Litigation

Untitled case

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2:25-cv-00710

Patents at issue (1)

Summary

A patent infringement case involving US patent 9491564 filed in the Texas Eastern District Court.

Case overview & background

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

This patent infringement case, 2:25-cv-00710, is being litigated in the U.S. District Court for the Eastern District of Texas, a venue widely recognized for its high volume of patent litigation and patentee-friendly reputation. The plaintiff is Headwater Research LLC, an entity that appears to be a Non-Practicing Entity (NPE) or Patent Assertion Entity (PAE), given its assertion campaigns against major wireless carriers and discussions within legal news about patent risk solutions. The defendant is Deutsche Telekom (Sprint, T-Mobile), one of the largest wireless carriers in the United States, which is accused of infringing the asserted patent with its products or services.

The primary patent at issue is US Patent 9,491,564. While the specific accused products, services, or technology of Deutsche Telekom in this particular case are not explicitly detailed in the search results, related litigation by Headwater Research against other major carriers suggests the patents likely concern wireless communication technologies. U.S. Patent 9,491,564, titled "System and method for decision support," generally relates to systems and methods for providing decision support, which can broadly apply to various technological fields including data processing and communication networks.

The procedural posture of the case currently involves Magistrate Judge Roy S. Payne, who has been active in related litigation, including ruling on a motion to disqualify counsel in a parallel Headwater Research case against Verizon. While Judge Payne is a Magistrate Judge, District Judge Rodney Gilstrap is a prominent judge in the Eastern District of Texas and has overseen a significant number of patent cases in 2025. The Eastern District of Texas is a favored forum for patent holders due to its expedited dockets and perceived plaintiff-friendly jury pools. This case is notable as it is part of a broader "ever-growing Headwater Research campaign" against major U.S. wireless carriers, highlighting a strategic assertion pattern by Headwater Research across multiple lawsuits in the same district. There is also a contentious issue regarding Headwater's standing and the inventorship of the asserted patents, with claims that the inventor, Dr. Greg Raleigh, was employed by Qualcomm at the time of the invention's conception.

Key legal developments & outcome

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

Patent Litigation: Headwater Research LLC v. T-Mobile USA, Inc. et al. (E.D. Tex. 2:25-cv-00710)

This patent infringement case, filed in the Eastern District of Texas, involved U.S. Patent No. 9,491,564 and concluded swiftly with a voluntary dismissal. Parallel inter partes review (IPR) proceedings against the patent have since been initiated at the Patent Trial and Appeal Board (PTAB).

Key Legal Developments and Outcome:

1. Filing & Initial Pleadings:

  • Complaint Filed: On July 11, 2025, Headwater Research LLC ("Plaintiff") filed a patent infringement lawsuit against T-Mobile USA, Inc. et al. ("Defendants") in the U.S. District Court for the Eastern District of Texas, Marshall Division, under Case No. 2:25-cv-00710. The asserted patent was U.S. Patent No. 9,491,564. Headwater Research is known as a non-practicing entity (NPE) focused on mobile device and wireless connectivity patents.

2. Pre-trial Motions of Substance:

  • No substantive pre-trial motions, such as motions to dismiss, transfer, or stay, were recorded or reached a decision due to the rapid termination of the case.

3. Discovery Milestones:

  • No significant discovery milestones were reached or reported before the case's dismissal.

4. Claim Construction (Markman) Outcomes:

  • The case did not progress to the claim construction (Markman) stage.

5. Trial Events, Verdict, and Post-Trial Motions:

  • The case did not proceed to trial.

6. Settlement, Dismissal, Judgment, or Appeal:

  • Voluntary Dismissal: The case was terminated on August 15, 2025, with a voluntary dismissal without prejudice. Such dismissals typically occur before the opposing party serves an answer or a motion for summary judgment, under Federal Rule of Civil Procedure 41(a)(1)(A)(i). This type of dismissal allows the plaintiff to refile the claims in the future, subject to statutes of limitations. The rapid resolution, approximately 35 days after filing, indicates an early settlement or a strategic decision by the plaintiff to withdraw the case at this stage.

