Avant Location Technologies LLC v. Ecobee Techs. ULC d/b/a ecobee

Avant Location Technologies LLC, a patent assertion entity (PAE) operating without disclosed commercial products, initiated this patent infringement lawsuit against Ecobee Techs. ULC d/b/a ecobee, a prominent Canadian smart home technology company. Avant, identified as an entity of Anjay Venture Partners LLC, specializes in licensing and enforcing its patent portfolio, particularly in location-based technologies. Ecobee, now a subsidiary of Generac Holdings, manufactures smart thermostats, temperature and occupancy sensors, smart light switches, and smart cameras. The litigation accused Ecobee's smart home product ecosystem, including its smart thermostats, security bundles, and occupancy sensors, of infringing Avant's patents through their embedded location-based technology.

The primary patent at issue, as specified in the case metadata and confirmed by IPR filings, is U.S. Patent No. 9,042,910. This patent generally relates to methods for monitoring the presence of a mobile station in a "special area," and to associated mobile systems, servers, radio transmitting devices, and mobile stations. Other patents, such as U.S. Patent Nos. 9,485,621 and 9,622,032, also directed to location-based communication, device functionalities, geofencing, occupancy detection, and proximity-based automation, were reportedly part of Avant's broader campaign and asserted in this specific dispute. The case was filed in the U.S. District Court for the Eastern District of Texas, a venue recognized for its plaintiff-friendly patent litigation environment, and presided over by Judge J. Rodney Gilstrap.

While initially set for a May 18, 2026, trial, this case has since been dismissed with prejudice on February 25, 2026, following a joint motion by the parties, indicating a privately negotiated resolution. This litigation is notable as it exemplifies an NPE's assertion against a significant player in the rapidly expanding smart home industry, a sector increasingly targeted by patent suits. Furthermore, the asserted patents have been the subject of inter partes review (IPR) petitions at the Patent Trial and Appeal Board (PTAB) by other defendants, such as Apple, challenging their validity. Unified Patents, an organization focused on deterring baseless assertions, has also conducted prior art contests against Avant's patents, further highlighting their assertion patterns.

This patent infringement litigation, Avant Location Technologies LLC v. Ecobee Techs. ULC d/b/a ecobee, case number 2:23-cv-00354-JRG-RSP, in the U.S. District Court for the Eastern District of Texas, concluded with a dismissal with prejudice on February 25, 2026, following a joint motion by the parties. The case centered on U.S. Patent Nos. 9,042,910, 9,485,621, and 9,622,032, related to location-based technologies for monitoring mobile stations in special areas, asserted against Ecobee's smart home product ecosystem.

Key legal developments are outlined chronologically below:

• July 31, 2023 – Complaint Filed: Avant Location Technologies LLC initiated the lawsuit against Ecobee Techs. ULC d/b/a ecobee in the Eastern District of Texas.
• March 14, 2025 – Invalidity Contentions: Ecobee Techs. ULC submitted its Invalidity and Subject Matter Eligibility Contentions, indicating active defense against the asserted patents.
• September 11, 2025 – Parallel IPR Filed: Apple Inc. filed an inter partes review (IPR) petition, IPR2025-01261, challenging U.S. Patent No. 9,042,910, which was one of the patents asserted in the Ecobee Litigation.
• October 7, 2025 – Fact Discovery Deadline: The deadline for the completion of fact discovery in the Ecobee Litigation passed.
• October 17, 2025 – Third Amended Docket Control Order: The court issued a Third Amended Docket Control Order, which confirmed a trial date for May 18, 2026.
• November 17, 2025 – Request for Discretionary Denial in IPR: Avant Location Technologies LLC, as Patent Owner, filed a request for discretionary denial of institution in Apple's IPR2025-01261. Avant argued against institution by highlighting the advanced stage of the parallel Ecobee Litigation, including the upcoming May 2026 trial date, the completion of fact discovery, and a scheduled Markman hearing. Avant emphasized the significant investment already made in the Ecobee case.
• December 4, 2025 – Markman Hearing Scheduled: A Markman (claim construction) hearing was scheduled in the Ecobee Litigation, indicating the case had progressed to the claim construction phase.
• December 15, 2025 – Document Production Deadline: The deadline for substantial completion of document production was set.
• February 25, 2026 – Case Dismissed with Prejudice: The U.S. District Court for the Eastern District of Texas granted a joint motion to dismiss, resulting in the dismissal of the case with prejudice. This outcome signifies a privately negotiated resolution between Avant and Ecobee, occurring before the scheduled trial date and before a decision on the institution of Apple's IPR challenging the '910 patent.
• March 17, 2026 – IPR Institution Decision Due (post-dismissal): The statutory deadline for the Patent Trial and Appeal Board (PTAB) to decide on the institution of Apple's IPR2025-01261 against the '910 patent was set for March 17, 2026, which was after the dismissal of the Ecobee Litigation.

