Untitled case

This case, Intellectual Ventures I LLC et al v. The Home Depot, Inc. et al, case number 1:25-cv-01147, is an active patent infringement lawsuit filed in the U.S. District Court for the Western District of Texas. The plaintiffs, Intellectual Ventures I LLC and Intellectual Ventures II LLC, are non-practicing entities (NPEs) or patent assertion entities (PAEs) known for their business model of acquiring and licensing large portfolios of intellectual property, and frequently initiating patent litigation to monetize these assets. The defendants are The Home Depot, Inc., along with its subsidiaries Home Depot U.S.A., Inc. and Home Depot Product Authority, LLC, which collectively operate as the world's largest home improvement retailer, selling tools, construction products, appliances, and services through a vast network of stores and an e-commerce platform across North America.

The litigation asserts infringement of multiple U.S. patents. The patents at issue include US Patent No. 7,712,080, which generally relates to systems and methods for parallel distributed programming, specifically designed to operate across multiple processors and memories. Other asserted patents, as indicated in court filings, are US Patent No. 7,257,582, US Patent No. 7,721,282, US Patent No. 8,332,844, US Patent No. 7,822,841, and US Patent No. 8,352,584. US Patent No. 8,332,844 broadly describes technology for root image caching and indexing for block-level distributed application management. The specific Home Depot products, services, or technologies accused of infringement are not explicitly detailed in the readily available public summaries but likely pertain to the company's extensive digital and operational infrastructure, given the nature of the asserted patents. This assertion pattern, common with Intellectual Ventures, often targets a defendant's use of widely available software or underlying technological systems rather than specific consumer-facing products they exclusively develop.

The case is currently before Judge Alan D. Albright in the Western District of Texas, Austin Division, with a Markman hearing scheduled for May 29, 2026, and a jury trial set for August 16, 2027. This venue has historically been a popular choice for patent plaintiffs, particularly NPEs, due to its reputation for faster litigation timelines and, until recently, a high likelihood of having cases assigned to Judge Albright, who has a background as a patent litigator. While a recent order in the Western District of Texas mandates random assignment of patent cases among judges, Judge Albright still handles a significant portion of the patent docket. The case is notable as it exemplifies Intellectual Ventures' ongoing strategy of asserting its broad patent portfolio against major corporations across various industries, including retail, and its potential impact on how large retailers like Home Depot manage their technological infrastructure given the broad nature of the patents. There have been efforts by organizations like Unified Patents to find prior art for patents like 7,712,080, which suggests potential challenges to the patent's validity, although specific Inter Partes Review (IPR) filings directly related to Home Depot in this case are not explicitly confirmed in the provided information.

Key Legal Developments in Intellectual Ventures LLC v. The Home Depot, Inc. (1:25-cv-01147)

This active patent infringement lawsuit, filed by Intellectual Ventures LLC against The Home Depot, Inc., Home Depot U.S.A., Inc., and Home Depot Product Authority, LLC in the U.S. District Court for the Western District of Texas, concerns U.S. Patent No. 7,712,080. The case is currently in its pre-trial phase, with significant upcoming milestones.

Chronological Developments:

• Filing & Initial Pleadings:

  • 2025-07-23: Intellectual Ventures I LLC and Intellectual Ventures II LLC filed the initial complaint against The Home Depot, Inc., Home Depot U.S.A., Inc., and Home Depot Product Authority, LLC, alleging patent infringement under 35 U.S.C. § 271. Both plaintiffs and defendants have demanded a jury trial. The complaint also included an infringement claim chart for U.S. Patent No. 7,257,582, although the case metadata specifies patent 7712080 as at issue.
  • 2025-11-14: Intellectual Ventures I LLC and Intellectual Ventures II LLC filed an answer to the defendants' counterclaims and affirmative defenses.
  • 2025-12-08: A Scheduling Order was signed by Judge Alan D. Albright. This order set key dates for the litigation.

• Pre-Trial Motions of Substance:

  • 2025-12-05: Intellectual Ventures I LLC and Intellectual Ventures II LLC filed a Joint Motion to Enter Scheduling Order.
  • The scheduling order indicates that a general deadline for "Motions" is set for 2027-04-16. Specific substantive motions such as motions to dismiss, transfer, or stay pending IPR have not been detailed in the available public docket information at this time.

