firms. Once identified, I will perform additional searches for their specific patent litigation experience if not immediately apparent.The counsel of record representing the defendant, TierPoint, LLC, in Valtrus Innovations Ltd. v. TierPoint, LLC (Case No. 2:25-cv-00323) in the Eastern District of Texas is not explicitly detailed in the publicly available search results at this time. While several attorneys with relevant patent litigation experience were identified in general searches, no direct links to their representation of TierPoint, LLC in this specific case were found. Without access to the official court docket or specific announcements, the defendant's counsel cannot be definitively identified.