The dismissal of the case prior to trial, despite reaching advanced stages of discovery and having a Markman hearing scheduled, suggests that the parties reached a settlement. The timing of the settlement, occurring before the PTAB's decision on institution for a related IPR, is a notable strategic development.

Avant Location Technologies LLC was represented by attorneys from Fabricant Rubino Lambrianakos LLP (FRL), primarily Julian G. Pymento, who acted as lead counsel in related inter partes review (IPR) proceedings challenging the same patents. While the specific docket for the Ecobee litigation (2:23-cv-00354-JRG-RSP) was not directly available through web search, IPR filings and firm profiles provide strong indicators of the plaintiff's representation.

The identified counsel of record for the plaintiff include:

• Julian G. Pymento
  • Role: Lead Counsel
  • Firm: Fabricant Rubino Lambrianakos LLP (FRL). His office is in New York.
  • Experience: Pymento has extensive experience across all stages of patent litigation in federal courts and IPR proceedings before the Patent Trial and Appeal Board (PTAB). His practice includes representing location-based service technology companies in patent infringement claims against various defendants. He leverages his M.S. in electrical engineering in his practice. He was also identified as "Counsel for Patent Owner in the EDTX Apple Litigation / WDTX Apple Litigation," which was joined with the Ecobee Litigation, indicating his direct involvement in Avant's broader enforcement efforts in the Eastern District of Texas.

Other attorneys from Fabricant Rubino Lambrianakos LLP also listed as counsel for Avant Location Technologies LLC (the Patent Owner) in related IPR filings are:

• Peter Lambrianakos

  • Role: Counsel (listed as Lead Counsel in related IPR filings)
  • Firm: Fabricant Rubino Lambrianakos LLP (FRL), New York, NY (based on Rye, New York address).
  • Experience: Peter Lambrianakos is a partner at FRL, a litigation firm representing clients in high-stakes intellectual property disputes.

• Vincent J. Rubino, III

  • Role: Counsel
  • Firm: Fabricant Rubino Lambrianakos LLP (FRL), New York, NY (based on Rye, New York address).
  • Experience: Vincent J. Rubino, III is a partner at FRL, involved in intellectual property disputes.

• Jacob Ostling

  • Role: Counsel
  • Firm: Fabricant Rubino Lambrianakos LLP (FRL), New York, NY (based on Rye, New York address).
  • Experience: Jacob Ostling is an associate at FRL.

While specific local counsel for Avant Location Technologies LLC in the Ecobee case was not explicitly identified in the available search results, it is a common practice for out-of-state firms to engage local counsel in patent litigation within the U.S. District Court for the Eastern District of Texas. Firms like Potter Minton and Jackson Walker are known for their intellectual property litigation and local counsel services in the Eastern District of Texas.

Ecobee Techs. ULC d/b/a ecobee was represented by Kilpatrick Townsend & Stockton LLP. This firm has a substantial patent litigation practice and is known for representing clients in federal district courts across the U.S., including the Eastern District of Texas, as well as before the PTAB and ITC.

Based on available information from related patent litigation involving Ecobee and the firm's presence in Texas, the following attorneys were identified:

• Neil J. McNabnay

  • Role: Likely Lead Counsel (based on appearances in similar Ecobee cases in EDTX)
  • Firm: Kilpatrick Townsend & Stockton LLP, Dallas, TX.
  • Experience: Mr. McNabnay is a partner at Kilpatrick Townsend with extensive experience in patent litigation, particularly in the Eastern District of Texas. He has been involved in other patent cases for Ecobee, such as L4T Innovations LLC v. Ecobee Technologies ULC d/b/a Ecobee. The firm itself boasts a team of over 200 patent attorneys and has handled hundreds of patent litigation cases.

• David Brandon Conrad

  • Role: Counsel
  • Firm: Kilpatrick Townsend & Stockton LLP, Dallas, TX.
  • Experience: Mr. Conrad is also associated with Kilpatrick Townsend's Dallas office and has represented Ecobee in patent litigation matters in the Eastern District of Texas.

It is also worth noting that Ecobee has been represented by Venable LLP in other patent disputes, including successfully defending against an ITC investigation brought by EcoFactor, Inc. and in IPR proceedings against Causam Enterprises, Inc. However, the available information directly linking Venable LLP to the Avant v. Ecobee case (2:23-cv-00354-JRG-RSP) is not as direct as for Kilpatrick Townsend. In the Avant litigation, the Ecobee Invalidity Contentions filed on March 14, 2025, indicate active defense, and Kilpatrick Townsend attorneys have appeared for Ecobee in other Eastern District of Texas patent cases.