• Claim Construction (Markman):

  • A Markman Hearing is scheduled for 2026-05-29 at 09:00 AM before Judge Alan D. Albright. The outcome of this hearing, which will define the scope of the patent claims, is a critical upcoming development.

• Discovery Milestones:

  • The deadline for discovery is set for 2027-01-08. No specific strategic discovery milestones are available in the current public record, beyond the general deadline.

• Trial Events & Outcome:

  • The case is still in its early stages, and no trial events, verdict, or post-trial motions have occurred.
  • The Final Pretrial Conference is set for 2027-07-23.
  • Jury Selection is scheduled for 2027-08-12.
  • The Jury Trial is set to commence on 2027-08-16 before Judge Alan D. Albright.

• Final Disposition / Present Posture:

  • The case is currently in active litigation and is in the pre-trial phase, awaiting claim construction and subsequent discovery and trial. There has been no settlement, dismissal, or judgment to date.

• Parallel PTAB IPR/PGR Proceedings:

  • A review of available information (P-TACTS) did not reveal any parallel PTAB IPR or PGR proceedings specifically initiated for U.S. Patent No. 7,712,080. While one search result mentioned IPR2025-00217 involving Intellectual Ventures II LLC, it related to U.S. Patent No. 7,257,582 and 7,257,520, not 7,712,080.## Key Legal Developments in Intellectual Ventures LLC v. The Home Depot, Inc. (1:25-cv-01147)

This active patent infringement lawsuit, filed by Intellectual Ventures LLC against The Home Depot, Inc., Home Depot U.S.A., Inc., and Home Depot Product Authority, LLC in the U.S. District Court for the Western District of Texas, concerns U.S. Patent No. 7,712,080. The case is currently in its pre-trial phase, with significant upcoming milestones.

Chronological Developments:

• Filing & Initial Pleadings:

  • 2025-07-23: Intellectual Ventures I LLC and Intellectual Ventures II LLC filed the initial complaint against The Home Depot, Inc., Home Depot U.S.A., Inc., and Home Depot Product Authority, LLC, alleging patent infringement under 35 U.S.C. § 271. Both plaintiffs and defendants have demanded a jury trial. The complaint also included an infringement claim chart for U.S. Patent No. 7,257,582.
  • 2025-11-14: Intellectual Ventures I LLC and Intellectual Ventures II LLC filed an answer to the defendants' counterclaims and affirmative defenses.
  • 2025-12-08: A Scheduling Order was signed by Judge Alan D. Albright, outlining key dates for the litigation.

• Pre-Trial Motions of Substance:

  • 2025-12-05: Intellectual Ventures I LLC and Intellectual Ventures II LLC filed a Joint Motion to Enter Scheduling Order.
  • The scheduling order includes a general deadline for "Motions" set for 2027-04-16. Specific substantive motions such as motions to dismiss, transfer, or stay pending IPR have not been detailed in the available public docket information at this time.

• Claim Construction (Markman):

  • A Markman Hearing is scheduled for 2026-05-29 at 09:00 AM before Judge Alan D. Albright. The outcome of this hearing, which will define the scope of the patent claims, is a critical upcoming development.

• Discovery Milestones:

  • The deadline for discovery is set for 2027-01-08. No specific strategic discovery milestones are available in the current public record beyond this general deadline.

• Trial Events & Outcome:

  • The case is still in its early stages, and no trial events, verdict, or post-trial motions have occurred.
  • The Final Pretrial Conference is set for 2027-07-23.
  • Jury Selection is scheduled for 2027-08-12.
  • The Jury Trial is set to commence on 2027-08-16 before Judge Alan D. Albright.

• Final Disposition / Present Posture:

  • The case is currently in active litigation and is in the pre-trial phase, awaiting claim construction and subsequent discovery and trial. There has been no settlement, dismissal, or judgment to date.

• Parallel PTAB IPR/PGR Proceedings:

  • A search for parallel PTAB IPR or PGR proceedings specifically initiated for U.S. Patent No. 7,712,080 did not yield any results. While other IPRs involving Intellectual Ventures II LLC for different patent numbers (e.g., U.S. Patent No. 7,257,582 and 7,257,520) were noted, no corresponding PTAB challenges for 7,712,080 were found in the public records.

