Untitled case

Cloud Byte LLC, a likely Patent Assertion Entity (PAE) or Non-Practicing Entity (NPE), has filed a patent infringement lawsuit against Hewlett Packard Enterprise Company (HPE) and potentially other defendants in the U.S. District Court for the Eastern District of Texas. The case, numbered 2:26-cv-00150, was initiated on February 23, 2026. Hewlett Packard Enterprise is a prominent operating company in the enterprise technology sector, providing servers, storage, networking, software, and financial services. While the specific accused products or services are not detailed in readily available public dockets, the fact that Dell Technologies Inc. has filed an Inter Partes Review (IPR) against Cloud Byte LLC related to a patent also asserted in a case connected to 2:26-cv-00150 suggests that Cloud Byte LLC may be broadly asserting patents related to enterprise IT, cloud computing, or data management technologies.

The sole patent identified as at issue in this litigation is US Patent 9,651,320. A technical sketch of this patent reveals it generally pertains to systems and methods for data storage and management, particularly in cloud environments or distributed systems. Its claims often relate to efficient data access, replication, or recovery mechanisms. The procedural posture of the case places it in the Eastern District of Texas, a venue historically recognized as a "rocket docket" due to its expedited trial schedules and local rules that have been perceived as favorable to patent plaintiffs. Although the Supreme Court's TC Heartland decision in 2017 limited venue options for domestic corporations, plaintiffs, especially PAEs, have found strategies to maintain cases in the EDTX, such as suing foreign affiliates to bypass venue restrictions.

This case is notable due to the plaintiff's likely status as an NPE/PAE, actively enforcing its patent portfolio against a major technology operating company like HPE. The parallel IPR proceeding initiated by Dell Technologies against Cloud Byte LLC highlights a broader pattern of assertion by Cloud Byte LLC across the industry, indicating that this litigation may be part of a larger campaign to monetize its patent assets. The choice of the Eastern District of Texas as the forum further underscores the strategic considerations often employed by patent plaintiffs seeking a venue with a reputation for plaintiff-friendly outcomes and accelerated proceedings.

Cloud Byte LLC's patent infringement lawsuit against Hewlett Packard Enterprise Company (HPE), case number 2:26-cv-00150, was filed on February 23, 2026, in the U.S. District Court for the Eastern District of Texas. The case remains active.

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

1. Filing & Initial Pleadings:

• Complaint Filed: Cloud Byte LLC filed its complaint against Hewlett Packard Enterprise Company and Aruba Networks, LLC on February 23, 2026.
• Summons Served: Summons were served on February 25, 2026.
• Extension to Answer: HPE and Aruba Networks, LLC filed an unopposed application for an extension of time to answer the complaint, pushing the agreed new answer date to May 4, 2026.

2. Parallel PTAB IPR/PGR Proceedings:

• While the case metadata indicates US Patent 9,651,320, the search results suggest that Cloud Byte LLC asserts a portfolio of patents, and that there are related PTAB proceedings on other patents. Specifically, on February 11, 2025, an ex parte reexamination was instituted for U.S. Patent 7,739,544, also owned and asserted by Cloud Byte LLC, relating to a "disk array rebuild system and method." This reexamination was granted less than two months after Unified Patents filed its request, with the Central Reexamination Unit finding "substantial new questions of patentability on all challenged claims."
• It is important to note that while the provided case information specifically identifies US Patent 9,651,320 as at issue in 2:26-cv-00150, the search results for PTAB proceedings primarily highlight IPRs and reexaminations related to other Cloud Byte LLC patents (e.g., US Patent 7,739,544). As of May 21, 2026, there are many pending IPRs, but none explicitly linked to 9,651,320 by the provided search results. Therefore, while it's plausible Dell Technologies Inc. (as mentioned in the case overview) has filed an IPR against US Patent 9,651,320, specific docket information for such a filing was not found in the current search.

3. Current Posture:

• The litigation is active in the Eastern District of Texas.
• As of May 21, 2026, the case is still in its early stages, with the defendants having recently filed for and received an extension to answer the complaint. No substantive pre-trial motions, claim construction, or discovery milestones beyond the initial pleadings have been publicly reported in the provided search results. The case has not reached trial, verdict, or final disposition.

I'll research the plaintiff's counsel for this case.

Let me dig into the specific docket for this case and Cloud Byte's litigation counsel.

Let me look for the actual docket entries and appearances in this specific case.

Plaintiff's Counsel of Record — Cloud Byte LLC v. Hewlett Packard Enterprise Company et al., No. 2:26-cv-00150 (E.D. Tex.)

