Litigation

Untitled case

Active

1:24-cv-00363

Patents at issue (1)

Summary

An active case in the Virginia Eastern District Court, noted as 'Critical' on Google Patents.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

This patent infringement litigation, case number 1:24-cv-00363, is an active declaratory judgment (DJ) action filed in the Virginia Eastern District Court. The plaintiffs in this DJ action are German multinational operating companies, Bayerische Motoren Werke AG (BMW) and Robert Bosch GmbH, which are leading manufacturers of luxury vehicles, motorcycles, and a global supplier of technology and services, including automotive parts, industrial technology, and consumer goods. They have brought this suit against Foras Technologies Limited, a plaintiff associated with the Dublin-based patent monetization firm Atlantic IP Services Limited, indicating an assertion by a Non-Practicing Entity (NPE).

The asserted patent in this case is U.S. Patent No. 7,502,958. This patent is generally related to protecting against "loss of lockstep" in processors. While the general technology area has been identified, specific accused products, services, or technologies asserted by Foras Technologies against BMW and Bosch have not been detailed in the provided search results. The DJ action was filed by BMW and Bosch in response to an affirmative infringement complaint previously lodged against them by Foras Technologies in the Western District of Texas. The judge for this specific case in the EDVA is not available from the provided search results.

This case is notable for several reasons. The Eastern District of Virginia (EDVA) is colloquially known as the "Rocket Docket" due to its expedited litigation process and efficient handling of complex cases, including intellectual property disputes, often resulting in quicker resolutions compared to other federal district courts. This procedural speed can significantly impact litigation strategy for both plaintiffs and defendants. Furthermore, the involvement of Foras Technologies, an entity tied to the patent monetization firm Atlantic IP Services Limited, highlights a common NPE assertion pattern in patent litigation. There is no information available from the search results regarding any parallel Patent Trial and Appeal Board (PTAB) IPR proceedings related to U.S. Patent No. 7,502,958.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

Patent Infringement Litigation: Foras Technologies Ltd. v. Bayerische Motoren Werke AG

Case Number: 1:24-cv-00363
Court: U.S. District Court for the Eastern District of Virginia
Patents at Issue: U.S. Patent No. 7,502,958 (and potentially U.S. Patent No. 7,624,302 B2)

This report details the key legal developments and current posture of the patent infringement litigation involving U.S. Patent No. 7,502,958, filed in the U.S. District Court for the Eastern District of Virginia.

Key Legal Developments and Outcome

Filing & Initial Pleadings:
The patent infringement lawsuit, Foras Technologies Ltd. v. Bayerische Motoren Werke AG, Case No. 1:24-cv-00363, was filed in the Eastern District of Virginia on March 6, 2024. Foras Technologies Ltd. is the plaintiff, and Bayerische Motoren Werke AG (BMW) is the defendant. While the initial complaint was filed, detailed contents of the complaint, answer, or any counterclaims are not publicly available without direct PACER access.

Pre-trial Motions of Substance:
No specific substantive pre-trial motions, such as motions to dismiss, transfer, or for summary judgment, have been publicly identified. However, given the existence of parallel IPR proceedings (detailed below), it is highly probable that motions to stay the district court litigation pending the outcome of these IPRs would have been filed. The outcomes of such motions are not publicly available in the general search results.

Claim Construction (Markman) Outcomes:
There is no publicly available information indicating that a Markman (claim construction) hearing has taken place or that a claim construction order has been issued in this case.

Discovery Milestones:
No significant discovery milestones or related motions have been publicly reported for this case.

Trial Events, Verdict, and Post-trial Motions:
As of June 19, 2026, the case is relatively recent, having been filed in March 2024. There is no indication that the case has proceeded to trial, reached a verdict, or involved any post-trial motions.

Settlement, Dismissal, Judgment, or Appeal:
The current posture of the case is active, as no public record of a settlement, dismissal, or final judgment has been found. There is no information regarding any appeals.

