Litigation

Atlas Global Technologies LLC v. Dell Technologies, Inc.

Active

6:21-cv-00820

Filed
2021-08-04

Patents at issue (1)

Plaintiffs (1)

Defendants (1)

Summary

Part of a broader assertion campaign by Atlas Global Technologies LLC, this case is an active litigation against Dell Technologies, Inc. for infringement of U.S. Patent 10,020,919.

Case overview & background

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

Case Background and Strategic Context

Atlas Global Technologies LLC, a non-practicing entity (NPE) associated with patent monetization firm Acacia Research, is engaged in a broad litigation campaign targeting companies that utilize the Wi-Fi 6 (IEEE 802.11ax) standard. The defendant, Dell Technologies, Inc., is a major multinational technology corporation headquartered in Texas that manufactures and sells a wide array of products, including personal computers, servers, and other hardware that incorporate Wi-Fi capabilities. The lawsuit alleges that Dell's products that comply with the Wi-Fi 6 standard infringe on Atlas's patent rights. The specific patent asserted in this case is U.S. Patent No. 10,020,919, which generally relates to methods for "sounding operations for identifying channel conditions in a wireless network." This technology is a component of the 802.11ax standard, suggesting the infringement claims encompass a wide range of Dell's modern Wi-Fi-enabled devices.

The case was filed in the U.S. District Court for the Western District of Texas (W.D. Tex.), a venue that became the most popular in the U.S. for patent litigation under Judge Alan D. Albright, who was initially assigned to the case. At the time of filing in August 2021, Judge Albright's Waco division was known for procedures seen as favorable to patent plaintiffs, including a fast track to trial and a reluctance to transfer cases, which attracted a high volume of NPE lawsuits. The case is notable as part of a multi-front assertion campaign by Atlas against numerous technology companies over patents allegedly essential to the Wi-Fi 6 standard. Adding another layer of complexity, the validity of the '919 patent is being challenged outside of this litigation; on March 27, 2026, Unified Patents filed a request for ex parte reexamination of the patent at the U.S. Patent and Trademark Office, which could impact the district court proceedings.

Key legal developments & outcome

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

Based on a review of court records and legal publications, the case caption provided in the prompt appears to contain a clerical error. The litigation under case number 6:21-cv-00820 in the U.S. District Court for the Western District of Texas is Atlas Global Technologies LLC v. ASUSTeK Computer Inc., not Dell Technologies, Inc.

Atlas Global Technologies did file a separate lawsuit against Dell Technologies, Inc. and Dell International LLC in the same court, but under case number 6:23-cv-00350. That case was filed on May 12, 2023, and was terminated on January 24, 2024, suggesting a swift resolution.

The following summary details the key legal developments for the actual case associated with number 6:21-cv-00820, where ASUSTeK Computer Inc. ("ASUS") was the defendant.

Key Legal Developments & Outcome for 6:21-cv-00820

This case was part of a significant litigation campaign by Atlas Global Technologies, an entity associated with Acacia Research, targeting manufacturers of Wi-Fi 6-enabled products.

Filing and Initial Pleadings (2021)

  • Complaint (2021-08-09): Atlas Global Technologies LLC filed its original complaint, asserting that a wide array of ASUS products infringed on its patents. The accused products included ASUS Chromebooks, ZenBook laptops, ROG gaming computers, Wi-Fi 6 routers, and smartphones.
  • Patents-at-Issue: Contrary to the prompt's metadata, the lawsuit involved a portfolio of eight U.S. patents related to wireless communication technologies, including the IEEE 802.11ax (Wi-Fi 6) standard. The patents asserted were: 9,763,259; 9,825,738; 10,020,919; 10,756,851; 10,153,886; 9,917,679; 9,848,442; and 9,912,513.
  • Answer and Counterclaims: ASUS filed its answer denying infringement and subsequently filed counterclaims seeking declaratory judgments of non-infringement and invalidity of the asserted patents.

Pre-trial and Discovery Phase (2022-2023)

The case proceeded through the typical stages of patent litigation in the Western District of Texas under Judge Alan D. Albright, known for moving patent cases toward trial relatively quickly. The docket grew to over 250 entries, indicating active litigation involving discovery disputes, scheduling, and claim construction preparations.

  • Case Management: The litigation was actively managed by the court, running for approximately 980 days from filing to resolution.
  • Venue and Transfer Motions: In related cases from the same campaign, defendants filed motions to transfer venue away from the Western District of Texas. For instance, in a parallel case against Sercomm Corporation, the court considered but ultimately denied a motion to transfer. Similar strategic motions may have been contemplated or filed in the ASUS case, though public reports do not highlight it as a major turning point.

Parallel Proceedings

Atlas Global, an affiliate of Acacia Research Group, has been enforcing its portfolio, acquired from Newracom, in multiple jurisdictions. This includes litigation in the Unified Patent Court (UPC) and Germany against other technology companies like TP-Link and Vantiva. These parallel international proceedings have had mixed results, with some patents facing preliminary invalidity opinions or being definitively revoked by European patent bodies, putting pressure on Atlas's broader campaign. There is no specific record of a PTAB Inter Partes Review (IPR) being filed by ASUS against the patents in this specific case.