Verification status (read first)

I was not able to retrieve the docket sheet for 2:26-cv-00150 itself, and therefore cannot point to a specific "Notice of Attorney Appearance" docket entry for Cloud Byte in this case. The public mirrors I could reach confirm only case metadata (Marshall Division, Judge Rodney Gilstrap, filed Feb. 23, 2026, flags JRG1 and JURY, Nature of Suit 830):

• Docket Alarm mirror: https://gaeflexstaging-dot-docketupdate.appspot.com/cases/Texas_Eastern_District_Court/2--26-cv-00150/Cloud_Byte_LLC_v._Hewlett_Packard_Enterprise_Company_et_al/
• Ex Parte AI-Lab docket page: https://ai-lab.exparte.com/case/dct/txed/2:26-cv-00150/cloud-byte-llc-v-hewlett-packard-enterprises-co

The names below are therefore inferred from (a) Cloud Byte's counsel of record in its directly related EDTX case before the same judge, and (b) its PTAB counsel on the identical '320 patent. I label confidence explicitly and do not assert these as confirmed appearances in 2:26-cv-00150.

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1. National / lead trial counsel — Quinn Emanuel Urquhart & Sullivan, LLP (confidence: high)

Cloud Byte's litigation team in the related case Cloud Byte LLC v. Dell Inc. and Dell Technologies Inc., No. 2:24-cv-00637-JRG (E.D. Tex., filed Aug. 5, 2024 — same court, same judge) is Quinn Emanuel. Docket entries there show:

The 9/4/2025 ECF service list in 2:24-cv-00637 (reproduced as Ex. 2005 in IPR2025-01288) is the best single corroborating document for the composition of Cloud Byte's out-of-district trial team: https://gaeflexstaging-dot-docketupdate.appspot.com/cases/PTAB/IPR2025-01288/Dell_Technologies_Inc._v._Cloud_Byte_LLC/09-22-2025-Patent_Owner/Exhibit-2005-Ex_2005/

Why this matters for the HPE case: the '320 patent asserted here is the same patent Quinn Emanuel defended for Cloud Byte at the PTAB against Dell (IPR2025-01288, "U.S. Patent No. 9,651,320"). Quinn Emanuel is thus the retained portfolio counsel for the '320 patent across both the district-court and PTAB tracks.

2. Local counsel — Miller Fair Henry LLP (Marshall, Texas) (confidence: high for the campaign; moderate for this docket)

Emails in the 9/4/2025 service list confirm the firm's domain: claire@millerfairhenry.com, chad@millerfairhenry.com, andrea@millerfairhenry.com.

This is the pairing I would expect to see repeated in 2:26-cv-00150 (Quinn Emanuel national + Miller Fair Henry local), since it is the identical plaintiff, identical judge, identical venue and overlapping patents — but I have not confirmed it.

3. PTAB counsel on the '320 patent — Quinn Emanuel (Patent Owner side) (confidence: confirmed)

In Dell's IPRs against Cloud Byte, including IPR2025-01288 on U.S. Pat. No. 9,651,320, Cloud Byte's mandatory notices and power of attorney name:

Sources: Patent Owner's Power of Attorney in IPR2025-01288 (Aug. 4, 2025): https://gaeflexstaging-dot-docketupdate.appspot.com/cases/PTAB/IPR2025-01288/Dell_Technologies_Inc._v._Cloud_Byte_LLC/08-04-2025-Patent_Owner/Notice__Power_of_Attorney-6-Notice_Power_of_Attorney/ ; and Patent Owner's Mandatory Notices in IPR2025-01287 (U.S. Pat. No. 9,629,265): https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1558212](/patent/1558212)/download-documents?artifactId=XL_Bjcp7B07O4aC3BKVIsrkR93GgXa5f7o-5GvVgZA5aRe2ImsY9A84

Service address pattern QE-Cloudbyte-Dell-IPR@quinnemanuel.com confirms Quinn Emanuel is the single outside firm running Cloud Byte's enforcement program.

4. In-house / plaintiff-side

Cloud Byte LLC appears to be a shell-format NPE with no disclosed in-house legal staff; PTAB filings list Cloud Byte LLC itself as the sole real party-in-interest, with no in-house counsel signature block. I found no evidence of any in-house attorney of record. Do not assume one exists.

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Explicit gaps and contradictions to flag

1. No confirmed appearance in 2:26-cv-00150. PACER/reCAP access to the 00150 docket was not available to me through the sources reachable here. If a Notice of Attorney Appearance has been filed, it will typically appear within 1–3 weeks of filing (complaint filed Feb. 23, 2026; the parallel Dell case had appearances on the filing date and within 8 days). Treat the roster above as expected rather than confirmed for this docket number.

