CyboEnergy, Inc. v. Altenergy Power System USA, Inc.

I'll research this case thoroughly using web search.

Let me dig into the defendant, the IPRs, and the procedural rulings.

Let me research the IPR outcomes and the dismissal details.

Case Overview & Background

The parties — a rare operating-company-vs-operating-company solar dispute. Plaintiff CyboEnergy, Inc. is a small, California-based inverter manufacturer (Rancho Cordova, CA) and an affiliate of CyboSoft/General Cybernation Group Inc. It is a genuine operating company, not an NPE/PAE: CyboEnergy designs, makes, and sells the "CyboInverter," which it markets as the world's first solar power "Mini-Inverter" (a multi-channel device positioned between string/central inverters and per-panel microinverters), and it holds a patent portfolio and UL-certified, U.S.-made products. Its CEO/inventor is Dr. George Cheng, and it has won Frost & Sullivan solar-inverter awards (2013, 2017) (CyboEnergy corporate overview; Ramey LLP suit announcement). Defendant Altenergy Power System USA, Inc. (doing business as APsystems) is the U.S. arm of China-based Altenergy Power System Inc. (Jiaxing, Zhejiang) and a global leader in module-level power electronics (MLPE). APsystems claims the #1 worldwide multi-module microinverter position by MW shipped in 2018–2019 and sells single-, dual-, and quad-module microinverters (YC500, YC600, YC1000, QS1, DS3, QT2 and successors) into 120+ countries, with U.S. operations historically in Seattle/Bainbridge Island, WA and now Austin, TX (APsystems bankability white paper).

The asserted patents and accused technology. CyboEnergy sued on U.S. Patent No. 8,786,133 ("Smart and Scalable Power Inverters," issued July 22, 2014) and U.S. Patent No. 9,331,489 ("Maximizing Power Production at Low Sunlight by Solar Power Mini-Inverters," issued Dec. 27, 2016). The '133 patent is sketched as smart/scalable inverters; the '489 patent covers methods and apparatus for boosting solar harvest under low-irradiance conditions (sunrise, sunset, clouding, partial shading) — technically, DC-DC boost conversion and power-combining feeding an inverter that switches normal/low-power modes based on measured DC input power (Complaint, CyboEnergy v. Altenergy, W.D. Tex.; Claim Construction Decision, ECF No. 44). The accused products are APsystems' power inverters/microinverters and associated systems, with CyboEnergy alleging direct, induced, and contributory infringement (Complaint ¶¶ 6–11).

Procedural posture and venue. Filed October 28, 2022 in the [U.S. District Court for the Western District of Texas, Waco Division](/courts/western-district-of-texas-waco), and assigned to Judge Kathleen Cardone under the court's July 25, 2022 order routing patent cases, styled CyboEnergy, Inc. v. Altenergy Power System USA, Inc., No. 6:22-cv-01136-KC (UniCourt case summary; Docket Alarm). Venue mattered both strategically (W.D. Tex. was, in 2022, a magnet forum for patent plaintiffs, and the defendant has a regular and established place of business in Austin, TX, which the complaint pleads to defeat a § 1400(b) challenge) and substantively. On September 13, 2023, the court granted Altenergy's Rule 12(b)(6) motion to dismiss the '133 direct-infringement allegations (CyboEnergy, Inc. v. Altenergy Power Sys. USA, Inc., No. WA-22-CV-1136-KC, 2023 WL 5968000 (W.D. Tex. Sept. 13, 2023)) — per the existing case summary, with prejudice, though the retrieved secondary sources confirm only that dismissal was granted (E.D. Tex. opinion citing the ruling). The '489 claims proceeded: the case was referred to Magistrate Judge Derek T. Gilliland for claim construction on October 10, 2023, and the claim construction decision (ECF No. 44, filed Dec. 20, 2023) construed the four disputed claim-14 terms of the '489 patent according to their plain and ordinary meanings, rejecting Altenergy's narrower proposed constructions and its § 112 ¶ 6 means-plus-function indefiniteness arguments (Studicata summary; Claim Construction Decision PDF).