Parallel PTAB IPR/PGR Proceedings:
At least one Inter Partes Review (IPR) proceeding has been initiated against U.S. Patent No. 7,502,958:

  • IPR2024-00813: This IPR targets U.S. Patent No. 7,502,958, with Foras Technologies Limited identified as the Patent Owner. This IPR proceeding document, dated April 22, 2024, explicitly lists Bayerische Motoren Werke AG, et al., v. Foras Technologies Ltd., No. 1:24-cv-00363 (E.D. Va.) as a related district court proceeding. The detailed status and outcome of IPR2024-00813 (e.g., institution decision, final written decision) were not publicly discoverable through general web searches of the USPTO's Patent Trial and Appeal Case Tracking System (P-TACTS) without specific access credentials or document numbers.

It's also worth noting that related PTAB IPR documents for a different patent, U.S. Patent No. 7,624,302 B2 (IPR2024-01347), also identify the district court case 1:24-cv-00363 (E.D. Va.) as a related proceeding involving the '302 patent. This suggests the district court litigation may involve multiple patents, but the primary focus of this report is Patent No. 7,502,958 as specified in the prompt.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

Foras Technologies Ltd., the plaintiff in 1:24-cv-00363 in the Virginia Eastern District Court, is represented by the following counsel:

  • Brett Cooper

    • Role: Lead Counsel (in related PTAB IPR proceedings, likely also lead counsel in this district court case)
    • Firm: BC Law Group, P.C., New York, NY
    • Note: Represents Foras Technologies Ltd. in patent litigation and related inter partes review (IPR) proceedings before the Patent Trial and Appeal Board.
  • Robert A. Auchter

    • Role: Of Counsel (listed as "Back-Up Counsel" in related PTAB IPR proceedings, likely similar role in this district court case)
    • Firm: Auchter PLLC, Washington, DC
    • Note: Serves as counsel for Foras Technologies Ltd. in patent disputes, including IPRs challenging their patents.
  • Seth Lindner

    • Role: Of Counsel (listed as "Back-Up Counsel" in related PTAB IPR proceedings, likely similar role in this district court case)
    • Firm: BC Law Group, P.C., New York, NY
    • Note: Represents Foras Technologies Ltd. in patent litigation and related inter partes review (IPR) proceedings.

While the direct roles (lead, of counsel) for the district court case are inferred from their stated roles in closely related PTAB IPR proceedings involving the same parties and patents, these attorneys are explicitly identified as representing Foras Technologies Ltd. in filings associated with their patent assertions.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

The counsel of record representing Bayerische Motoren Werke AG (BMW) in Foras Technologies Ltd. v. Bayerische Motoren Werke AG, Case No. 1:24-cv-00363 in the Virginia Eastern District Court, could not be definitively identified through public web searches without direct access to the court's docket. Court filings, such as those on PACER, would typically contain this information.

However, based on BMW's consistent representation in other patent litigation matters, particularly within the Eastern District of Virginia, the firm Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, is a frequent representative for BMW.

Likely Counsel (based on other BMW patent litigation in EDVA and related matters):

  • Lionel M. Lavenue
    • Role: Lead Counsel (common for BMW patent litigation)
    • Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Reston, VA
    • Experience Note: Mr. Lavenue is a partner at Finnegan and has repeatedly represented BMW in significant patent disputes, including a victory for BMW Group in the Eastern District of Virginia against Arigna Technology Limited regarding U.S. Patent No. 7,049,850. He also represented BMW in an Administrative Procedure Act challenge against the USPTO Director in the Eastern District of Virginia (Case No. 1:24-cv-00235), concerning a cruise control patent, where BMW secured a favorable ruling.

BMW In-House Counsel:

  • Reinhold Diener
    • Role: Vice President of Intellectual Property
    • Firm: BMW Group (in-house)
    • Experience Note: Mr. Diener frequently comments on BMW's patent litigation strategy, emphasizing the company's approach to vigorously defend against and deter meritless patent assertion lawsuits without payment.

While other firms like DLA Piper have also successfully defended BMW in patent infringement lawsuits (e.g., against Michigan Motor Technologies), Finnegan's presence and success in patent-related cases within the Eastern District of Virginia for BMW suggest they are a likely choice for the current case.

Without direct docket access, it is not possible to provide a definitive list of all counsel of record for this specific case. If filings are sealed or counsel has not yet appeared, that information would also only be available via the official docket.