Litigation
Cisco Systems Inc v. Damaka Inc
Ex ParteIPR2026-00210
- Filed
- 2026-01-13
Patents at issue (1)
Plaintiffs (1)
Defendants (1)
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
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Let me verify the IPR patent mapping, Damaka's corporate history, and prior litigation.
Let me verify the remaining patents, IPR2026-00206's target, judge assignment, and Damaka's litigation history.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
The patent infringement litigation between Damaka Inc. and [Cisco Systems Inc.](/litigations/by-plaintiff/Cisco%20Systems%20Inc.) involves a district court case, Damaka, Inc. v. Cisco Systems, Inc. (Case No. 2:25-cv-00593-RWS-RSP), in the Eastern District of Texas, and parallel inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).
Here are the key legal developments and outcomes in chronological order:
2025-05-30: District Court Complaint Filed
Damaka Inc. initiated the patent infringement litigation by filing a complaint against Cisco Systems Inc. in the U.S. District Court for the Eastern District of Texas. The complaint, Case No. 2:25-cv-00593-RWS-RSP, asserts infringement of six patents, including U.S. Patent No. 9,270,744. Damaka accuses Cisco's Webex Application and Webex SDKs, across various platforms, of infringing these patents.2025-11-13: Damaka's Infringement Contentions
Damaka served its Infringement Contentions in the district court case, detailing its allegations that Cisco's products infringe claims 20-27 of U.S. Patent No. 9,270,744, among other patents.2025-12-05: Docket Control Order, Markman Hearing Set, Discovery Orders
Magistrate Judge Roy S. Payne issued a Docket Control Order in the district court case. This order initially set the Markman/Claim Construction Hearing for October 27, 2025. Additionally, the court granted motions for a discovery order and a protective order, formalizing the framework for information exchange in the litigation.2026-01-12: Cisco Files IPR2026-00206
Cisco Systems Inc. filed IPR2026-00206 against Damaka, Inc. A publicly available status for this IPR indicates "Discretionary Denial." This IPR also references the underlying district court litigation, Case No. 2:25-cv-00593.2026-01-13: Cisco Files IPR2026-00210 (Patent Discrepancy Noted)
Cisco Systems Inc. filed a petition for inter partes review, IPR2026-00210, against Damaka Inc. (Note on Discrepancy: While the provided case metadata in the prompt states that IPR2026-00210 is for U.S. Patent No. 9,270,744, publicly available PTAB records for this specific IPR case number (IPR2026-00210) consistently indicate that it was filed against U.S. Patent Application No. 18/099,175, which corresponds to U.S. Patent No. 11,930,362.)2026-01-15: Cisco's Priority Date Challenge
Cisco sent a letter to Damaka asserting that its Webex products predate the earliest priority date of the patents asserted by Damaka in the district court case.Undated (Reset): Markman Hearing Reset for 2026-10-27
The Markman/Claim Construction Hearing in the district court case, originally set for October 27, 2025, was subsequently reset for October 27, 2026.2026-05-06: Institution Denied for IPR2026-00210
The Patent Trial and Appeal Board (PTAB) issued a decision denying institution for IPR2026-00210 (the IPR challenging U.S. Patent No. 11,930,362, as per PTAB records for this IPR case number).2026-05-29: Current Posture
As of today, the district court case, Damaka, Inc. v. Cisco Systems, Inc. (Case No. 2:25-cv-00593-RWS-RSP), remains active and is proceeding through its pre-trial schedule. A pretrial conference is scheduled for March 22, 2027, and jury selection is set for April 19, 2027. No inter partes review specifically targeting U.S. Patent No. 9,270,744 by Cisco was found in the search results at this time. Cisco has also filed IPR2026-00211 against Damaka's U.S. Patent No. 12,279,116, which is also referenced in the district court litigation.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Haynes and Boone
- Theodore M. Foster · Lead Counsel
- David L. McCombs · Back-up Counsel
- Calmann J. Clements · Back-up Counsel
- Brett Bostrom · Back-up Counsel
- Dagim Tilahun · Back-up Counsel
- Matthew Beck · Back-up Counsel
- In-house counsel
- John Zhu · in-house
- Sarita Venkat · in-house
Cisco Systems Inc., the petitioner in IPR2026-00210, is represented by attorneys from Haynes and Boone, LLP. The firm's office in Dallas, Texas, is listed as the primary location for these attorneys.