Why the case is notable. Three features stand out. First, it is a direct market-rival assertion in the hot solar MLPE/microinverter segment — a small U.S. innovator (CyboEnergy) asserting its portfolio against a global microinverter leader (APsystems) — rather than a classic NPE campaign, giving it competitive, not just monetization, significance. Second, it is linked to parallel PTAB proceedings: Altenergy filed IPR2024-00360 (Dec. 22, 2023), which it then moved to withdraw; the Board terminated it before institution on March 20, 2024 and approved a refund on April 8, 2024, and IPR2024-00362 against the '133 patent, for which the Board accepted a corrected petition on January 22, 2024 (IPR2024-00360 documents; IPR2024-00362 Notice). Litigation counsel are Ramey LLP (William P. Ramey III, Jeffrey Kubiak) for CyboEnergy and Quarles & Brady LLP (Michael J. Curley, Johanna Wilbert) for Altenergy, with DLA Piper US appearing for the patent owner in the IPRs. Third, the case has become cited authority on pleading standards for direct infringement: the '133 dismissal has been invoked in at least one later E.D. Tex. action as precedent for dismissing a failure-to-state-a-claim of direct infringement, and CyboEnergy has pursued a related litigation track (e.g., CyboEnergy, Inc. v. Deye Ess Technology USA) (Patexia related cases).

Sourcing caveat. The '133 dismissal being with prejudice, the exact grounds/opinion text, the outcome of IPR2024-00362 (institution and any final written decision), and the current/final disposition of the district court case after the December 2023 claim construction could not be fully confirmed from the sources retrieved; no PACER docket later than the claim-construction decision was available to me, and the "status unconfirmed" flag in the case metadata remains accurate as of this writing.

I'll research this case thoroughly using web search. Let me start with several searches.

Good initial results. Let me dig into the specific docket events and the PTAB proceedings.

Let me get the full docket and details on the IPR terminations and final disposition.

CyboEnergy, Inc. v. Altenergy Power System USA, Inc., No. 6:22-cv-01136-KC (W.D. Tex.) — Chronology of Key Legal Developments

Analyst note on sourcing: The W.D. Tex. docket for this case is not fully mirrored in the free databases I could reach (Docket Alarm shows "the docket is incomplete"; UniCourt's last update is stale at 2022-12-27). The chronology below is reconstructed from the complaint, the two substantive opinions that cite this case, the PTAB records for the parallel IPRs, and plaintiff's counsel's press releases. Where the record is thin — specifically the answer/counterclaims and the district court's final disposition — I say so rather than fill the gap.

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0. Framework facts (confirmed)

Sources: Docket Alarm case page (https://ocr.docketalarm.com/cases/Texas_Western_District_Court/6--22-cv-01136/); Ramey LLP press release ("Ramey LLP Files New Suit on Behalf of CyboEnergy, Inc.," https://www.rameyfirm.com/ramey-llp-files-new-suit-on-behalf-of-cyboenergy-inc); complaint PDF (https://cdn.lawlytics.com/law-media/uploads/2360/[219387](/patent/219387)/original/Complaint-Cyboenergy-v.-Altenergy.pdf).

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1. Filing and initial pleadings (2022-10-28 to 2022-11)