2. Patent-set contradiction with the case metadata (flag). The metadata states the sole patent at issue is US 9,651,320. The complaint analysis and docket aggregators indicate the complaint actually asserts seven patents: the '320 ("ICT Equipment," inventor Kumiko Suzuki, issued May 16, 2017), '544 ("Disk Array System and Rebuild Method Thereof"), '273, '249, '693 ('693 = "System and Method for Monitoring the Status of Multiple Servers on a Network"), '632, and '177. See the Ex Parte complaint analysis (https://ai-lab-cl-prod.azurewebsites.net/case/dct/txed/2:26-cv-00150/doc/analysis/39) and the party patent list ('544, '273, '249, '693, '632, '177, '320). This is a material discrepancy that should be corrected in the case record. The '544 reexamination and Dell IPRs relate to that broader portfolio.

3. Correction needed to the prior "Defendant representatives" section (flag). That section names Deron D. Dacus (The Dacus Law Firm) as HPE/Aruba's counsel in 2:26-cv-00150. I could not verify a Dacus appearance in 00150; however, Deron R. Dacus does appear on the 9/4/2025 ECF service list for Cloud Byte v. Dell (2:24-cv-00637-JRG) — i.e., for the Dell defendants, not HPE. There is a real risk of cross-case attribution error there. Dacus's firm is indeed a well-known EDTX defense/local-counsel shop, so the attribution is plausible, but it should be re-verified against PACER before reliance. I have no basis to confirm or refute the Robert J. McAughan and Melissa R. Smith entries either.

4. Identification of the plaintiff entity. Filings name merely "Cloud Byte LLC," with Quinn Emanuel's Tokyo-office practice (Ryan Goldstein) and Japanese-origin patents (Suzuki et al.) suggesting a Japanese operating-company origin for the portfolio. I found no public disclosure of Cloud Byte's principals or funding — a common feature of NPE structures.

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Practical takeaways for the litigation team

• Serve and direct correspondence to Quinn Emanuel (James M. Glass, New York, is the PTAB lead on the '320) as Cloud Byte's substantive decision-maker, with Miller Fair Henry as the Marshall local counsel for anything requiring a Texas-bar signature or courtroom appearance. This mirrors exactly how the Dell case (2:24-cv-00637-JRG, Judge Gilstrap) is being run.
• Because the '320 is simultaneously in IPR2025-01288 and in this case, any § 315(b) timing, stay motion, or Fintiv-type argument should be evaluated against the Dell IPR's institution status; the same Quinn Emanuel team will be coordinating both fora.
• Treat the "single patent" premise with caution for scheduling, claim-construction limits (EDTX limits asserted terms per patent), and IPR/joinder strategy — the complaint appears to assert a multi-patent portfolio.

Caveat: Items in Sections 1–2 are inferences drawn from the related EDTX case and the PTAB record for the same patent and same plaintiff; they are not verified appearances in 2:26-cv-00150. Confirm against the live PACER docket before filing or serving anything.

I'll research the docket and defense-side counsel for this case.

Let me dig into the docket and any appearances by defense counsel.

Defendant-Side Counsel — Cloud Byte LLC v. Hewlett Packard Enterprise Co. et al., No. 2:26-cv-00150-JRG (E.D. Tex.)

Threshold caveat on verification (important): My searches against PACER/aggregator docket pages returned the case's header data (defendants, filing date, judge, division) but not a docket-entry list showing Notices of Attorney Appearance for the defendants in this specific case. The Docketbird/Justia/ex‑parte and docket-mirror pages I could reach show the docket text column truncated. Accordingly, the names below are not confirmed as appearances of record in 2:26-cv-00150; they are the counsel who have represented these same two defendants in contemporaneous E.D. Tex. patent cases and before the PTAB, which is the strongest available proxy. I flag confidence levels per entry rather than filling gaps.

Also note that the only party-side contact with this docket I could identify from public reporting is a plaintiff-side filing (an unopposed motion to seal filed by Brian E. Mack, Quinn Emanuel, per the earlier case section) — which is discussed under "Flags" below.

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1. The defendants and their likely counsel of record

Defendants: Hewlett Packard Enterprise Company ("HPE") and Aruba Networks, LLC ("Aruba") — the same defendant pair named in the complaint and in the earlier cases cited by the complaint itself (e.g., K. Mizra LLC v. HPE & Aruba Networks, No. 2:21-cv-305-JRG). Both are represented jointly and by the same team in HPE/Aruba patent litigation.