The counsel of record identified for Cisco Systems Inc. include:
Theodore M. Foster
- Role: Lead Counsel
- Firm: Haynes and Boone, LLP, Dallas, TX
- Relevant Experience: Theodore M. Foster is a registered patent attorney (Reg. No. 57,456) and is designated as Lead Counsel for Cisco in multiple IPRs against Damaka Inc.. His practice at Haynes and Boone focuses on intellectual property litigation, including patent litigation and post-grant proceedings before the PTAB.
David L. McCombs
- Role: Back-up Counsel
- Firm: Haynes and Boone, LLP, Dallas, TX
- Relevant Experience: David L. McCombs is a seasoned intellectual property litigator and registered patent attorney (Reg. No. 32,271) known for his work in patent disputes. He has extensive experience representing clients in federal courts and before the PTAB in various technology sectors.
Calmann J. Clements
- Role: Back-up Counsel
- Firm: Haynes and Boone, LLP, Dallas, TX
- Relevant Experience: Calmann J. Clements is a registered patent attorney (Reg. No. 66,910) at Haynes and Boone, involved in patent litigation and post-grant review proceedings.
Brett Bostrom
- Role: Back-up Counsel
- Firm: Haynes and Boone, LLP, Dallas, TX
- Relevant Experience: Brett Bostrom is a registered patent attorney (Reg. No. 73,009) at Haynes and Boone, with experience in patent litigation and IPR proceedings.
Dagim Tilahun
- Role: Back-up Counsel
- Firm: Haynes and Boone, LLP, Dallas, TX
- Relevant Experience: Dagim Tilahun is a registered patent attorney (Reg. No. 75,722) practicing patent litigation at Haynes and Boone, including matters before the PTAB.
Matthew Beck
- Role: Back-up Counsel
- Firm: Haynes and Boone, LLP, Dallas, TX
- Relevant Experience: Matthew Beck is a registered patent attorney (Reg. No. 79,791) at Haynes and Boone, involved in intellectual property disputes and PTAB proceedings.
In-house counsel at Cisco Systems Inc. also play a significant role in managing patent litigation, including PTAB matters. For instance, John Zhu is a Director and Associate General Counsel in Cisco's intellectual property group, involved in managing patent litigation and strategy [cite: 2 (from prior search)]. Sarita Venkat is another key in-house counsel, serving as VP & Deputy General Counsel of Global Litigation at Cisco, with extensive experience in patent and commercial litigations worldwide. [cite: 7 (from prior search)]
It is important to note a discrepancy: the case metadata provided stated the patent at issue as 9270744. However, all search results for IPR2026-00210 consistently identify U.S. Patent No. 11,930,362 as the patent challenged in this IPR. Furthermore, the PTAB has issued a "Decision Outcome: Institution Denied" for IPR2026-00210 as of May 6, 2026.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
Damaka Inc., the Patent Owner in IPR2026-00210, is represented by attorneys from Fabricant LLP. While direct counsel information for IPR2026-00210 specifically wasn't immediately available in a single definitive search result, related IPRs filed by Cisco Systems, Inc. against Damaka, Inc. (e.g., IPR2026-00206 and IPR2026-00211) explicitly identify Damaka's counsel, and it is highly common for the same legal team to handle related IPRs for the same client.
The following attorneys represent Damaka Inc.:
Jacob Ostling
- Role: Lead Counsel
- Firm: Fabricant LLP, Rye, New York
- Experience Note: Ostling is registered with the USPTO (Reg. No. 77,624) and is noted as Lead Counsel for the Patent Owner (Damaka, Inc.) in related IPR proceedings against Cisco Systems, Inc.
Alfred R. Fabricant
- Role: Back-up Counsel (subject to motion to appear pro hac vice)
- Firm: Fabricant LLP, Rye, New York
- Experience Note: Alfred Fabricant is a named partner at Fabricant LLP and is frequently involved in patent litigation.
Richard Cowell
- Role: Back-up Counsel
- Firm: Fabricant LLP, Rye, New York
- Experience Note: Cowell is registered with the USPTO (Reg. No. 79,143) and is listed as back-up counsel for Damaka, Inc. in related IPRs.
Joseph M. Mercadante
- Role: Back-up Counsel
- Firm: Fabricant LLP, Rye, New York
- Experience Note: Mercadante is registered with the USPTO (Reg. No. 64,077) and is listed as back-up counsel for Damaka, Inc. in related IPRs.