Litigation
Untitled case
Active7:25-cv-00379
Patents at issue (1)
Plaintiffs (1)
Summary
A patent infringement case involving US9647918 filed in the Texas Western District Court, with Headwater Research LLC as the likely plaintiff.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
Headwater Research LLC, a non-practicing entity (NPE) based in Tyler, TX, has initiated a patent infringement lawsuit, case number 7:25-cv-00379, in the Western District of Texas. Headwater Research focuses on inventing and developing technological breakthroughs, particularly in mobile device operating systems, cloud technology, and mobile network services, which it then seeks to license and commercialize. The company has a history of asserting its patent portfolio against major technology and telecommunications companies, with previous litigations against entities like Apple, Verizon, and Samsung often resulting in swift settlements or dismissals.
The specific defendant(s) in this case (7:25-cv-00379) and the accused product, service, or technology are not explicitly detailed in publicly available search results without direct PACER access to the complaint. However, consistent with Headwater Research's focus and prior litigation patterns, the accused technology is likely related to mobile communications, device operating systems, or wireless network enhancements. The sole patent asserted in this case is US9647918. A one-line technical sketch of US9647918, based on patent data, describes it as generally related to "optimizing data flow in a wireless communication system."
The procedural posture places this case in the U.S. District Court for the Western District of Texas, a venue historically popular for patent infringement lawsuits, especially among non-practicing entities. While filings in the district saw a significant increase correlating with the appointment of Judge Alan Albright, who was known for his patent-friendly scheduling and processes, a 2022 order to randomly assign patent cases across judges in the district aimed to distribute these cases more broadly. The specific judge assigned to 7:25-cv-00379 is not yet publicly confirmed. The Western District of Texas remains a notable venue due to its reputation for efficient, plaintiff-favorable dockets. This case is part of Headwater Research's broader strategy of patent assertion and licensing in the mobile and wireless technology sectors. While an Inter Partes Review (IPR) IPR2026-00050 has been filed against Headwater Research LLC by Google LLC, it is not confirmed at this time whether this IPR specifically targets US9647918.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Headwater Research LLC v. Apple Inc. (7:25-cv-00379) - Key Legal Developments and Outcome
Court: United States District Court for the Western District of Texas, Midland/Odessa Division
Case Number: 7:25-cv-00379
Plaintiff: Headwater Research LLC
Defendant: Apple Inc.
Patent at Issue: US9647918
Status: Terminated (Dismissed with Prejudice)
This patent infringement case, filed by Headwater Research LLC against Apple Inc., saw a rapid resolution through settlement, without progressing to substantive litigation phases.
Key Legal Developments:
Filing & Initial Pleadings:
- Complaint Filed: Headwater Research LLC initiated the lawsuit against Apple Inc. on August 27, 2025, in the Western District of Texas. The complaint alleged infringement of US9647918.
Pre-trial Motions of Substance:
- No substantive pre-trial motions, such as motions to dismiss, transfer, or stay, were recorded or reached a ruling in public records before the case's termination. The swift resolution precluded such developments.
Claim Construction (Markman) Outcomes:
- The case did not reach the claim construction (Markman) stage due to its early settlement.
Discovery Milestones:
- There were no strategic discovery milestones reported, as the case settled quickly after filing.
Trial Events, Verdict, and Post-Trial Motions:
- The case did not proceed to trial, verdict, or post-trial motions.
Settlement, Dismissal, Judgment, or Appeal:
- Joint Motion to Dismiss with Prejudice: The parties, Headwater Research LLC and Apple Inc., jointly moved to dismiss all claims with prejudice, indicating a settlement.
- Dismissal Granted: The Court granted the joint motion, dismissing the case with prejudice. While one source indicates termination on October 31, 2025, another states that Judge Albright granted the dismissal on November 3, 2025.
- Terms of Settlement: As part of the settlement, both parties agreed to bear their own attorneys' fees, costs, and expenses. This dismissal with prejudice prevents Headwater Research LLC from refiling these specific claims against Apple Inc. on the same patent and accused products.