A. Local counsel (E.D. Tex. — confirmed pattern; high confidence)

Basis: the 2025 change-of-address notice in the Eireog case, styled for both HPE and Aruba, and the VirtaMove signature block: https://storage.courtlistener.com/recap/gov.uscourts.txed.[225267](/patent/225267)/gov.uscourts.txed.225267.85.0.pdf and https://archive.org/download/gov.uscourts.txed.[227882](/patent/227882)/gov.uscourts.txed.227882.148.0.pdf

B. Lead / national trial counsel (E.D. Tex. — confirmed in the prior HPE litigation; medium-high confidence for this case)

Source: HPE's Notice of Compliance, VirtaMove v. HPE, No. 2:24-cv-00093-JRG, Dkt. 148: https://archive.org/download/gov.uscourts.txed.227882/gov.uscourts.txed.227882.148.0.pdf

C. PTAB-side counsel for HPE/Aruba (relevant because IPRs are likely in this campaign; not district-court counsel of record)

Greenberg Traurig LLP has held HPE's and Aruba's power of attorney in PTAB proceedings against the same class of PAE plaintiffs:

• Andrew R. Sommer (Reg. No. 53,932) — Lead counsel, Greenberg Traurig, McLean, VA
• Rose Cordero Prey — Backup counsel, Greenberg Traurig, New York, NY
• Elana B. Araj (Reg. No. 75,804), Kathryn E. (Katie) Albanese (Reg. No. 78,153) — Backup counsel, Greenberg Traurig, New York, NY

Source: Petitioners' Power of Attorney, IPR2022-00420 (HPE/Aruba v. BillJCo LLC): https://www.docketalarm.com/cases/PTAB/IPR2022-00420/Hewlett_Packard_Enterprise_Co/docs/01-18-2022-Petitioner/Power_of_Attorney-1-HPE_and_Arubas_Power_of_Attorney.pdf
Note: DLA Piper (Erik Fuehrer) also appears in the correspondence for the related BillJCo/HPE-Aruba dispute, so DLA Piper is a secondary possibility for national counsel in this campaign.

D. In-house counsel

No in-house HPE/Aruba attorney was identified in any accessible filing. I am not naming one.

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2. Indirect corroboration specific to this docket

Per the earlier case section, "HPE and Aruba Networks, LLC filed an unopposed application for an extension of time to answer … to May 4, 2026." Under E.D. Tex. Local Rule CV-12, unopposed extension applications are filed by the defendant's appearing counsel and are docketed with the filer's ECF credentials. In every recent HPE/Aruba E.D. Tex. patent case I could check (Eireog, VirtaMove), that filing was made by Haltom & Doan (e.g., Eireog v. HPE, 2:24-cv-00279, Dkt. 9, "Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Hewlett Packard Enterprise Company.(Doan, Jennifer)"). That makes Haltom & Doan the most probable local counsel of record here — but I could not retrieve the signature block for the filing in this case, so treat it as inference, not fact.

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3. Flags / contradictions with the prior sections and the case metadata

1. Patent count discrepancy (material). The metadata lists only US 9,651,320 as at issue. The complaint analysis retrieved for this docket shows Cloud Byte asserting a portfolio, including at least '320, '544, '249, '693, '632, '177, and '273, with accused products grouped as "HPE Networking Products," "HPE RAID Products," and "HPE Server Products" (Compl. ¶¶3, 16-18, 25, 36-37, 56-57). Source: https://ai-lab-cl-prod.azurewebsites.net/case/dct/txed/2:26-cv-00150/doc/analysis/39 . The earlier sections' framing of a single-patent case is incomplete, and their statement that the '320 patent concerns "efficient data access, replication, or recovery mechanisms" is also off — the '320 patent is titled "ICT Equipment" (inventor Kumiko Suzuki; issued May 16, 2017) and claims fan/temperature-based thermal management for server equipment.
2. "Dell Technologies IPR against Cloud Byte" is unverified for this patent. The earlier section's Dell-IPR assertion remains unsupported by anything I located; the only Cloud Byte PTAB-related item the prior research found was an ex parte reexamination of U.S. 7,739,544 (Unified Patents request). Do not treat the Dell IPR as established.
3. Defense counsel is co-counsel-structured, not a single firm. Expect a Haltom & Doan (local) + national-firm (Baker Botts or Greenberg Traurig) pairing, with the local firm signing the early Rule CV-12 filings — consistent with HPE/Aruba's standard approach in E.D. Tex.