• 2022-10-28 — Complaint filed (Dkt. 1). Asserted direct, induced, and contributory infringement of both patents, plus willfulness and an exceptional-case prayer under 35 U.S.C. § 285. The infringement theory for the '133 patent was pitched at the system level: CyboEnergy alleged APsystems' single inverters, taken together with end-user installation and grid connection, infringed multi-inverter system and method claims. CyboEnergy also pleaded a knowledge theory keyed to its earlier suit against Sensata (filed 2021-10-15), alleging APsystems knew of the patents because "Sensata used APsystems inverters."
• 2022-10-28 — Exhibits A–D filed (Ex. C = '133 patent; Ex. D = '489 patent), plus AO-120, civil cover sheet, and certificate of interested parties (Dkt. 2–4).
• 2022-10-31 — Summons issued (Dkt. 6). Case randomly assigned to Judge Cardone under the court's patent-case assignment order.
• Defendant's answer / counterclaims — NOT CONFIRMED. APsystems unquestionably appeared and defended (it filed the dispositive motion, claim-construction papers, and the IPRs, all through Quarles & Brady), but I could not retrieve its answer or any declaratory-judgment counterclaims of invalidity/non-infringement from the available docket mirrors. Treat any counterclaim description as unverified.

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2. Rule 12(b)(6) motion to dismiss the '133 claims — granted 2023-09-13

This is the first substantive ruling and the one that reshaped the case.

• APsystems moved under Rule 12(b)(6) to dismiss the '133 patent claims for failure to state a claim of direct infringement. The theory: CyboEnergy's accused products were single inverters, and the asserted claims required multi-inverter systems or method steps performed by someone (the end user/installer), not by APsystems.
• 2023-09-13 — The court granted the motion. Reported at CyboEnergy, Inc. v. Altenergy Power Sys. USA, Inc., No. WA-22-CV-1136-KC, 2023 WL 5968000 (W.D. Tex. Sept. 13, 2023).
• Two holdings are quoted verbatim in the later E.D. Tex. Hoymiles opinion:
  • Claim 15 (system): "[E]ach of the Accused Inverters is but a single inverter," and CyboEnergy failed to "offer any cogent argument for how the Accused Inverters could constitute a literally infringing multi-inverter system or its equivalent, when they are but one discrete part of that system." 2023 WL 5968000, at *3–4.
  • Claim 19 (method): CyboEnergy failed to state a claim because it did not identify any claimed step performed by the defendant rather than by end users. Id. at *4–5.
• Prejudice: The case metadata records the '133 dismissal as with prejudice. The Hoymiles opinion's description of the Altenergy order does not itself specify prejudice, so I flag the "with prejudice" characterization as resting on the case summary rather than a retrieved copy of the order.

Strategic significance: This ruling effectively gutted the '133 half of the case and became the template CyboEnergy's other targets (Hoymiles, etc.) used to attack the same pleading deficiencies. It also strongly implied that the surviving case would be litigated almost entirely on the '489 patent — which is exactly what the subsequent claim-construction record shows.

Source: CyboEnergy, Inc. v. Hoymiles Power Elecs. USA, Inc., No. 2:23-cv-00311-JRG, 2024 WL 1219725 (E.D. Tex. Mar. 20, 2024) (citing and quoting Altenergy), https://law.justia.com/cases/federal/district-courts/texas/txedce/2:2023cv00311/[223357](/patent/223357)/25/.

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3. Claim construction (Markman) — referral 2023-10-10; decision 2023-12-20

• 2023-10-10 — Case referred to Magistrate Judge Derek T. Gilliland for claim construction.
• 2023-12-20 — Claim construction decision filed (Dkt. 44, 30 pages). Captioned in the PTAB record as Exhibit 1010, "Claim Construction Decision."
• Scope: All construed terms appeared in claim 14 of the '489 patent — confirming that, post-dismissal, the '489 was the live patent. The court expressly noted the '133 and '489 were both asserted but "will focus its discussion on the '489 Patent."
• Terms construed (claim 14 of the '489):
  1. "DC power combiner . . . for combining DC output from all DC-DC boost converters"
  2. "constructed to run the power inverter in normal or low power mode based on calculated DC input power"
  3. "configured to take DC power from a dedicated input channel and its connected solar panel"
  4. "microcontroller . . . arranged to measure input voltage and current to calculate DC input power for each channel"
• Outcome: Plain and ordinary meaning for all terms. The court applied Phillips v. AWH, 415 F.3d 1303 (Fed. Cir. 2005) (en banc), and held neither exception to plain meaning (lexicography or disavowal under Thorner v. Sony, 669 F.3d 1362 (Fed. Cir. 2012)) applied. It rejected Altenergy's narrowing constructions, which would have imported limitations from the specification/figures. On indefiniteness, the court applied the presumption against § 112 ¶ 6 for terms lacking the word "means" and found the surrounding claim language supplied adequate structural context (citing Hill-Rom Servs. v. Stryker, 755 F.3d 1367 (Fed. Cir. 2014); Azure Networks v. CSR, 771 F.3d 1336 (Fed. Cir. 2014)).
• Procedural character: The referral-and-recommendation structure suggests this issued as a magistrate judge's decision/R&R for Judge Cardone's adoption. I could not retrieve the order adopting it, so treat the "finality" of the construction as unconfirmed at the district-judge level.

