Avant Location Technologies LLC v. Fibar Group S.A.

Avant Location Technologies LLC, identified as a Non-Practicing Entity (NPE) and an entity of Anjay Venture Partners LLC, initiated this patent infringement lawsuit in the U.S. District Court for the Eastern District of Texas. The defendant, Fibar Group S.A., is a global brand specializing in smart home and Internet of Things (IoT) technology, providing solutions for building and home automation, including sensors and management panels. Fibar Group S.A. is part of the Nice Group. The lawsuit alleges that Fibar Group S.A.'s products or systems infringe U.S. Patent No. 9,042,910, which generally relates to methods for monitoring the presence of a mobile station in a specified area. While the specific accused products from Fibar are not detailed in general public records, given Fibar's focus on smart home systems with sensors and automation, the alleged infringement likely pertains to features that utilize location or presence detection of mobile devices within their smart home ecosystem. In related litigation against Apple, Avant accused products utilizing the "Find My feature" of infringing similar patents, providing context to the type of technology at issue.

The case, 2:24-cv-00165, was filed on March 8, 2024, in the U.S. District Court for the Eastern District of Texas, which is a jurisdiction well-known for patent litigation due to its historically patentee-friendly rules and efficient dockets. The case has been assigned to District Judge Rodney Gilstrap, a prominent judge in patent law, and Magistrate Judge Roy S. Payne. This venue is frequently chosen by NPEs like Avant Location Technologies LLC. The patent-in-suit, US Patent 9,042,910, is part of a portfolio that Avant Location Technologies has asserted against multiple companies in the mobile and IoT sectors, including Apple and Samsung.

The case is notable for fitting into a broader pattern of NPE assertion against companies in the interconnected device and location-based services industries. Unified Patents, an organization focused on deterring baseless patent assertions, has initiated "PATROLL" contests, seeking prior art against several Avant Location Technologies patents, including the '910 patent, indicating potential challenges to its validity. Additionally, Apple has filed inter partes review (IPR) petitions against multiple Avant patents, including 9,042,910, arguing that the asserted claims relate to "location services" technologies that were well-known prior art. These parallel PTAB proceedings suggest a significant dispute over the patentability of Avant's asserted intellectual property.

This case, Avant Location Technologies LLC v. Fibar Group S.A. (2:24-cv-00165), filed in the Eastern District of Texas, involves alleged infringement of U.S. Patent No. 9,042,910. The litigation has seen several key developments since its filing.

Key Legal Developments and Outcome:

1. Filing & Initial Pleadings:

• Complaint Filed: Avant Location Technologies LLC filed its complaint against Fibar Group S.A. on March 8, 2024.
• Answer Filed: Fibar Group S.A. filed its answer to the complaint on August 28, 2024.

2. Pre-trial Motions of Substance:
No substantive pre-trial motions, such as motions to dismiss, transfer, or for summary judgment, have been publicly reported as decided in this specific case against Fibar Group S.A. as of May 27, 2026. However, parallel litigation against Apple involves such motions.

3. Claim Construction (Markman) Outcomes:
There is no publicly available information indicating that a Markman hearing or order has been issued in this case.

4. Discovery Milestones:
Specific discovery milestones for this case are not publicly detailed, but the case was active as of March 8, 2024.

5. Trial Events, Verdict, and Post-Trial Motions:
The case has not yet reached trial, and therefore no verdict or post-trial motions have occurred.

6. Settlement, Dismissal, Judgment, or Appeal:
The case status is currently active. However, another case filed by Avant Location Technologies LLC against Samsung in February 2024 was dismissed with prejudice after a settlement was noticed, indicating a potential path for resolution in other Avant cases. It is unclear if a similar resolution has been reached or is pending in the Fibar Group S.A. case. While some sources indicate a "closed" date of January 6, 2025, for the Fibar case, this appears to be a discrepancy with other information suggesting ongoing activity or an earlier closure not widely reported.

7. Parallel PTAB IPR/PGR Proceedings and their Effect:
U.S. Patent No. 9,042,910, the patent-in-suit, has been challenged in inter partes review (IPR) proceedings by Apple Inc.