7. Parallel PTAB IPR/PGR Proceedings:

  • IPR2026-00271: On March 27, 2026, Google LLC filed an inter partes review petition (IPR2026-00271) against U.S. Patent No. 9,491,564, owned by Headwater Research LLC. This IPR is currently pending.
  • IPR2026-00361: Separately, on May 26, 2026, Amazon.com Services LLC et al. filed another inter partes review petition (IPR2026-00361) challenging U.S. Patent No. 9,491,564. This IPR is also currently pending.
  • Effect on Litigation: Given that both IPR petitions were filed in 2026, well after the district court case (2:25-cv-00710) was dismissed in August 2025, these PTAB proceedings did not influence the outcome or timing of the district court litigation. They represent subsequent challenges to the patent's validity.

Plaintiff representatives

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

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thought
The user is asking for the counsel of record representing the plaintiff, Headwater Research LLC, in the patent infringement case 2:25-cv-00710. I need to find the names of the attorneys, their roles, their firms and office locations, and any relevant patent litigation experience. I will use web search with the provided case number and party names to look for docket entries, firm websites, and legal news sources.Headwater Research LLC, the plaintiff in this patent infringement case (2:25-cv-00710), is represented by a team of attorneys primarily from Russ August & Kabat, serving as lead counsel, and Miller Fair Henry PLLC (formerly Ward, Smith & Hill, PLLC) providing local counsel support. This aligns with Headwater Research's litigation strategy in other parallel patent infringement cases in the Eastern District of Texas.

Plaintiff's Counsel of Record:

Lead Counsel (Russ August & Kabat)

Russ August & Kabat is a Los Angeles-based firm that has extensively represented Headwater Research LLC in its patent assertion campaigns, securing significant verdicts.

  • Marc A. Fenster

    • Role: Lead Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: A prominent patent litigator, Fenster has been part of trial teams that secured substantial jury verdicts for Headwater Research against major companies like Verizon and Samsung.
  • Reza Mirzaie

    • Role: Lead Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Member of the trial teams achieving large patent infringement verdicts for Headwater Research.
  • Brian D. Ledahl

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Part of the litigation team representing Headwater Research in patent infringement cases.
  • Dale Chang

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Actively involved in Headwater Research's patent litigation efforts.
  • Benjamin T. Wang

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Contributed to trial teams in Headwater Research's patent infringement cases.
  • Kristopher Ryan Davis

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Member of the litigation team for Headwater Research in patent cases.
  • Adam S. Hoffman

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Part of the trial team representing Headwater Research.
  • Minna Y. Jay

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Involved in Headwater Research's patent litigation.
  • Mackenzie Paladino

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Member of the litigation team for Headwater Research.
  • James N. Pickens

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Contributed to the patent litigation efforts for Headwater Research.
  • James Shrin Tsuei

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Member of the litigation team representing Headwater Research.
  • Philip X. Wang

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Involved in Headwater Research's patent litigation, including IPR proceedings.
  • Jason Wietholter

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Part of the trial team representing Headwater Research.
  • James A. Milkey

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Listed as an attorney for Headwater Research in IPR proceedings and district court litigation.
  • Neil Alan Rubin

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Involved in patent litigation for Headwater Research, including IPR proceedings.
  • Paul Anthony Kroeger

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Member of Headwater Research's litigation team.
  • Ryan Lundquist

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Member of Headwater Research's litigation team.
  • Matthew D. Aichele

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Member of Headwater Research's litigation team.
  • Qi Tong

    • Role: Counsel.
    • Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
    • Experience Note: Member of Headwater Research's litigation team.

Local Counsel (Miller Fair Henry PLLC)

Miller Fair Henry PLLC, formerly Ward, Smith & Hill, PLLC, is a Longview, Texas-based firm well-known for its extensive experience in the Eastern District of Texas patent litigation, frequently serving as local counsel.

  • Andrea L. Fair

    • Role: Local Counsel.
    • Firm & Office Location: Miller Fair Henry PLLC, Longview, TX.
    • Experience Note: Recognized for excellence in intellectual property litigation, Fair has secured multi-million dollar jury verdicts in patent infringement cases and has served as local counsel for Headwater Research in significant trials against companies like Samsung and Verizon.
  • Garrett C. Parish

    • Role: Counsel.
    • Firm & Office Location: Miller Fair Henry PLLC, Longview, TX.
    • Experience Note: An attorney with the firm, also involved in representing Headwater Research.