Outcome: Settlement and Dismissal (2024)

  • Joint Motion to Dismiss (2024-04-15): Before any substantive rulings on the merits, such as a Markman order or summary judgment, the parties filed a joint motion to dismiss.
  • Dismissal with Prejudice (2024-04-15): On the same day, Judge Albright granted the motion and dismissed all claims and counterclaims with prejudice. The order specified that each party would bear its own costs, expenses, and attorneys' fees.
  • Confidential Settlement: The dismissal with prejudice with each side bearing its own costs is indicative of a negotiated settlement between Atlas and ASUS. The terms of the settlement remain confidential. The case was officially closed by the court clerk following the judge's order.

Plaintiff representatives

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

Plaintiff's Counsel of Record

Based on court filings and media reports, the plaintiff, Atlas Global Technologies LLC, is represented by attorneys from the intellectual property litigation boutique Heim, Payne & Chorush, LLP. While a comprehensive list of all attorneys who have filed notices of appearance is not available through public web searches, the following lawyers have been identified as representing Atlas Global in this or closely related litigation.

Heim, Payne & Chorush, LLP

  • Michael F. Heim (Lead Counsel)

    • Firm: Heim, Payne & Chorush, LLP (Founding Partner), Houston, TX
    • Note: A veteran patent litigator with over 30 years of experience, Heim has led litigation teams to significant verdicts and settlements, particularly in the Eastern District of Texas.
  • Alden G. Harris (Lead Counsel)

    • Firm: Heim, Payne & Chorush, LLP (Partner), Houston, TX
    • Note: Harris has litigated patent cases across various technical fields and previously clerked for Judges Roy Payne and Rodney Gilstrap in the Eastern District of Texas.
  • Eric J. Enger (Of Counsel)

    • Firm: Heim, Payne & Chorush, LLP (Partner), Houston, TX
    • Note: Enger focuses on complex patent litigation for high-tech companies and has been recognized for his work in U.S. district courts and before the Patent Trial and Appeal Board (PTAB).
  • Blaine A. Larson (Of Counsel)

    • Firm: Heim, Payne & Chorush, LLP (Partner), Houston, TX
    • Note: Larson is a seasoned patent litigator who has clerked at both the Federal Circuit (for Judge Kimberly Moore) and the Eastern District of Texas (for Chief Judge Leonard Davis).
  • William "Wills" Collier (Of Counsel)

    • Firm: Heim, Payne & Chorush, LLP (Partner), Houston, TX
    • Note: Collier's practice centers on patent infringement litigation, and he previously clerked for Judge Robert Schroeder III in the U.S. District Court for the Eastern District of Texas.

Stamoulis & Weinblatt LLC

  • Stamatios Stamoulis (Local Counsel)

    • Firm: Stamoulis & Weinblatt LLC, Wilmington, DE
    • Note: Frequently serves as Delaware counsel in patent infringement cases, representing a wide range of plaintiffs in districts known for patent litigation.
  • Richard C. Weinblatt (Local Counsel)

    • Firm: Stamoulis & Weinblatt LLC, Wilmington, DE
    • Note: Focuses on patent litigation and appellate work, with extensive experience in cases involving complex technologies.

It is not definitively confirmed from available public records whether Stamoulis & Weinblatt have entered an appearance in this specific Western District of Texas case, though they are frequently involved in patent assertion campaigns.

The Chong Law Firm, PA and Safarian Choi & Bolstad LLP did not appear in docket search results or media reports connected to this specific case.

Defendant representatives

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

Based on the available information, the following counsel have appeared on behalf of the defendant, Dell Technologies, Inc., in this matter. The legal team is comprised of attorneys from national intellectual property firms and a well-known Texas-based firm for local counsel.

Lead Counsel

  • Name and Role: Frank C. Cimino, Jr., Lead Counsel

    • Firm and Office: Venable LLP, Washington, D.C.
    • Noteworthy Experience: Cimino is a trial attorney with an engineering background who frequently represents technology companies in patent disputes involving electronics, software, and communications.
  • Name and Role: Ross R. Barton, Lead Counsel

    • Firm and Office: Alston & Bird LLP, Atlanta, GA
    • Noteworthy Experience: Barton has over 20 years of experience litigating complex patent cases, particularly in the telecommunications and high-tech industries, and has represented Dell in prior patent matters.

Of Counsel

  • Name and Role: Lauren Griffin, Of Counsel

    • Firm and Office: Alston & Bird LLP, Charlotte, NC
    • Noteworthy Experience: Griffin focuses on complex patent litigation before district courts and the ITC, with an emphasis on cases dealing with the internet of things and computing technologies.
  • Name and Role: Nicholas T. Tsui, Of Counsel

    • Firm and Office: Alston & Bird LLP, Silicon Valley, CA
    • Noteworthy Experience: Tsui is an experienced trial litigator with a background in complex technologies, representing clients in patent trials in district court, the ITC, and at the PTAB.

Local Counsel

  • Name and Role: Michael E. Jones, Local Counsel

    • Firm and Office: Potter Minton, P.C., Tyler, TX
    • Noteworthy Experience: Jones is a seasoned Texas trial lawyer designated as a "go-to" attorney for Fortune 500 companies in intellectual property litigation, frequently serving as local counsel in the Eastern and Western Districts of Texas.
  • Name and Role: Melissa R. Smith, Local Counsel

    • Firm and Office: Gillam & Smith LLP, Marshall, TX
    • Noteworthy Experience: Smith is a highly-regarded Texas trial lawyer and has served as local counsel in thousands of patent cases, earning a place in the Texas Verdicts Hall of Fame.