Here's an analysis of the likely counsel of record for Intellectual Ventures LLC in case 1:25-cv-01147, based on available information.

As of May 27, 2026, the specific docket for case 1:25-cv-01147 in the Western District of Texas does not appear to be publicly available with detailed attorney appearances through standard web searches. However, based on Intellectual Ventures' typical litigation practices and general information about their legal teams, we can infer some likely individuals and firms.

In-House Counsel for Intellectual Ventures:

Intellectual Ventures (IV) maintains a robust in-house legal team that is actively involved in their patent enforcement and licensing efforts. While their specific appearance in this case needs to be confirmed by the docket, the following individuals hold key roles in IV's litigation strategy:

• Melissa Kosciusko

  • Role: General Counsel and Vice President, Corporate Affairs
  • Firm: Intellectual Ventures (in-house)
  • Office Location: Bellevue, WA (Intellectual Ventures headquarters)
  • Note: Oversees the legal department and corporate affairs, including litigation strategy.

• Russell Rigby

  • Role: Chief Counsel, Litigation
  • Firm: Intellectual Ventures (in-house)
  • Office Location: Bellevue, WA
  • Note: Responsible for overseeing global patent enforcement litigations, negotiating settlement and licensing agreements, analyzing the patent portfolio for revenue generation opportunities, and managing strategic patent prosecution. He has a strong background in intellectual property litigation and management.

• Michelle Macartney

  • Role: Director, IP Attorney
  • Firm: Intellectual Ventures (in-house)
  • Office Location: Bellevue, WA
  • Note: Focuses on patent acquisitions, prosecution, licensing, and divestitures, navigating the balance between fostering innovation and intellectual property rights.

Outside Counsel (Likely Lead/Local Counsel):

Intellectual Ventures frequently engages prominent intellectual property litigation firms as lead and local counsel. While no specific firm has been definitively identified for this particular case through the available searches, Kasowitz Benson Torres LLP has a history of representing Intellectual Ventures in patent cases in the Western District of Texas.

• Kasowitz Benson Torres LLP
  • Role: Likely Lead Counsel
  • Office Location: Various, including potentially Houston or other major legal markets.
  • Note: Kasowitz's Intellectual Property Litigation group has extensive experience as lead trial counsel in patent cases and has represented Intellectual Ventures, including defeating motions to transfer venue in the Western District of Texas.

Confirmation Status:

Without direct access to the PACER docket for case 1:25-cv-01147, the specific attorneys who have formally entered appearances on behalf of Intellectual Ventures I LLC and Intellectual Ventures II LLC cannot be definitively identified. The in-house counsel listed are integral to Intellectual Ventures' overall legal strategy, and Kasowitz Benson Torres LLP is a firm with a known history of representing them in patent litigation, particularly in the Western District of Texas. However, the exact composition of the legal team for this specific case remains unconfirmed.

The defendants in Intellectual Ventures LLC v. The Home Depot, Inc., et al., case number 1:25-cv-01147 in the Texas Western District Court, are The Home Depot, Inc., Home Depot U.S.A., Inc., and Home Depot Product Authority, LLC.

Counsel of record representing the defendants is Kasowitz LLP. While specific attorneys from Kasowitz LLP were not individually listed in the initial search results as representing the defendants, the firm itself is identified as counsel. Further docket searching would be required to identify the specific Kasowitz attorneys and their roles (lead, local, of counsel) and office locations within the firm.

Based on the available search results:

• Firm: Kasowitz LLP
  • Office Location(s): (Not specified in the provided search results; further investigation would be needed.)
  • Relevant Experience: Kasowitz LLP is a well-known firm in high-stakes litigation, including intellectual property and patent disputes. The firm is noted as counsel in a patent infringement case involving Intellectual Ventures I LLC and Intellectual Ventures II LLC against Nationwide Mutual Insurance Company in the Northern District of Texas, further indicating their experience in patent litigation.

As of the current date, specific Kasowitz LLP attorneys representing The Home Depot entities in this case have not been explicitly named in the provided search snippets, nor have their individual roles (lead, local, of counsel, in-house) been detailed. Therefore, a one-line note on individual attorney experience is not possible at this time.