Strategic significance: CyboEnergy won the claim-construction battle on its own terms — broad, plain-meaning constructions of the '489 claim 14 terms. That victory raised the stakes on validity, which is presumably why APsystems went to the PTAB nine days later.

Sources: Dkt. 44 (filed 12/20/23), reproduced as IPR2024-00360 Ex. 1010, https://www.docketalarm.com/cases/PTAB/IPR2024-00360/Altenergy_Power_System_USA__Inc/docs/12-22-2023-Petitioner/Exhibit-1010-Claim_Construction_Decision.pdf; summary at https://www.studicata.com/summaries/united-states-district-court-western-district-of-texas/cyboenergy-inc-v-altenergy-power-sys-united-states-2023-bz3y1h/.

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4. Parallel PTAB IPRs — filed 2023-12-26; terminated pre-institution 2024-05-09

APsystems filed two inter partes review petitions on the same day, one per asserted patent:

• Petitioner counsel: Michael J. Curley and Johanna M. Wilbert, Quarles & Brady LLP. Patent Owner counsel: DLA Piper (Reston, VA) and Ramey LLP.
• 2024-01-22 — IPR2024-00362: Board issued a Notice of Accepting Corrected Petition (Paper 5), curing a filing defect.
• 2024-04-17 — IPR2024-00362: Petitioner filed an Unopposed Motion to Dismiss and Terminate (Paper 8).
• 2024-05-09 — IPR2024-00362 (and, on the showing available, the companion '489 IPR): Termination Decision, pre-institution, due to settlement (Paper 10, "Termination Decision: Pre-DI settlement").

Effect on the litigation: Because both IPRs terminated before institution, the Board never reached the merits, never construed the claims, and never issued a final written decision. There is accordingly no PTAB invalidity ruling on either patent from this dispute. The Board's termination-on-settlement decisions are the strongest available signal that the parties resolved the dispute globally in the spring of 2024. I found no evidence of a motion to stay the district court case pending IPR — consistent with the IPRs dying pre-institution.

Sources: Docket Alarm PTAB pages for IPR2024-00362 (https://www.docketalarm.com/cases/PTAB/IPR2024-00362/) and IPR2024-00360; Patexia IPR2024-00362 document list (https://services.patexia.com/lawsuits/Altenergy-Power-System-USA-Inc-v-Smith-JamesS-id-[195548](/patent/195548)/documents/); USPTO PTACTS Notice of Accepting Corrected Petition (https://www.docketalarm.com/cases/PTAB/IPR2024-00362/Altenergy_Power_System_USA_Inc/docs/01-22-2024-Board/Notice__acceptance_corrected_petition-5-Notice__acceptance_corrected_petition.pdf).

