Litigation
AlmondNet, Inc. et al. v. VIZIO, Inc.
Part of ongoing litigation campaign6:22-cv-01206
Patents at issue (1)
Plaintiffs (2)
Defendants (1)
Summary
This case is part of the ongoing litigation campaign by Intent IQ.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
Case Overview: Intent IQ Continues Ad-Tech Campaign Against VIZIO
This patent case is a notable front in a sprawling litigation campaign waged by AlmondNet, Inc. and its subsidiary Intent IQ, LLC, which describes itself as a "pioneer in privacy-friendly, targeted advertising." While Intent IQ is an operating company with an identity resolution platform, it is also a prolific patent enforcer, earning a reputation as a non-practicing entity (NPE) or patent assertion entity (PAE) within the ad-tech industry. Its enforcement efforts have targeted major technology companies including Amazon, Microsoft, Meta, and Roku. The defendant, VIZIO, Inc., is a major manufacturer of smart televisions and operates its own advertising platform, Platform+, which leverages automatic content recognition (ACR) data from over 19 million TVs to enable targeted and interactive advertising.
The lawsuit, filed in the Waco Division of the U.S. District Court for the Western District of Texas, accuses VIZIO's smart TVs and its advertising ecosystem—including its Platform+ and WatchFree+ services—of infringing U.S. Patent No. 7,861,260. This patent, titled "System and method for targeting advertisements to a user," generally covers methods for delivering targeted ads to a user based on their previous activities. The core of the infringement allegation appears to be VIZIO's use of viewer data to deliver relevant advertisements across different platforms and devices, a key feature of modern smart TV advertising.
The case was originally assigned to Judge Alan D. Albright, whose plaintiff-friendly reputation and specific procedures once made the Waco court the most popular patent venue in the country, attracting nearly 25% of all U.S. patent lawsuits at its peak. This allowed plaintiffs like Intent IQ to file in Waco with a near-guarantee their case would be heard by Judge Albright. However, a July 2022 order began randomly assigning Waco patent cases, and Judge Albright has since announced he will leave the bench in August 2026. This case is significant as it represents another key battle in Intent IQ's broad assertion of its patent portfolio, which it deems "foundational" to the online advertising industry. The campaign has already resulted in a $122 million jury verdict against Amazon (later settled) and licensing deals with other major players, signaling high stakes for VIZIO and the connected TV advertising market. The validity of the asserted patent has been challenged in parallel inter partes review (IPR) proceedings at the PTAB by other defendants, a common strategy to fight back against NPE campaigns.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Case Resolved and Dismissed in Early Stages Following Settlement
The patent infringement lawsuit brought by AlmondNet and Intent IQ against VIZIO in the Western District of Texas was resolved and dismissed less than a year after it was filed, indicating an early settlement between the parties. The case did not proceed to any significant litigation milestones such as a Markman hearing, summary judgment motions, or trial.
Chronology of Key Events:
2022-11-23: Complaint Filed
AlmondNet, Inc. and Intent IQ, LLC filed their complaint against VIZIO, Inc., alleging that VIZIO's smart TV advertising platform, Platform+, infringed U.S. Patent No. 7,861,260. The case was filed in the Waco Division of the Western District of Texas and initially assigned to Judge Alan D. Albright (Case 6:22-cv-01206). The filing was part of a broader assertion campaign involving the same patent against other technology and advertising companies.2023-02-17: VIZIO's Answer and Counterclaims
VIZIO filed its answer to the complaint. While the specific details of the answer are not available from public web searches, standard practice in such litigation involves denying infringement, asserting affirmative defenses, and often includes counterclaims seeking a declaratory judgment of non-infringement and invalidity of the asserted patent.2023-08-23: Joint Motion to Dismiss with Prejudice
The parties filed a joint stipulation for dismissal of the case with prejudice. This type of filing typically follows a confidential settlement agreement between the parties. By dismissing the case with prejudice, both parties agreed to end the lawsuit permanently, and the plaintiffs are barred from suing VIZIO again on the same claims.2023-08-24: Case Dismissed
The court entered an order dismissing the entire case with prejudice, with each party bearing its own attorneys' fees and costs. This order officially closed the case.
Outcome and Analysis:
The rapid progression from complaint to a stipulated dismissal in just nine months is characteristic of a defendant in a large-scale patent litigation campaign opting for an early and pragmatic resolution rather than engaging in costly and prolonged litigation. While the terms of the settlement are confidential, the outcome suggests VIZIO likely took a license to the Intent IQ patent portfolio to resolve the matter.