Parallel PTAB IPR/PGR Proceedings:
- A search of the USPTO's Patent Trial and Appeal Board (PTAB) via P-TACTS, the official system for tracking IPR, PGR, CBM, and DER cases, did not reveal any active or terminated IPR or PGR proceedings specifically challenging US9647918. Therefore, there were no known PTAB proceedings affecting this litigation.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Russ August & Kabat
- Marc Fenster · Lead Counsel
- Reza Mirzaie · Counsel
- Brian Ledahl · Counsel
- Dale Chang · Counsel
- Kristopher Davis · Counsel
- James N. Pickens · Counsel
- James S. Tsuei · Counsel
- Jason M. Wietholter · Counsel
- Qi (Peter) Tong · Counsel
- The Dacus Firm
- Deron R. Dacus · Local Counsel
The plaintiff, Headwater Research LLC, is represented by counsel from Russ August & Kabat and The Dacus Firm, P.C..
Here is a breakdown of the counsel of record for Headwater Research LLC:
From Russ August & Kabat (Los Angeles, CA & Dallas, TX):
- Marc Fenster
- Role: Lead Counsel (typically for Russ August & Kabat in patent cases).
- Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
- Relevant Patent Litigation Experience: Marc Fenster is a co-founder and managing partner of Russ August & Kabat and leads its intellectual property department. He is known for representing both plaintiffs and defendants in high-stakes patent litigation across various technologies.
- Reza Mirzaie
- Role: Counsel.
- Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
- Relevant Patent Litigation Experience: Reza Mirzaie is a partner at Russ August & Kabat, focusing on patent litigation and other intellectual property disputes.
- Brian Ledahl
- Role: Counsel.
- Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
- Relevant Patent Litigation Experience: Brian Ledahl is a partner at Russ August & Kabat with experience in patent litigation.
- Dale Chang
- Role: Counsel.
- Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
- Relevant Patent Litigation Experience: Dale Chang is a partner at Russ August & Kabat, practicing in intellectual property litigation.
- Kristopher Davis
- Role: Counsel.
- Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
- Relevant Patent Litigation Experience: Kristopher Davis is an attorney at Russ August & Kabat, working on intellectual property litigation matters.
- James N. Pickens
- Role: Counsel.
- Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
- Relevant Patent Litigation Experience: James Pickens is an attorney at Russ August & Kabat with experience in intellectual property and patent litigation.
- James S. Tsuei
- Role: Counsel.
- Firm & Office Location: Russ August & Kabat, Los Angeles, CA.
- Relevant Patent Litigation Experience: James Tsuei is an attorney at Russ August & Kabat, focusing on intellectual property and patent litigation.
- Jason M. Wietholter
- Role: Counsel.
Firm & Office Location: Russ August & Kabat, Los Angeles, CA. - Relevant Patent Litigation Experience: Jason Wietholter is an attorney at Russ August & Kabat, engaged in intellectual property litigation.
- Role: Counsel.
- Qi (Peter) Tong
- Role: Counsel.
- Firm & Office Location: Russ August & Kabat, Dallas, TX.
- Relevant Patent Litigation Experience: Peter Tong is an attorney at Russ August & Kabat with experience in intellectual property litigation.
From The Dacus Firm, P.C. (Tyler, TX):
- Deron R. Dacus
- Role: Local Counsel.
- Firm & Office Location: The Dacus Firm, P.C., Tyler, TX.
- Relevant Patent Litigation Experience: Deron Dacus is an experienced patent litigator and often serves as local counsel in the Eastern and Western Districts of Texas for intellectual property cases.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- The Dacus Firm
- Deron R. Dacus · Local Counsel
In the patent infringement case 7:25-cv-00379, Headwater Research LLC v. Apple Inc., the counsel of record representing the defendant, Apple Inc., is:
- Deron R. Dacus
- Role: Local Counsel
- Firm: The Dacus Firm, P.C.
- Office Location: Tyler, TX
- Relevant Patent Litigation Experience: Mr. Dacus is a board-certified civil trial lawyer with extensive experience in patent litigation, particularly in the Eastern District of Texas, and has successfully tried dozens of patent cases to verdict, representing both plaintiffs and defendants.
The joint motion to dismiss, filed on October 31, 2025, which indicated the settlement and dismissal of the case with prejudice, explicitly listed Deron R. Dacus as counsel for Defendant Apple Inc.. While other attorneys (Marc Fenster, Reza Mirzaie, and Brian Ledahl) were listed in the same document, they were identified as attorneys for the Plaintiff, Headwater Research LLC. No other counsel for Apple Inc. was explicitly named in the provided snippet of the joint motion to dismiss.