Litigation

Cisco Systems, Inc. et al. v. Intelligent Protection Management Corp.

active

1:25-cv-00271

Filed
2025-03-07

Patents at issue (1)

Summary

Cisco alleges that Intelligent Protection Management Corp.'s (IPM) "ManyCam" software infringes on the '708 patent, among others. The complaint claims both direct and indirect infringement. The case is currently active in the discovery phase.

Case overview & background

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

Cisco Systems, Inc. and Cisco Technology, Inc. (collectively, Cisco) have initiated a patent infringement lawsuit against Intelligent Protection Management Corp. (IPM) in the U.S. District Court for the District of Delaware. Cisco, a prominent American multinational technology conglomerate, develops and sells networking hardware, software, telecommunications equipment, and cybersecurity solutions. The defendant, Intelligent Protection Management Corp., formerly known as Paltalk, Inc., operates as a managed technology solutions provider specializing in cybersecurity and cloud infrastructure, offering services such as server hosting, data storage, and managed security. IPM also offers and supports the "ManyCam" software, which is the accused infringing product in this litigation.

Cisco alleges that IPM's ManyCam software infringes on two of its patents: U.S. Patent No. 8,941,708 and U.S. Patent No. 8,830,293. The '708 patent, titled "System and method for rendering video participants in a multipoint video conference based on activity," generally describes techniques for efficiently displaying active speakers or relevant participants in a video conferencing environment. The '293 patent, titled "Method and apparatus for rendering participants in a multipoint video conference based on activity," similarly covers methods and devices for managing and rendering video feeds in a multi-user video conference by focusing on active participants. Cisco's complaint claims both direct and indirect infringement, asserting that ManyCam's video superposition and layout modification features, central to its live streaming and virtual camera functionalities, directly infringe on these patents. IPM acquired ManyCam from Visicom Media Inc. in June 2022 and has since continued to develop and market the software.

The case, docketed as 1:25-cv-00271, was filed on March 7, 2025, and is currently presided over by Judge Maryellen Noreika in the District of Delaware. The District of Delaware is a common venue for patent litigation due to its well-established body of patent law and specialized court procedures. This case is notable as it involves a major technology company, Cisco, asserting patents against a smaller, yet publicly traded, technology solutions provider, IPM, which has a business model that includes acquiring and leveraging intellectual property alongside its managed services. IPM has publicly stated it holds 8 patents and has a history of technology innovation, positioning itself as an operating company that actively manages and develops technology solutions, rather than solely a patent assertion entity. The litigation underscores the ongoing disputes surrounding video conferencing and live streaming technologies, an increasingly critical area in digital communication.

Key legal developments & outcome

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

Key Legal Developments and Outcome for Cisco Systems, Inc. et al. v. Intelligent Protection Management Corp.

The patent infringement lawsuit Cisco Systems, Inc. et al. v. Intelligent Protection Management Corp. (Case No. 1:25-cv-00271) was filed in the U.S. District Court for the District of Delaware on March 7, 2025. The case remains active and is currently in the discovery phase, with a jury trial tentatively scheduled for November 1, 2027.

Filing & Initial Pleadings

  • Complaint Filed (2025-03-07): Cisco Systems, Inc. and Cisco Technology, Inc. (collectively, "Cisco") filed a complaint for patent infringement against Intelligent Protection Management Corp. ("IPM"), formerly known as Paltalk, Inc. Cisco alleges that IPM's "ManyCam" software infringes U.S. Patent Nos. 8,830,293 (the "'293 Patent") and 8,941,708 (the "'708 Patent"). The complaint asserts both direct and indirect infringement under 35 U.S.C. § 271(a), (b), and (c), and seeks damages, a preliminary and permanent injunction, enhanced damages for willful infringement, and attorneys' fees. The complaint also noted that Cisco had notified IPM of the alleged infringement on March 5, 2025.
  • Defendant's Answer and Counterclaims: Details of IPM's answer and any counterclaims are not explicitly available in the provided search snippets, but pro hac vice motions for IPM's counsel were granted around May 19, 2025. Given the active status and scheduled trial, an answer and any counterclaims would have been filed in due course following the complaint.