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5. Discovery milestones

I could not retrieve a scheduling order, infringement/invalidity contentions, IPR-stipulation, or expert-discovery milestones from the available docket mirrors. The structural inference from what is confirmed:

• Discovery was essentially claim-construction-phase only. The claim-construction decision issued 2023-12-20, roughly 14 months after filing, and the case resolved roughly five months later — before any trial-setting order, and without a merits IPR.
• The defense's invalidity work went into the PTAB petitions (Kezunovic declaration plus six prior-art references), not into a district-court invalidity case that ran to trial.
• Because the IPR termination decisions are dated 2024-05-09 and identify "settlement" as the reason, fact and expert discovery most likely never ran to completion.

I flag these as reasonable inferences, not documented events.

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6. Trial, verdict, post-trial motions

None. There is no record of trial, verdict, JMOL, new-trial, or § 285 fee motion in this case. The case never reached trial; it appears to have resolved by settlement before the district court set a trial date.

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7. Final disposition / present posture

The district court's final disposition is not confirmed from the sources I could retrieve. The public docket mirrors are stale or incomplete, and the case metadata records the status as "partial dismissal; claim construction; status unconfirmed."

What the record does support:

1. The '133 patent claims were dismissed (per the case summary, with prejudice) on 2023-09-13.
2. The '489 patent survived and went through claim construction on 2023-12-20, with CyboEnergy prevailing on plain-meaning constructions of claim 14.
3. Both IPRs terminated pre-institution on 2024-05-09 for settlement, which, absent contrary evidence, implies a global resolution of the litigation in or around April–May 2024, likely with a dismissal or consent judgment in the district court.

Present posture: Effectively closed by settlement (subject to confirmation of the sealing/dismissal entry), with the '489 patent's validity not adjudicated by either the court or the Board, and the '133 patent claims dismissed at the pleading stage. No appeal to the Federal Circuit is reflected in any source I found.

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8. Related/parallel litigation — important context

This case is one campaign in a broad CyboEnergy assertion program over the same two patents. Unified Patents characterizes CyboEnergy as an NPE and lists prior/parallel assertions against Sensata Technologies, Northern Electric Power Technology, Aptos Solar Tech, Altenergy Power Systems, Hoymiles Power, Duracell, and Yotta Energy. Confirmed follow-on/related suits include:

• CyboEnergy v. Sensata — filed 2021-10-15 (the prior-knowledge anchor in the Altenergy complaint).
• CyboEnergy v. Hoymiles Power Elecs. USA, No. 2:23-cv-00311-JRG (E.D. Tex., filed 2023-06-27). The court's 2024-03-20 opinion (2024 WL 1219725) relied on and quoted Altenergy in dismissing (without prejudice, with leave to amend) the '133 direct-infringement claim, pre-suit indirect infringement, and pre-suit willfulness.
• CyboEnergy v. Home Depot USA, filed 2024-12-06 (W.D. Tex., Midland/Odessa) — asserting the '133 and '488 (a sibling patent) patents.
• CyboEnergy v. Deye Ess Technology USA / Ningbo Deye Inverter, No. 2:25-cv-07964 (C.D. Cal., filed 2025-08-22).

Why this matters: The Altenergy 2023-09-13 order became the leading citation that other defendants used to defeat CyboEnergy's '133 system/method claims at the pleadings stage — a durable adverse precedent that outlived the case itself.

Sources: Unified Patents Patroll listing (https://patroll.unifiedpatents.com/contests/qMbpWma4WD5FCwjsq); Hoymiles opinion (https://www.courtlistener.com/opinion/[9980519](/patent/9980519)/cyboenergy-inc-v-hoymiles-power-electronics-usa-inc/); Patexia related-cases page (https://services.patexia.com/lawsuits/CyboEnergy-Inc-v-Deye-Ess-Technology-USA-et-al-id-[214322](/patent/214322)/cases).

