BE Smarter LLC et al. v. Yondr Inc.

This Post-Grant Review (PGR) at the Patent Trial and Appeal Board (PTAB), case number PGR2025-00070, involved petitioners BE Smarter LLC and James Guerra challenging a patent owned by Yondr Inc. Yondr Inc. is an operating company known for its "Yondr Pouch," a magnetic locking system designed to create phone-free environments in schools, concerts, courthouses, and various other venues to reduce distractions and prevent unauthorized recordings. While the nature of BE Smarter LLC and James Guerra's business isn't explicitly detailed in the PTAB record, they are defendants in a parallel patent and trademark infringement lawsuit filed by Yondr Inc., suggesting they may offer a competing product or service in the same market.

The sole patent at issue in this PGR was U.S. Patent No. 12,133,078, titled "System and apparatus for selectively limiting user control of an electronic device." This patent broadly describes a system, such as a case, configured to receive a mobile electronic device and equipped with a locking mechanism to secure its opening. The locking mechanism is designed to be physically impenetrable by the user when engaged and to selectively engage or disengage based on predetermined conditions, such as geographic location or the passage of time. The technology directly pertains to the functionality of Yondr's signature product, the Yondr Pouch.

The procedural posture for this case was a Post-Grant Review before the PTAB, initiated on August 13, 2025, and subsequently concluded due to a settlement. PGRs are a relatively specialized form of PTAB trial, only available for patents filed under the America Invents Act (AIA) and requiring a petition to be filed within nine months of the patent's grant date. The case is notable because it arose in the context of a pending district court litigation, Yondr, Inc. v. Be Smarter, LLC et al. (1:2024cv01326, W.D. Texas), filed October 31, 2024, where Yondr Inc. asserted infringement of the '078 patent (along with U.S. Patent No. 9,819,788) and trademark infringement against BE Smarter LLC and James Guerra. The decision by BE Smarter LLC and James Guerra to file a PGR suggests a strategic defense maneuver against Yondr's infringement claims, and the settlement indicates a likely broader resolution of the underlying dispute between the parties.

Key Legal Developments and Outcome for PGR2025-00070

The Post-Grant Review (PGR) case, BE Smarter LLC et al. v. Yondr Inc., PGR2025-00070, involved U.S. Patent No. 12,133,078 and concluded with a settlement. This PGR proceeding was notably intertwined with parallel district court litigation and a related Inter Partes Review (IPR) concerning a related patent.

Chronological Developments:

• 2024-10-31: Parallel District Court Litigation Filed. Yondr Inc. filed a patent infringement lawsuit against BE Smarter LLC and James Guerra in the U.S. District Court for the Western District of Texas, Case No. 1:24-cv-01326-ADA. The complaint asserted infringement of U.S. Patent No. 12,133,078 and U.S. Patent No. 9,819,788.
• 2024-12-13: District Court Answer and Counterclaims. In the district court litigation, BE Smarter LLC and James Guerra filed an Answer and Counterclaims, including assertions that U.S. Patent No. 9,819,788 was invalid.
• 2025-05-06: Related IPR Filed. BE Smarter LLC initiated an Inter Partes Review, IPR2025-00970, challenging U.S. Patent No. 9,819,788, which was also at issue in the parallel district court case.
• 2025-08-13: PGR Petition Filed. BE Smarter LLC and James Guerra filed a Post-Grant Review petition, PGR2025-00070, challenging U.S. Patent No. 12,133,078.
• 2026-01-27: Institution of PGR. The Patent Trial and Appeal Board (PTAB) instituted the Post-Grant Review for PGR2025-00070, allowing the challenge to U.S. Patent No. 12,133,078 to proceed on its merits.
• 2026-04-14: Settlement and Termination. The PGR proceeding, PGR2025-00070, was terminated due to a settlement between the parties. This settlement likely resolved the challenges in the PGR as well as the parallel district court litigation and the related IPR.

Outcome:

The Post-Grant Review PGR2025-00070 concluded with a settlement between Petitioners BE Smarter LLC and James Guerra, and Patent Owner Yondr Inc., leading to the termination of the PTAB proceeding on April 14, 2026. This settlement also encompassed the concurrently ongoing district court litigation, Yondr Inc. v. Be Smarter LLC, et al., and a related IPR, IPR2025-00970, covering different patents but involving the same parties and underlying dispute. The exact terms of the settlement are not publicly available but indicate a resolution of all disputes concerning the involved patents.

Here is the counsel of record representing the plaintiff(s), BE Smarter LLC and James Guerra, in the PGR2025-00070 case:

Leisa Talbert Peschel

• Role: Counsel for Petitioner (likely lead or significant counsel)
• Firm: Jackson Walker LLP, Houston, TX office.
• Experience Note: Ms. Peschel is a partner at Jackson Walker and her practice includes intellectual property litigation, particularly patent, trademark, and copyright litigation, as well as post-grant proceedings before the PTAB.

Raman N. Dewan

• Role: Counsel for Petitioner (likely lead or significant counsel)
• Firm: Jackson Walker LLP, Austin, TX office.
• Experience Note: Mr. Dewan is a partner at Jackson Walker and focuses on intellectual property litigation, including patent infringement and post-grant review proceedings.

Arthur Gollwitzer III

• Role: Counsel for Petitioner (Pro Hac Vice)
• Firm: The specific firm for Arthur Gollwitzer III is not explicitly stated in the provided search results, only his pro hac vice status.
• Experience Note: Information on Arthur Gollwitzer III's specific patent litigation experience or notable cases is not directly available in the provided snippets, beyond his pro hac vice appearance in this case.

Here is the counsel of record representing the defendant, Yondr Inc., in the PGR2025-00070 case:

Stephen C. Jensen

• Role: Counsel for Patent Owner (Yondr Inc.)
• Firm: Knobbe, Martens, Olson & Bear, LLP, Irvine, CA office
• Experience Note: Jensen is listed as an attorney for Yondr Inc. in this PGR and a related IPR (IPR2025-00970), indicating experience in PTAB proceedings.

Rhett D. Ramsey

• Role: Counsel for Patent Owner (Yondr Inc.)
• Firm: Knobbe, Martens, Olson & Bear, LLP, Irvine, CA office
• Experience Note: Ramsey is listed as an attorney for Yondr Inc. in this PGR and a related IPR (IPR2025-00970), indicating experience in PTAB proceedings.