Pre-Trial Motions of Substance

  • Motions for Pro Hac Vice Appearance (2025-05-19, 2025-05-21): The court granted motions for pro hac vice appearance for attorneys representing Intelligent Protection Management Corp. on May 19, 2025, and for attorneys representing Cisco Systems, Inc. and Cisco Technology, Inc. on May 21, 2025.
  • No other substantive pre-trial motions, such as motions to dismiss, transfer, or stay pending IPR, are explicitly mentioned with outcomes in the provided search results.

Claim Construction (Markman) Outcomes

  • A scheduling order, which the parties were instructed to draft using the court's form, indicates that a claim construction hearing (Markman hearing) is anticipated, and parties must leave at least three weeks between the claim construction hearing and the opening of expert discovery. However, no specific date for a Markman hearing or an outcome for claim construction has been reported as of May 15, 2026.

Discovery Milestones with Strategic Significance

  • Proposed Scheduling Order (2025-03-07): A proposed scheduling order was filed by Cisco Systems, Inc. and Cisco Technology, Inc. on the same day the complaint was filed.
  • Court Order regarding Scheduling (2025-05-16): Judge Maryellen Noreika issued an order requiring the parties to use the court's form scheduling order, which includes a proposal for the length and timing of trial and mandates a gap between the claim construction hearing and the start of expert discovery.
  • The case is confirmed to be in the discovery phase.

Trial Events, Verdict, and Post-Trial Motions

  • Jury Trial Scheduled (2027-11-01): A jury trial for the case is scheduled for November 1, 2027.
  • Given the case's current stage, no trial events, verdict, or post-trial motions have occurred yet.

Settlement, Dismissal, Judgment, or Appeal

  • The case is currently active and ongoing. No settlement, dismissal, judgment, or appeal has been reported.

Parallel PTAB IPR/PGR Proceedings

  • There are no specific IPR or PGR proceedings found in the search results directly targeting U.S. Patent Nos. 8,941,708 or 8,830,293 in relation to Intelligent Protection Management Corp.
  • However, Cisco is frequently involved in IPR proceedings, both as a petitioner and a patent owner, in other cases. For example, Cisco was involved in an IPR petition concerning U.S. Patent No. 8,902,760 in Cisco Systems, Inc. v. Chrimar Systems, Inc., where the PTAB ruled that a prior voluntary dismissal of a civil action challenging patent validity barred institution of an IPR. Cisco has also been a petitioner in other IPRs, with some discussions around discretionary denial of institution by the PTAB. These general examples illustrate Cisco's experience with the PTAB, but do not directly relate to the patents or parties in the present case.

Plaintiff representatives

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

Counsel of Record for Cisco Systems, Inc. et al.

Cisco Systems, Inc. and Cisco Technology, Inc. are represented by a team of attorneys from several firms in their patent infringement case against Intelligent Protection Management Corp. in the U.S. District Court for the District of Delaware. The counsel of record identified includes both lead and local counsel.

Here is a breakdown of the identified attorneys:

1. James S. Miller

  • Role: Lead Counsel (inferred from typical firm roles and patent litigation experience).
  • Firm & Office: Fish & Richardson P.C., Washington, D.C.
  • Experience: Fish & Richardson is a prominent intellectual property law firm, recognized for its extensive patent litigation practice across various venues, including district courts, the Federal Circuit, the ITC, and the PTAB. The firm frequently represents Fortune 100 companies in high-stakes patent litigation across diverse technology areas.

2. Abigail A. Gardner

  • Role: Lead Counsel (inferred from typical firm roles and patent litigation experience).
  • Firm & Office: Fish & Richardson P.C., Washington, D.C.
  • Experience: As with James S. Miller, Ms. Gardner is associated with Fish & Richardson, a firm deeply experienced in all aspects of intellectual property law, particularly patent litigation for technology and software companies.

3. Sarah E. Piepmeier

  • Role: Lead Counsel (inferred from typical firm roles and patent litigation experience).
  • Firm & Office: Fish & Richardson P.C., Washington, D.C.
  • Experience: Ms. Piepmeier is also part of Fish & Richardson, a firm known for handling a high volume of patent cases in district courts and the Federal Circuit, and for its ability to manage complex, technology-driven disputes.