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9. Bottom-line chronology

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Confidence ledger

• High confidence (directly sourced): filing date/parties/patents; the 2023-09-13 dismissal and its stated reasoning (quoted in Hoymiles); the 2023-12-20 claim-construction decision and plain-meaning outcome; the two IPR numbers, filings, and 2024-05-09 pre-institution settlement terminations; plaintiff/defense counsel; the related-litigation landscape.
• Medium confidence (metadata/secondary summary): the "with prejudice" characterization of the '133 dismissal; that the Dec. 20, 2023 construction was adopted by the district judge.
• Low confidence / unsourced: APsystems' answer and counterclaims; specific discovery milestones; any stay or transfer motion (none found); the precise district-court dismissal/settlement entry. I recommend pulling the W.D. Tex. docket directly via PACER for docket entries after Dkt. 44 (Dec. 2023) to confirm the final disposition and whether the '133 dismissal was with or without prejudice.

I'll research the counsel of record for CyboEnergy in this case.

I have preliminary leads. Let me verify the docket entry and the complaint signature block.

Let me check the CourtListener docket and the complaint signature block directly.

Bottom line

CyboEnergy, Inc. (the sole plaintiff) is represented in this case by the Ramey LLP firm of Houston, Texas. Two attorneys are reflected as plaintiff's counsel on the PACER docket for No. 6:22-cv-01136: William P. Ramey, III (lead) and Jeffrey Eugene Kubiak. I found no evidence of separate local counsel, outside counsel, or in-house counsel appearing on the docket.

⚠️ Sourcing caveat up front: the free docket mirrors (UniCourt, Docket Alarm, CourtListener/RECAP) all flag this docket as incomplete/stale (the UniCourt snapshot for this case was last updated 12/27/2022). The attorney list below comes from that PACER-derived snapshot plus the firm's own announcement and filings in related CyboEnergy matters. I could not pull the live PACER docket sheet, so I cannot rule out later appearances, withdrawals, or substitutions (e.g., after the 9/13/2023 dismissal of the '133 claims).

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Counsel of record for Plaintiff CyboEnergy, Inc.

1. William P. Ramey, III — Lead counsel (effectively counsel of record)

(also appears in some filings/firm materials as "Guillermo P. Ramey III" — same attorney; "William" is the form used on the docket and in his USPTO/State Bar registrations)

• Firm / office: Ramey LLP, Managing Partner — 5020 Montrose Blvd., Suite 800, Houston, TX 77006 (ph. 713-426-3923).
• Docket footprint here: Every substantive filing in this case (Dkt. 1 complaint, 2 AO-120 notice, 3 summons request, 4 certificate of interested parties, 5 notice of related cases) is docketed as filed by "(Ramey, William)" — i.e., he is the attorney who actually opened and litigated the case. The complaint and jury demand bear his signature as "Attorney for Plaintiff." (UniCourt docket snapshot; complaint PDF)
• Relevant experience: Texas-barred and USPTO-registered patent attorney; founding/managing partner of Ramey LLP, a Houston IP boutique whose practice is heavily concentrated in plaintiff-side patent infringement suits filed in volume across W.D. Tex., N.D. Cal., C.D. Cal., and D. Del. CyboEnergy is a repeat Ramey client — the firm has filed a series of CyboEnergy suits against solar-microinverter defendants (Aptos Solar, Northern Electric Power, Hoymiles, Sensata, Duracell Power Center, Home Depot, Yotta Energy, Deye, Generac). Ramey was lead attorney for CyboEnergy in CyboEnergy, Inc. v. N. Elec. Power Tech., Inc., No. 3:21-cv-08534 (N.D. Cal.).
• 💡 Notable adverse finding (worth flagging): Ramey was sanctioned $45,264 in Koji IP, LLC v. Renesas Electronics America, Inc., No. 24-cv-03089-PHK, 2025 WL 917110 (N.D. Cal. Mar. 26, 2025), where Magistrate Judge Kang found unauthorized practice of law and misconduct in pro hac vice applications, citing (among ~56 cases) his practice of signing pleadings "pro hac vice anticipated." Judge Kang's order is here. Ramey has separately been the subject of OSC/pro hac proceedings in other N.D. Cal. cases (e.g., No. 25-cv-01842-LJC). This is a recurring theme in the firm's dockets, so it's relevant background if the case is still live.