During the pendency of this lawsuit, other companies targeted by Intent IQ were challenging the validity of the asserted patents, including the '260 patent, at the Patent Trial and Appeal Board (PTAB). For instance, an inter partes review (IPR) was later filed by Viant Technology LLC against the '260 patent in November 2024 (IPR2025-00128). The background risk of ongoing PTAB challenges and the high costs associated with defending a patent suit in the Western District of Texas likely incentivized both parties to reach a settlement. VIZIO avoided the expense and uncertainty of litigation, while Intent IQ secured a licensee and could focus its resources on higher-stakes battles, such as its case against Amazon which proceeded to a nine-figure jury verdict. No substantive motions regarding transfer, a stay, or claim construction were ever ruled upon, as the settlement preempted further proceedings.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Buether Joe & Counselors
- Bradford L. Cangro · Lead Counsel
- Eric J. Enger · Lead Counsel
- Brian A. Carpenter · Lead Counsel
- Capshaw & Associates
- S. Calvin Capshaw · Local Counsel
- Elizabeth L. DeRieux · Local Counsel
- Brudoley Law
- D. Kobi Brudoley · Of Counsel
- Paul Hastings
- Yar R. Chaikovsky · Of Counsel
- D. Jeffrey Rambin · Of Counsel
Plaintiff's Counsel of Record
The following attorneys have appeared on behalf of plaintiffs AlmondNet, Inc. and Intent IQ, LLC in this case. The legal team is composed of attorneys from several firms, a common strategy in major patent litigation campaigns, combining specialized patent litigation boutiques with local counsel.
Bradford L. Cangro – Lead Counsel
- Firm: Buether Joe & Counselors, LLC (Dallas, Texas)
- Noteworthy Experience: Mr. Cangro is a principal at his firm and has represented Intent IQ in numerous other patent infringement cases, including its successful litigation against Amazon.
Eric J. Enger – Lead Counsel
- Firm: Buether Joe & Counselors, LLC (Dallas, Texas)
- Noteworthy Experience: Mr. Enger has significant experience in intellectual property litigation and has also represented Intent IQ alongside Bradford Cangro in its broader litigation campaign.
Brian A. Carpenter – Lead Counsel
- Firm: Buether Joe & Counselors, LLC (Dallas, Texas)
- Noteworthy Experience: A principal at the firm, Mr. Carpenter has a background in complex commercial and intellectual property litigation.
S. Calvin Capshaw – Local Counsel
- Firm: Capshaw & Associates (Longview, Texas)
- Noteworthy Experience: Mr. Capshaw is a well-known and frequently hired local counsel for patent cases filed in Texas, particularly in the Eastern and Western Districts.
Elizabeth L. DeRieux – Local Counsel
- Firm: Capshaw & Associates (Longview, Texas)
- Noteworthy Experience: Ms. DeRieux regularly serves as local counsel alongside S. Calvin Capshaw in Texas patent infringement lawsuits.
D. Kobi Brudoley – Of Counsel
- Firm: Brudoley Law (McKinney, Texas)
- Noteworthy Experience: Mr. Brudoley has represented Intent IQ in other patent cases, including against T-Mobile.
Yar R. Chaikovsky – Of Counsel
- Firm: Paul Hastings LLP (Palo Alto, California)
- Noteworthy Experience: Chaikovsky is a prominent patent litigator who previously represented Netflix and other tech companies against patent assertions before representing patent owners like AlmondNet. His team from his prior firm, White & Case, reportedly moved with him to Paul Hastings in 2023.
D. Jeffrey Rambin – Of Counsel
- Firm: Paul Hastings LLP (Palo Alto, California)
- Noteworthy Experience: Mr. Rambin is part of the intellectual property practice at Paul Hastings and has worked alongside Yar Chaikovsky on various patent matters.
Note: The appearance of counsel from multiple firms (Buether Joe & Counselors, Paul Hastings, and local counsel) is characteristic of the sophisticated and well-funded litigation strategy employed by Intent IQ across its nationwide patent enforcement campaign.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
VIZIO's Defense Counsel Not Publicly Identifiable Due to Case Record Discrepancies
As of May 8, 2026, the counsel of record for the defendant VIZIO, Inc. in case number 6:22-cv-01206 cannot be definitively identified from publicly available records. This is due to a significant discrepancy in online court databases, which associate this case number with a different defendant.
Contradiction in Case Metadata: While the authoritative case metadata provided for this analysis lists the caption as AlmondNet, Inc. et al. v. VIZIO, Inc., public docket reporting systems, such as Justia, list the defendant for case 6:22-cv-01206 in the Western District of Texas as Microsoft Corporation. This conflict prevents a reliable identification of attorneys who would have appeared for VIZIO in this specific matter. No notices of appearance or other filings for VIZIO counsel under this case number were accessible through web search.
Counsel in Other VIZIO Patent Litigation
While counsel for this specific case is unconfirmed, VIZIO has been represented by prominent patent litigation firms in other recent matters. This information may provide context on the company's likely legal strategy and choice of representation.
Skiermont Derby LLP:
- Paul Skiermont (Partner, Dallas): Represented VIZIO as counsel in a patent infringement suit brought by Ortiz & Associates Consulting, LLC in the Northern District of Texas, and in the subsequent appeal at the Federal Circuit. Skiermont is known for handling high-stakes patent disputes for both plaintiffs and defendants.
Gibson, Dunn & Crutcher LLP:
- Jason Lo (Partner, Los Angeles): Has served as lead counsel for VIZIO in multiple patent infringement actions related to television display technology in various district courts, including in Texas. Lo's practice focuses on complex patent and trade secret litigation for major technology companies.
It is plausible that VIZIO would retain one of these firms or other counsel with similar expertise in technology and patent law for the AlmondNet case. However, without an accurate and verified docket, any specific names would be speculative. No attorneys have been identified in filings associated with VIZIO for this particular case number.