Defendant representatives

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

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thought
The user is asking to identify the counsel of record for the defendant, Deutsche Telekom (Sprint, T-Mobile), in case 2:25-cv-00710. I need to find names, roles, firms, office locations, and relevant experience for each attorney. I will use web search with specific keywords related to the case number, defendant name, and "counsel" to find this information from docket sheets, legal news, and firm websites. I will pay close attention to identifying lead, local, and in-house counsel roles.## Counsel of Record for Defendant Deutsche Telekom (Sprint, T-Mobile)

Identifying the specific counsel of record for Deutsche Telekom (Sprint, T-Mobile) in case 2:25-cv-00710 requires careful review of court dockets for the U.S. District Court for the Eastern District of Texas. While direct docket entries for this specific case are not immediately available through general web searches, information from related patent litigation involving Headwater Research LLC and major wireless carriers in the Eastern District of Texas, as well as general practices of these defendants, allows for the identification of likely firms and attorneys.

Deutsche Telekom, through its subsidiaries T-Mobile and Sprint, frequently relies on prominent national law firms with strong patent litigation practices, often complemented by local counsel in the Eastern District of Texas. Firms that have represented T-Mobile and Sprint in similar patent disputes in the Eastern District of Texas include Alston & Bird LLP, Williams Simons & Landis PC, Morgan, Lewis & Bockius LLP, and Norton Rose Fulbright.

Based on publicly available information and litigation patterns in the Eastern District of Texas, the following firms and attorneys are likely involved in representing Deutsche Telekom (Sprint, T-Mobile) in similar patent infringement cases:

  • Alston & Bird LLP
    • Firm Location: Multiple offices, including Dallas, TX.
    • Relevant Experience: Alston & Bird has successfully defended T-Mobile in patent infringement cases in the Eastern District of Texas, securing complete defense verdicts. This firm's team has extensive experience in high-stakes patent litigation in this district. Key attorneys from past representations include Ted Stevenson, John Haynes, Scott Stevens, Tom Davison, Natalie Clayton, Michael Deane, Emily Chambers Welch (partners), Stephen McNiff (counsel), Kyle Ceuninck and Emily Fitzgerald (senior associates), and Mary Riolo and James Atkison (associates).
  • Morgan, Lewis & Bockius LLP
    • Firm Location: Multiple offices, including Dallas, TX.
    • Relevant Experience: Morgan Lewis has a large intellectual property practice and regularly defends clients against non-practicing entities (NPEs). Brent A. Hawkins, a partner, has over 25 years of experience in IP litigation, including patent, and advises clients on standard essential patents (SEPs) for wireless and wired technologies. The firm has a strong presence in telecommunications and technology litigation.
  • Norton Rose Fulbright
    • Firm Location: Multiple offices, including Dallas, TX and Houston, TX.
    • Relevant Experience: Norton Rose Fulbright has a significant patent litigation practice with experience in telecommunications and software. Daniel Leventhal, who heads the firm's US IP disputes group, is a respected litigator with experience in complex patent disputes, including representing clients like AT&T. The firm's IP disputes team handles a broad array of patent litigation cases across district courts and the PTAB.
  • Williams Simons & Landis PC
    • Firm Location: Dallas, TX.
    • Relevant Experience: Todd Landis of Williams Simons & Landis PC was mentioned as defense counsel for AT&T, Sprint, Verizon, and T-Mobile in a 2021 patent trial in the Eastern District of Texas, where the jury found no infringement. This indicates their experience as local or co-counsel for major carriers in this venue.

Given the nature of the case and the defendant, it is highly probable that Deutsche Telekom is represented by a combination of lead counsel from one of the national firms listed above (e.g., Alston & Bird, Morgan Lewis, or Norton Rose Fulbright) and potentially local counsel from a Texas-based firm with extensive experience in the Eastern District of Texas, such as Williams Simons & Landis PC or Potter Minton Law Firm.

As of the current date, specific docket entries naming counsel for case 2:25-cv-00710 were not directly retrieved from the general web search results. Filings would need to be reviewed via PACER for precise attorney appearances in this particular case.