2. Jeffrey Eugene Kubiak — Second-chair / co-counsel of record

• Firm / office: Ramey LLP, Houston, TX (5020 Montrose Blvd., Suite 800; ph. 713-294-2956). In some older matters he appears dually as The Kubiak Law Firm, PLLC (Houston).
• Docket footprint here: Listed on the PACER attorney-of-record detail for this case as a Plaintiff Attorney alongside Ramey (UniCourt). Consistent with the firm's pattern, his name typically appears in the complaint signature block as an "Attorney for Plaintiff" (often with Texas bar number and the "pro hac vice anticipated" notation the courts have criticized).
• Relevant experience: Texas-barred and USPTO-registered; appears as plaintiff's counsel on dozens of Ramey LLP patent complaints in W.D. Tex. and elsewhere (e.g., VDPP, LLC v. Philips N. Am. LLC, 7:23-cv-00177; Random Chat, LLC v. Gartner, Inc., 7:24-cv-00239; Cloud Systems HoldCo IP, LLC v. Google LLC, 7:23-cv-00172; Graziano LEP IP, LLC v. Wayfair, W.D. Tex.; Safe IP LLC v. Turnitin Holdings, 6:22-cv-00684). In several of these he is docketed as LEAD ATTORNEY (e.g., Random Chat). He was also named in the Koji IP OSC/sanctions proceedings regarding pro hac vice practice in California and in W.D. Tex.

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What I could not confirm

• No local counsel: W.D. Tex. permits a party to proceed through a Texas-barred attorney, and both Ramey and Kubiak are members of the State Bar of Texas, so no separate local-counsel appearance would be expected. I found none.
• No in-house counsel: No CyboEnergy in-house/GC attorney appears on the docket detail; CyboEnergy (the patent owner of record via assignment from inventors George Shu-Xing Cheng and James S. Smith) appears to rely entirely on outside counsel.
• No evidence any of these entries were sealed — the counsel identification comes from the public docket text and the publicly posted complaint, not from sealed material.
• Post-2022 docket activity: Because the public mirrors are incomplete, I can't verify whether counsel changed between the September 2023 '133 dismissal and the subsequent claim-construction proceedings (Magistrate Judge Derek T. Gilliland referral, Oct. 10, 2023; claim construction/report at ECF No. 44, Dec. 20, 2023). If you need certainty on who was actively appearing in 2023–2024, the live PACER docket for 6:22-cv-01136-KC and the ECF 44 signature block are the authoritative sources to pull.

One cross-check worth noting: the same counsel (Ramey/Kubiak) represented CyboEnergy against Hoymiles over the same two patents in E.D. Tex., No. 2:23-cv-00311, where the court relied on the Altenergy dismissal order — so the Ramey firm has been the constant plaintiff's counsel across the entire CyboEnergy '133/'489 enforcement campaign.

I'll research the counsel of record for the defendant in this case.

Let me pull the docket and defense counsel details.

The defendant filed an IPR (IPR2024-00360). Let me find the defense counsel through the IPR filings and the docket.

I was able to confirm the case posture and plaintiff-side counsel, but I hit a hard limit before I could retrieve the names of the defendant's counsel of record. Per the operating rules, I will not invent attorneys to fill that gap. Here is what is and is not verified.

Bottom line

I could not verify the names of Altenergy Power System USA, Inc.'s counsel of record in 6:22-cv-01136 from the sources I was able to retrieve. The defendant was clearly and actively represented (it obtained dismissal of the '133 claims and filed an IPR against the '489 patent), but my searches did not surface the defense appearance entries, firm, or individual attorneys. Treat the defense roster as unconfirmed rather than assume anyone.

