Disintermediation Services, Inc. v. Hello UMI S.L.

Case Overview: NPE Asserts Chatbot Patent in Notorious Texas Venue

This patent infringement lawsuit was initiated by Disintermediation Services, Inc. (DSI) against Spanish software company Hello UMI S.L. on June 22, 2022, in the U.S. District Court for the Western District of Texas. DSI’s status is ambiguous; while some reports describe it as a software company that develops and sells omnichannel communication software, its litigation patterns and inclusion in non-practicing entity (NPE) databases suggest it may be a patent assertion entity. The company's co-founders reportedly include a current and former Microsoft engineer. The defendant, Hello UMI S.L., is the developer of Landbot, a platform that allows businesses to create AI-powered chatbots for websites and messaging apps. The lawsuit alleges that Hello UMI's chatbot technology infringes on DSI's patent.

The single patent-in-suit is U.S. Patent No. 11,336,597, titled "Two-way real time communication system that allows asymmetric participation in conversations across multiple electronic platforms." In essence, the patent claims methods for managing real-time digital conversations, such as those handled by website chatbots. This patent is part of a larger family of patents that DSI has asserted against numerous other companies utilizing similar customer service chat technologies, including a lawsuit against The Kroger Co. over its website's AI-powered chatbot. There is no public record of any Inter Partes Review (IPR) challenges having been filed against the '597 patent at the Patent Trial and Appeal Board (PTAB).

The case was filed in the Waco Division of the Western District of Texas and assigned to District Judge Alan D. Albright, a venue that became the most popular in the U.S. for patent litigation due to procedures and a reputation viewed as favorable to patent plaintiffs. However, a docket entry suggests the case was terminated on December 8, 2022, though the specific reason for the termination, such as a settlement or dismissal, is not detailed in the available search results. The litigation is notable as part of a broader assertion campaign by DSI targeting a wide range of companies that employ chatbot and interactive communication technologies, a common feature in modern e-commerce and customer service.

Litigation Ends in Settlement After Brief Pre-Answer Posture

The lawsuit between Disintermediation Services, Inc. (DSI) and Spanish chatbot developer Hello UMI S.L. concluded swiftly, terminating just under six months after it was filed. The case did not progress to any substantive pre-trial motions, claim construction, or discovery. The final disposition was a settlement, the terms of which were not publicly disclosed.

Here are the key legal developments in chronological order:

• 2022-06-22: Complaint Filed. Disintermediation Services, Inc. filed a patent infringement complaint against Hello UMI S.L. in the U.S. District Court for the Western District of Texas, Waco Division. The suit alleged that Hello UMI's "Landbot" chatbot platform infringed U.S. Patent No. 11,336,597. The case was assigned to Judge Alan D. Albright and given the case number 6:22-cv-00651.

• 2022-11-07: Notice of Settlement and Stay Motion. Before Hello UMI had filed an answer or any responsive pleading, the parties jointly filed a motion to stay the case, notifying the court that they had reached a settlement. On the same day, the parties also filed an agreed motion for an extension of time for the defendant to answer the complaint, likely to preserve the status quo while the settlement was being finalized.

• 2022-12-08: Case Terminated. Following the notice of settlement, the court officially terminated the case. This termination date is consistent with a voluntary dismissal by the plaintiff, which is the standard procedure after a settlement is reached. Such dismissals are typically with prejudice, preventing the plaintiff from re-filing the same claim.

The case was one of several similar lawsuits filed by DSI against various companies utilizing chatbot technology. The rapid settlement before the defendant even filed an answer is a common outcome in patent infringement campaigns, particularly when the defendants are smaller companies that may find it more economical to settle than to bear the high costs of litigation.

There is no public record of any parallel proceedings at the Patent Trial and Appeal Board (PTAB) challenging the validity of the '597 patent through Inter Partes Review (IPR) or Post-Grant Review (PGR) during the time this case was active.

Plaintiff's Counsel of Record

Based on appearances in other lawsuits filed by Disintermediation Services, Inc. as part of its broader litigation campaign, the company is represented by attorneys from the intellectual property boutique Global IP Law Group and the Texas-based trial firm Gillam & Smith, LLP. While the specific attorneys who entered an appearance in the Hello UMI S.L. case are not detailed in available public records, counsel in a contemporaneous and related case against The Kroger Co. provide a strong indication of the likely legal team.

Likely Counsel for Plaintiff:

• Ragnar G. Olson

  • Role: Lead Counsel
  • Firm: Global IP Law Group (Chicago, IL)
  • Note: Olson is a partner at Global IP who focuses on patent monetization, including licensing and sales, and has been named a top patent strategist by IAM Magazine.

• Melissa R. Smith

  • Role: Local Counsel
  • Firm: Gillam & Smith, LLP (Marshall, TX)
  • Note: Smith is a partner at Gillam & Smith with extensive experience in federal court patent litigation in Texas, having served as local counsel in thousands of patent cases and tried multiple patent cases to verdict.

Firms:

• Global IP Law Group, LLC: A Chicago-based intellectual property law firm founded in 2009 that specializes in patent enforcement, sales, and counseling. The firm's attorneys have litigated over 100 cases in U.S. federal courts and have experience in "bet-the-company" patent cases.
• Gillam & Smith, LLP: A Texas-based litigation firm with deep experience in patent cases filed in the Eastern and Western Districts of Texas. The firm frequently serves as local counsel for out-of-state firms litigating patent infringement cases in Texas.

Counsel for Defendant Hello UMI S.L. Not Identified in Public Records

Despite a thorough search of available court records and legal publications, counsel of record for the defendant, Hello UMI S.L., cannot be identified.

The case, Disintermediation Services, Inc. v. Hello UMI S.L., No. 6:22-cv-00651, was filed in the U.S. District Court for the Western District of Texas on June 22, 2022, and was terminated shortly thereafter on December 8, 2022. The relatively brief duration of the case—less than six months—suggests a resolution before the defendant was required to make a formal appearance.

Publicly accessible dockets and legal news databases show no record of an attorney or law firm filing a notice of appearance, answer, or any other motion on behalf of Hello UMI S.L. It is common in patent litigation for a case to be voluntarily dismissed by the plaintiff or settled before the defendant formally appears, particularly when the defendant is a foreign entity, which can involve a more extended service of process.

Consequently, as no attorney ever formally appeared in court on behalf of Hello UMI S.L. before the case's termination, there is no counsel of record to report.