Disintermediation Services, Inc. v. Perq Software, LLC

Case Background: AI-Driven Marketing Tech at Center of Patent Dispute

Indianapolis, IN – A patent infringement lawsuit filed in the U.S. District Court for the Southern District of Indiana pits a software development company, Disintermediation Services, Inc. (DSI), against Perq Software, LLC, a provider of AI-powered marketing and leasing automation tools for the multifamily housing industry. Filed on March 21, 2023, the complaint alleges that Perq's technology, which helps property managers convert website traffic and automate engagement with prospective tenants, infringes on two of DSI's patents related to real-time online communication systems. The case highlights the increasing patent litigation in the software and AI sectors, particularly around technologies that automate and personalize customer interactions.

The plaintiff, Disintermediation Services, Inc., appears to be an operating company that develops and sells software for omnichannel communications. While some sources track its litigation history, suggesting it has asserted its patents against other companies, there is insufficient information to definitively classify it as a non-practicing entity (NPE) or patent assertion entity (PAE). The defendant, Perq Software, LLC, is an operating company founded in 2008 that provides a marketing automation platform for the multifamily housing industry. Perq's accused services include an AI-powered leasing assistant and various website tools designed to engage visitors, nurture leads, and automate the journey from initial website visit to a signed lease. The core of the dispute centers on the allegation that Perq's software platform uses patented methods for managing online conversations and presenting targeted content to users.

The two patents asserted by DSI are U.S. Patent No. 11,349,787 and U.S. Patent No. 11,418,466, both titled “Two-way real time communication system that allows asymmetric participation in conversations across multiple electronic platforms.” In essence, the patents describe systems and methods for seamlessly managing a conversation between a website user and various "responders" across different electronic platforms, including transferring the conversation between responders. DSI claims its inventions are fundamental to modern omnichannel communication and have been cited in patent applications by major tech companies like Microsoft, IBM, and Sony.

The case is pending in the Indianapolis Division of the Southern District of Indiana and has been assigned to Senior U.S. District Judge Jane Magnus-Stinson. This venue is not traditionally known as a patent litigation hotspot like the Western District of Texas or the District of Delaware, but it handles a steady docket of intellectual property cases. The court has specific local patent rules and a model case management plan designed to handle the complexities of such litigation. The case is notable for its focus on AI-driven customer engagement technology, a rapidly growing and competitive field. The outcome could impact how software companies in the marketing and real estate tech sectors approach the development and deployment of conversational AI and lead nurturing platforms. The litigation also reflects a broader trend of software companies using their patent portfolios to assert rights against competitors in niche but valuable markets.

Litigation Timeline and Key Developments

As of May 4, 2026, the patent infringement lawsuit between Disintermediation Services, Inc. (DSI) and Perq Software, LLC remains in its early stages in the U.S. District Court for the Southern District of Indiana. Publicly available information and docket records show initial proceedings have commenced, but there have been no substantive rulings on the merits of the case, nor have there been any parallel challenges filed at the Patent Trial and Appeal Board (PTAB).

Chronological Case Developments:

• 2023-03-21: Complaint Filed. Disintermediation Services, Inc. filed a patent infringement complaint against Perq Software, LLC. The lawsuit alleges that Perq's AI-powered leasing assistant and website conversion tools infringe upon U.S. Patent Nos. 11,349,787 and 11,418,466. DSI is seeking damages, attorney fees, and a compulsory ongoing license fee. The case was initially assigned to Chief Judge Tanya Walton Pratt and Magistrate Judge Kellie M. Barr. It was later assigned to Senior Judge Jane Magnus-Stinson.

• Initial Pleadings and Motions: Following the complaint, the next typical step is for the defendant to file an answer, which may include counterclaims (such as for non-infringement or patent invalidity), or to file a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Searches for such filings do not yet yield specific documents or dates for Perq's response. Cases of this nature often see preliminary motions challenging the sufficiency of the infringement allegations or arguing that the patents claim ineligible subject matter under 35 U.S.C. § 101. However, no such rulings have been reported in this case.

• Parallel PTAB Proceedings: A thorough search of the USPTO's PTAB database reveals no inter partes review (IPR) or post-grant review (PGR) petitions filed by Perq Software or any related entities challenging the validity of the '787 or '466 patents. Such a filing would be a significant development, often leading the defendant to file a motion to stay the district court litigation pending the PTAB's decision. The absence of a PTAB challenge to date suggests Perq may be focusing its defense strategy within the district court.

• Current Status (as of May 2026): The case is pending. The parties are likely in the discovery phase, exchanging information and documents relevant to the claims of infringement and the patents' validity. Key upcoming milestones would include the exchange of infringement and invalidity contentions, fact and expert discovery deadlines, and eventually a claim construction (Markman) hearing, where the court would rule on the meaning of disputed patent claim terms. There is no public record of a settlement or dismissal, and the case continues to move forward in the Southern District of Indiana.

Plaintiff's Counsel of Record Identified

Analysis of the court docket for Disintermediation Services, Inc. reveals that a single attorney has formally appeared on behalf of the plaintiff since the case was initiated. It should be noted that while the case metadata for this analysis provided the case number 1:23-cv-00521, docket search results and legal reporting indicate the correct case number is 1:22-cv-02280, filed November 28, 2022.

Based on the notice of appearance filed in the U.S. District Court for the Southern District of Indiana, the counsel for plaintiff Disintermediation Services, Inc. is as follows:

• Name: Sean Joseph Quinn
  • Role: Lead Counsel
  • Firm: Gozdecki, Del Giudice, Americus, Farkas & Brocato LLP (Chicago, IL)
  • Noteworthy Experience: Mr. Quinn concentrates his practice on complex commercial litigation, including intellectual property disputes, and has handled litigation involving trademark, trade dress, copyright, and unfair competition claims. He is noted as frequently appearing in federal courts in Indiana for intellectual property infringement litigation.

The docket available for public review shows Sean Joseph Quinn as the sole attorney of record for the plaintiff as of early 2023. It is possible that additional counsel have since filed notices of appearance. No in-house counsel or other firms are listed on the initial complaint or subsequent early filings.

Counsel for Defendant Perq Software, LLC

Defendant Perq Software, LLC has retained the intellectual property litigation group of Faegre Drinker Biddle & Reath LLP. Attorneys from the firm's Indianapolis office have appeared in the case.

Based on available court filings and the firm's information, the following attorneys represent the defendant:

• R. Trevor Carter - Lead Counsel

  • Firm: Faegre Drinker Biddle & Reath LLP, Indianapolis, IN.
  • Note: A partner in the firm's intellectual property group, Carter has over two decades of experience litigating complex patent cases in federal courts nationwide, including the Southern District of Indiana, and before the Patent Trial and Appeal Board (PTAB).

• Mya L. Zajakowski - Of Counsel

  • Firm: Faegre Drinker Biddle & Reath LLP, Indianapolis, IN.
  • Note: Zajakowski is an associate in the firm's intellectual property group, focusing on patent and trademark litigation, who has been involved in the case since its initial response.

This legal team's appearance was formally entered shortly after the complaint was filed in early 2023. Their experience, particularly Mr. Carter's extensive background in patent disputes and PTAB proceedings, suggests that Perq Software is preparing a robust defense against the infringement claims brought by Disintermediation Services, Inc. While other attorneys from Faegre Drinker may be involved, Carter and Zajakowski are the counsel of record who have made appearances according to the case docket. No in-house counsel for Perq Software has formally appeared on the docket.