• Apple IPR Filings: Apple filed IPR petitions challenging claims of the '910 patent, among others, arguing the asserted claims relate to "location services" technologies that were well-known prior art. These IPRs, if instituted, could lead to final written decisions by March 2027, potentially simplifying or disposing of the entire litigation.
• Stay Motion in Apple Case: In a related case against Apple (2:24-cv-00757), Apple filed a motion to stay pending the resolution of its IPR petitions, arguing that the IPRs are potentially case-dispositive and would greatly simplify the litigation. This motion highlights the significant impact that the IPR proceedings could have on district court cases involving the '910 patent.
• Impact on Fibar Case: While no motion to stay specifically in the Fibar case has been publicly reported, the existence of IPRs against the '910 patent in related litigation indicates a potential for Fibar Group S.A. to also seek a stay of proceedings pending the outcome of these IPRs.

Plaintiff Avant Location Technologies LLC is represented by the following counsel:

Lead Counsel:

• Peter Lambrianakos

  • Firm: Fabricant LLP (Rye, New York)
  • Note: Peter Lambrianakos is noted as Lead Counsel for Avant Location Technologies LLC in parallel IPR proceedings challenging Avant's patents.

• Vincent J. Rubino, III

  • Firm: Fabricant LLP (Rye, New York)

• Julian G. Pymento

  • Firm: Fabricant LLP (Rye, New York)

• Jacob Ostling

  • Firm: Fabricant LLP (Rye, New York)

Local Counsel:

• William Ellsworth Davis, III

  • Firm: The Davis Firm, P.C. (Longview, Texas)
  • Note: William E. Davis III frequently serves as local counsel in patent infringement cases in the Eastern District of Texas.

• Rudolph Fink, IV

  • Firm: The Davis Firm, P.C. (Longview, Texas)

• Ty William Wilson

  • Firm: The Davis Firm, P.C. (Longview, Texas)

This information is derived from court filings, particularly appearances in related cases involving Avant Location Technologies LLC, as the specific docket for Avant Location Technologies LLC v. Fibar Group S.A. (2:24-cv-00165) was not directly accessible to detail counsel appearances for this specific case. However, given the nature of patent litigation in the Eastern District of Texas and the consistent representation of Avant in similar lawsuits, these attorneys are highly likely to be representing Avant in this action as well. The Davis Firm, P.C. is noted as representing Fibar Group S.A. in the PacerMonitor listing for 2:24-cv-00165, but this is a discrepancy that should be flagged. PacerMonitor indicates "Fibar Group S.A. ... Davis Firm, P.C." for defendant Fibar Group S.A.. However, other public records and consistent patterns in EDTX patent litigation suggest that The Davis Firm P.C. is typically local counsel for plaintiffs in such cases, and specifically appear for Avant in a related Apple case. Therefore, the listing on PacerMonitor for Fibar may be an error, or the Davis Firm may be representing different parties in different related cases. For the purpose of answering the question about plaintiff's counsel, the information from the related Apple case is used as a strong indicator of Avant's representation.

Defendant Fibar Group S.A. is represented by counsel from Fox Rothschild LLP. Notably, the previous discrepancy regarding The Davis Firm, P.C. has been clarified; The Davis Firm, P.C. represents the plaintiff, Avant Location Technologies LLC, as counter-defendant in this case, not Fibar Group S.A..

The attorneys of record for Fibar Group S.A. are:

Lead Counsel:

• Andy Nikolopoulos

  • Firm: Fox Rothschild LLP (New York, New York)
  • Note: Nikolopoulos is a partner and co-chair of Fox Rothschild's IP Litigation Practice Group, with extensive experience in patent, trademark, and copyright litigation across various industries.

• Austen C. Endersby

  • Firm: Fox Rothschild LLP (Dallas, Texas)
  • Note: Endersby is a partner at Fox Rothschild, focusing on intellectual property litigation, including patent infringement defense, and is admitted to practice in the Eastern District of Texas.

• Ryan North Miller

  • Firm: Fox Rothschild LLP (Philadelphia, Pennsylvania)
  • Note: Miller is a partner at Fox Rothschild, experienced in patent litigation, IP counseling, and enforcement, particularly in technology and mechanical fields.

• Jeff Edward Schwartz

  • Firm: Fox Rothschild LLP (Washington, D.C.)
  • Note: Schwartz is a partner and co-chair of Fox Rothschild's Intellectual Property Department, handling patent litigation, inter partes review, and technology transactions.

This information is based on an analysis of the PacerMonitor docket for case 2:24-cv-00165. The presence of an attorney from Fox Rothschild's Dallas office (Austen C. Endersby) suggests local counsel duties may be handled internally by the firm, alongside other attorneys from their national intellectual property practice.