What is verified

Defendant: Altenergy Power System USA, Inc. ("APsystems"), a Washington corporation with a stated Austin, TX place of business (8701 N. Mopac Expy, Ste. 160) and a registered agent in Bainbridge Island, WA.¹

Signs of active defense representation (counsel exists, names not captured):

• Defendant moved to dismiss the '133 patent claims under Rule 12(b)(6); the court granted dismissal, CyboEnergy, Inc. v. Altenergy Power Sys. USA, Inc., No. WA-22-CV-1136-KC, 2023 WL 5968000 (W.D. Tex. Sept. 13, 2023) — i.e., the '133 allegations were dismissed with prejudice per the existing case summary.²
• The court later issued a claim construction decision on the '489 patent, Dkt. 44 (Dec. 20, 2023), addressing four claim 14 terms (e.g., "DC power combiner," "constructed to run the power inverter in normal or low power mode…") and applying plain-and-ordinary meaning under Phillips.³
• Defendant petitioned for inter partes review of the '489 patent — IPR2024-00360 (petition filed Dec. 22, 2023; the district court's Dkt. 44 claim construction decision was submitted as Exhibit 1010 to that petition).⁴ The IPR petitioner's counsel is typically the same team as district-court defense counsel, but I did not retrieve those names.

Plaintiff-side attorneys (for contrast / completeness):

• William P. Ramey, III — Ramey LLP, Houston, TX; Managing Partner; lead/signing counsel on the complaint (Tex. Bar No. 24027643).⁵
• Jeffrey Eugene Kubiak — Ramey LLP; listed as additional plaintiff attorney of record.⁶
• (If the Yotta Energy case arose from the same firm, Ramey LLP also filed that one on CyboEnergy's behalf.)⁷

How to close the gap (specific next steps)

The defense names are almost certainly on these sources, which I was unable to open before hitting my tool limit:

1. PACER / CM-ECF docket for 6:22-cv-01136-KC (W.D. Tex.) — look for the initial appearance / Rule 83 pro hac vice motions and the Rule 12(b)(6) motion signature block (the dismissal papers).
2. PTAB P-TACTS docket for IPR2024-00360 — "Petitioner" counsel designations ("Lead counsel" / "Back-up counsel") with firm addresses. The docket-alarm mirror is at docketalarm.com/cases/PTAB/IPR2024-00360/Altenergy_Power_System_USA__Inc/.
3. The Dkt. 44 claim construction opinion's caption/signature blocks (available via Docket Alarm) — the defense firm's name will appear in the filed briefs underlying the construction.

Caveat

If any defense filings are sealed or if counsel entered only via pro hac vice in a manner not reflected in the incomplete third-party dockets I could see (Docket Alarm explicitly flags this docket as "incomplete"), the roster may not be fully captured even on those sources. I have flagged the defense team as not verified rather than listing guesses.

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Sources

1. Plaintiff's Original Complaint, CyboEnergy v. Altenergy Power System USA, No. 6:22-cv-01136 (W.D. Tex. filed Oct. 28, 2022) (via lawlytics CDN mirror).
2. CyboEnergy, Inc. v. Altenergy Power Sys. USA, Inc., No. WA-22-CV-1136-KC, 2023 WL 5968000 (W.D. Tex. Sept. 13, 2023), cited in E.D. Tex. Case No. 2:23-cv-00311-JRG, Dkt. 25 (Mar. 20, 2024).
3. W.D. Tex. Case No. 6:22-cv-01136-KC, Dkt. 44 (Dec. 20, 2023) (claim construction decision), via Docket Alarm.
4. PTAB IPR2024-00360, Altenergy Power System USA, Inc. (petition filed Dec. 22, 2023) (Ex. 1010 = district court Dkt. 44).
5. Complaint signature block (Ramey LLP, Houston).
6. UniCourt docket summary, CyboEnergy v. Altenergy Power System USA, 6:22-CV-01136 (listing plaintiff attorneys Jeffrey E. Kubiak and William P. Ramey, III).
7. Ramey LLP firm site (announcements of CyboEnergy filings), rameyfirm.com.