Untitled case

VB Assets LLC, operating as Voicebox Tech, is a patent assertion entity (PAE) that owns and licenses a portfolio of intellectual property primarily covering innovations in voice assistants and conversational AI. VB Assets characterizes itself as the successor to VoiceBox Technologies, a company that pioneered conversational computing technology and developed early smart speaker technology. The company has engaged in an extensive litigation campaign, asserting its patents against major technology companies.

The patent at issue in this Inter Partes Review (IPR) is US Patent No. 8,515,765. While a general search for "US patent 8515765" incorrectly points to a "Container for the reception of objects," other reliable sources directly link VB Assets LLC's assertions of the '765 patent to its core technology of "conversational computing" and "voice assistant and conversational AI." For example, the patent is asserted in complaints against Apple for devices supporting the Siri virtual assistant, and against Samsung for its Bixby 2.0 voice assistant. Therefore, US Patent No. 8,515,765 likely covers aspects of conversational AI and natural language processing in voice assistant systems. The accused products, services, or technologies in the underlying patent infringement litigation, which prompted this IPR, include voice assistants and supporting devices, such as those offered by Samsung.

This particular IPR, IPR2025-00868, was filed by [Samsung Electronics Co. Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%20Ltd.) and Samsung Electronics America Inc. The case is before the Patent Trial and Appeal Board (PTAB) and was marked as "Not Instituted - Procedural" on September 12, 2025. This procedural outcome is notable given recent changes in USPTO policy regarding discretionary denials of IPR petitions. Since March 2025, the USPTO Director has been directly involved in discretionary institution decisions, with factors such as "settled expectations of the parties" playing a significant role. Without the specific decision for IPR2025-00868, the precise procedural reason for non-institution cannot be stated with certainty, but it likely falls under one of these new discretionary denial criteria where the Director determined the IPR was not an appropriate use of Office resources. The case is part of a broader trend where patent owners, particularly NPEs like VB Assets, leverage their portfolios against large operating companies, and accused infringers utilize IPRs as a defense mechanism, often encountering new procedural hurdles at the PTAB.

VB Assets LLC's patent enforcement activities involving U.S. Patent No. 8,515,765 include an Inter Partes Review (IPR) proceeding, IPR2025-00868, before the Patent Trial and Appeal Board (PTAB), which was not instituted for procedural reasons. This IPR was likely filed in response to broader patent infringement litigation initiated by VB Assets LLC.

Here's a chronological overview of the key legal developments:

1. Parallel District Court Litigation: VB Assets LLC v. Apple Inc. (D. Del. Case No. 1:24-cv-01368)

• Filing & Initial Pleadings (December 16, 2024): VB Assets LLC, doing business as Voicebox Tech, filed a patent infringement lawsuit against Apple Inc. in the U.S. District Court for the District of Delaware. The complaint asserted infringement of six natural language processing patents, including U.S. Patent No. 8,515,765. This litigation targeted Apple's devices and the Siri virtual assistant. This district court case is a probable trigger for the subsequent IPR challenging patent 8,515,765.

2. PTAB IPR Proceeding: IPR2025-00868

• Filing of Petition (2025): A petition for Inter Partes Review, IPR2025-00868, was filed in 2025, challenging U.S. Patent No. 8,515,765. Given that IPRs are typically filed by defendants in ongoing infringement cases, it is highly probable that Apple Inc., or an entity related to it, was the petitioner in this IPR.
• Outcome: Not Instituted - Procedural (2025): The PTAB did not institute IPR2025-00868, citing procedural reasons. During 2025, the USPTO Director and Acting Director significantly increased the use of discretionary denials for IPR petitions.
  • A prominent reason for such denials was the doctrine of "settled expectations," often applied to patents that had been in force for six or more years, particularly if the petitioner delayed challenging them. U.S. Patent No. 8,515,765 was issued in August 2013, meaning it would have been in force for over 11 years when the IPR petition was filed in 2025, falling squarely within the timeframe where "settled expectations" were frequently invoked.
  • While the specific decision document detailing the exact procedural reason for IPR2025-00868's non-institution is not publicly detailed in search results, the broader trend in 2025 for IPRs with similar numbering (e.g., IPR2025-00856) indicates that discretionary denial based on factors like "settled expectations" was a common outcome.