4. Kelly E. Farnan

  • Role: Local Counsel.
  • Firm & Office: Richards, Layton & Finger, P.A., Wilmington, Delaware.
  • Experience: Richards, Layton & Finger is a well-established Delaware law firm frequently serving as local counsel in complex intellectual property litigation in the District of Delaware.

5. Sara M. Metzler

  • Role: Local Counsel.
  • Firm & Office: Richards, Layton & Finger, P.A., Wilmington, Delaware.
  • Experience: Ms. Metzler is associated with Richards, Layton & Finger, a firm often engaged for its expertise in Delaware court procedures and local practice in patent cases.

While specific appearances on PACER for this particular case were not directly retrieved in the search output, the PacerMonitor reference serves as a strong indication of counsel who have entered appearances. The roles (lead vs. local) are inferred based on the typical practices of the identified firms in Delaware patent litigation, where firms like Fish & Richardson often serve as lead counsel due to their specialized IP focus, and Delaware-based firms like Richards, Layton & Finger frequently act as local counsel. Firms like Morris, Nichols, Arsht & Tunnell LLP and Potter Anderson & Corroon LLP are also prominent Delaware firms with significant intellectual property litigation practices, often serving as local counsel or even lead counsel in certain patent disputes. Cisco has previously engaged firms like Gibson, Dunn & Crutcher and Desmarais LLP for significant patent litigation matters.

Defendant representatives

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

Intelligent Protection Management Corp. (IPM) is represented by a team of counsel from Susman Godfrey L.L.P., serving as lead counsel, and Barnes & Thornburg L.L.P., serving as local counsel.

The counsel of record for Intelligent Protection Management Corp. includes:

  • Kalpana Srinivasan (Lead Counsel)

    • Firm: Susman Godfrey L.L.P., Los Angeles, CA.
    • Experience: A managing partner at Susman Godfrey, Srinivasan tries high-stakes cases across the country, focusing on patent, trade secret, antitrust, and other complex disputes. She previously served as co-lead counsel and won a $65.7 million jury verdict for Paltalk Holdings (formerly Intelligent Protection Management Corp.) in a patent infringement lawsuit against Cisco Systems, related to Webex's audio server technology. She has been recognized as a Top 100 Trial Lawyer in America and California Intellectual Property Litigation Attorney of the Year by Benchmark Litigation.
  • Max L. Tribble, Jr. (Lead Counsel)

    • Firm: Susman Godfrey L.L.P., Houston, TX.
    • Experience: A permanent member of Susman Godfrey's Executive Committee, Tribble is a premier trial lawyer specializing in patent lawsuits, among other commercial disputes. He secured a $65.7 million jury verdict for Paltalk Holdings against Cisco Systems in a prior patent infringement case concerning Webex's audio server technology. He has also achieved significant verdicts in patent cases for other clients, including a $300 million settlement for MicroUnity against Intel and a $37.5 million verdict for Atlas Global Technologies against TP-Link.
  • Ryan V. Caughey (Lead Counsel)

    • Firm: Susman Godfrey L.L.P., Houston, TX.
    • Experience: A partner and executive committee member at Susman Godfrey, Caughey is a first-chair trial lawyer with experience in antitrust, technology, and trade secret disputes, including intellectual property litigation. He was part of the team that won a $65.7 million jury verdict for Paltalk Holdings against Cisco Systems in a patent infringement lawsuit. He has recovered over $1 billion for his clients in various litigations.
  • Amber B. Magee (Lead Counsel)

    • Firm: Susman Godfrey L.L.P., Houston, TX.
    • Experience: Magee joined Susman Godfrey after clerking for the U.S. Court of Appeals for the Fifth Circuit. She was part of the Susman Godfrey team that secured a $65.7 million jury verdict for Paltalk in the patent infringement case against Cisco Systems.
  • Chad S.C. Stover (Local Counsel)

    • Firm: Barnes & Thornburg L.L.P., Wilmington, DE.
    • Experience: Stover is a first-chair trial attorney who frequently represents clients in Delaware's federal and state courts, and is recognized for his work in intellectual property litigation and patent law. He has successfully resolved patent and trademark claims, and obtained early summary judgment in a patent litigation case that was affirmed by the Federal Circuit. Stover has represented clients in over 200 cases across the country.

Note that Brian E. Farnan and Michael J. Farnan were initially involved but have since been terminated as counsel in this case.