3. Other Parallel Litigations by VB Assets LLC

VB Assets LLC has been highly active in patent enforcement across several major technology companies:

• VB Assets LLC v. Amazon.com Services, LLC (D. Del., filed 2019):
  • Trial & Verdict (November 8, 2023): A jury in the U.S. District Court for the District of Delaware found Amazon liable for willful infringement of four of VB Assets' patents (not including 8,515,765 in the cited snippets) through its Alexa product range, awarding VB Assets $46.7 million in damages. The jury also found that Amazon had not proven the asserted claims invalid or patent ineligible.
  • Post-Trial Motions & Royalty Rates (January 31, 2025): Following post-trial motions, the jury's award was trimmed to just over $40 million. The court, presided over by Judge Maryellen Noreika, also set ongoing royalty rates for the infringed patents.
• VB Assets LLC v. SoundHound AI (D. Del. Case No. 1:24-cv-01279, filed late 2024): VB Assets LLC sued SoundHound AI, asserting six patents (a different set from the Apple and Amazon cases) related to its SoundHound Voice AI platform.
• VB Assets LLC v. Samsung (E.D. Tex., filed October 2024): VB Assets LLC filed a complaint against Samsung in the Eastern District of Texas, asserting five patents, including U.S. Patent No. 8,515,765, against Samsung's Bixby 2.0 voice assistant and supporting devices.
• VB Assets LLC v. Google LLC et al. (D. Del. Case No. 1:2026cv00443, filed April 17, 2026): VB Assets LLC filed a patent infringement lawsuit against Google LLC, XXVI Holdings Inc., Alphabet Inc., Android, Inc., and YouTube, LLC in the U.S. District Court for the District of Delaware.

Final Disposition/Present Posture:

The IPR proceeding, IPR2025-00868, concluded with a procedural denial of institution, meaning the PTAB did not proceed to a merits review of the patent's validity. This outcome leaves U.S. Patent No. 8,515,765 still at issue in the ongoing district court litigation against Apple Inc. and Samsung. VB Assets LLC continues to actively litigate its patent portfolio, including newer cases against Google LLC.

I am unable to identify the specific counsel of record for the plaintiff(s) (Petitioner) in IPR2025-00868 using publicly available web search tools.

The case status indicates "Not Instituted - Procedural," which means the Inter Partes Review petition was filed but did not proceed to a full review. It is likely that detailed information regarding the petitioner's counsel, including names, firms, and experience, is not readily available through public web searches, as the case did not advance beyond the institution phase. While the USPTO's Patent Trial and Appeal Case Tracking System (P-TACTS) is the official means for electronically filing documents with the PTAB, direct access to specific internal dockets for non-instituted cases and their associated counsel details is not generally provided through public search engines.

Despite extensive searching for IPR2025-00868 specifically, the counsel of record representing VB Assets LLC in this particular PTAB proceeding could not be directly identified from publicly available search results. This may be due to the procedural non-institution, limited public docket details for the specific IPR, or the information not being indexed in the searched sources.

However, in a related Inter Partes Review, IPR2025-01167, where Amazon.com Services LLC is the Petitioner and VB Assets LLC is the Respondent, Matthew Argenti is listed as "Respondent Counsel" for VB Assets LLC. Given that VB Assets LLC is a patent assertion entity engaged in numerous litigations and IPRs concerning its voice assistant patents, it is probable that Matthew Argenti, or attorneys from his firm, represent VB Assets LLC in multiple PTAB actions.

Based on available information from related proceedings, potential counsel for VB Assets LLC in PTAB matters may include:

• Name: Matthew Argenti
• Role: Likely lead counsel or a key attorney for the Patent Owner (VB Assets LLC).
• Firm: While the search result does not explicitly state Matthew Argenti's firm for the IPR, a common practice for patent owners in PTAB proceedings is to use specialized patent litigation firms. Further investigation would be needed to confirm his specific firm and office location, as well as his relevant experience.

Without direct docket access for IPR2025-00868, a definitive list of attorneys for this specific case is unavailable.