Litigation
Express Mobile, Inc. v. GoDaddy.com, LLC
Judgment; appealed1:19-cv-01937
- Filed
- 2019
Patents at issue (1)
Plaintiffs (1)
Defendants (1)
Summary
Express Mobile, Inc. sued GoDaddy.com, LLC, where asserted claims of the '755 family went to trial, resulting in a jury verdict of noninfringement. The district court denied Express's post-judgment requests, leading to an appeal to the Federal Circuit (Case No. 23-2265).
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
Express Mobile, Inc. initiated patent infringement litigation against GoDaddy.com, LLC, a major web hosting and domain registration company known for its website-building tools. Express Mobile, a company founded by former IBM engineer Steven Rempell, asserts "foundational" patents related to web design and mobile technology and engages in patent monetization efforts, indicating its role as a patent assertion entity (PAE) or non-practicing entity (NPE). The litigation centers on GoDaddy's website-building tools, specifically its Managed WordPress (MWP) and Website Builder (WSB) platforms, which Express Mobile alleges infringe its intellectual property.
The primary patent at issue, as listed, is U.S. Patent No. 9,063,755, which broadly describes systems and methods for displaying website information, integrating widgets, and programming, particularly for mobile devices, including generating and distributing platform-independent applications with a WYSIWYG authoring environment. Express Mobile originally asserted claims from the '755 patent family, along with patents from the '397 family (U.S. Patent Nos. 6,546,397 and 7,594,168), against GoDaddy. The case was filed in the U.S. District Court for the District of Delaware (Case No. 1:19-cv-01937) before Judge Maryellen F. Kelleher. Delaware is a prominent venue for patent litigation, largely due to the Supreme Court's TC Heartland decision, which often restricts patent suits to a defendant's state of incorporation, a common choice for many businesses.
Procedurally, claims of the '755 family went to trial, resulting in a jury verdict of non-infringement against GoDaddy, which the district court upheld and the Federal Circuit subsequently affirmed on appeal (Case No. 23-2265). The case is notable for Express Mobile's pattern of asserting foundational web technology patents against major tech firms, having also sued entities like Facebook, Google, and Shopify, and for its interplay with PTAB proceedings. While the '755 family's non-infringement verdict was affirmed, a separate, more recent development saw a jury award Express Mobile $170 million against GoDaddy for infringement of the related '397 family patents after the Federal Circuit vacated an earlier summary judgment of non-infringement regarding those patents. This split outcome underscores the complexities of multi-patent litigation and has drawn attention as an example of patent risk management in the post-Halo era.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Express Mobile, Inc. v. GoDaddy.com, LLC has seen significant legal developments since its filing in 2019, culminating in a complex appellate and post-trial posture involving two separate jury trials.
Key Legal Developments and Outcome:
1. Filing & Initial Pleadings (2019)
- Complaint Filed: Express Mobile, Inc. initiated the lawsuit against GoDaddy.com, LLC on October 11, 2019, in the District of Delaware (Case No. 1:19-cv-01937).
- Patents Asserted: The complaint initially alleged infringement of five patents belonging to two families: U.S. Patent Nos. 6,546,397 and 7,594,168 (the '397 patent family, relating to website building systems), and U.S. Patent Nos. 9,063,755, 9,471,287, and 9,928,044 (the '755 patent family, relating to displaying website information and integrating widgets, especially on mobile devices).
- Accused Products: Express Mobile accused GoDaddy's Website Builder (WSB) and Managed WordPress (MWP) products of infringement.
2. Claim Construction (Markman) Outcomes (2021-2022)
- Markman Hearing: The court held a Markman hearing on April 8, 2021.
- First Claim Construction Order: On June 1, 2021, the District Court issued an order construing multiple disputed claim terms.
- Second Claim Construction Order: The court construed two more claim terms, "virtual machine" and "Player," in August 2022, as part of its summary judgment opinion.
3. Pre-trial Motions of Substance (2021-2022)
- Summary Judgment Motions: On November 17, 2021, both parties filed combined summary judgment and Daubert motions.
- Summary Judgment Granted (for '397 family): Based on the court's construction of the term "runtime engine" in the '397 patent family (requiring it to "read information from the database"), the District Court granted GoDaddy's motion for summary judgment of non-infringement for the '397 patent family on August 8, 2022.
- Motions to Strike: The court also addressed motions to strike expert declarations, finding GoDaddy's delayed disclosure of engineer declarations not substantially justified in an August 17, 2022, filing.
4. Trial Events, Verdict & Post-Trial Motions (2023-2026)
- First Jury Trial ('755 Family): A jury trial on the asserted claims of the '755 patent family took place from February 27, 2023, to March 3, 2023.
- Verdict ('755 Family): The jury found that GoDaddy did not infringe any of the asserted claims of the '755 patent family (U.S. Patent Nos. 9,063,755, 9,471,287, and 9,928,044) but found the patents to be valid. No damages were awarded due to the non-infringement finding.
- Denial of Post-Trial Motions ('755 Family): Express Mobile's renewed motion for judgment as a matter of law (JMOL) or a new trial was denied by the District Court on July 5, 2023.
- Second Jury Trial ('397 Family): Following the Federal Circuit's remand, a second jury trial for the '397 and '168 patents occurred in early November 2025.
- Verdict ('397 Family): The jury found in favor of Express Mobile on infringement, willfulness, and validity, awarding Express Mobile $170 million in damages.
- Post-Trial Motions ('397 Family): GoDaddy filed renewed motions for JMOL and a new trial. Express Mobile moved for prejudgment interest, enhanced damages, and post-judgment interest.
- Rulings on Post-Trial Motions ('397 Family): On May 14, 2026, the District Court:
- Granted GoDaddy's motion for JMOL regarding the willfulness finding.
- Denied GoDaddy's motion for JMOL regarding infringement and its motion for a new trial.
- Granted Express Mobile's motions for prejudgment and post-judgment interest.
- Denied Express Mobile's motion for enhanced damages.
5. Appeal & Present Posture (2023-2025)
- Appeal to Federal Circuit (Case No. 23-2265): Express Mobile appealed the District Court's rulings concerning the first trial and the summary judgment to the Federal Circuit on August 3, 2023.
- Federal Circuit Decision: On April 2, 2025, the Federal Circuit issued a decision:
- It reversed the District Court's claim construction of "runtime engine" for the '397 patent family, vacating the summary judgment of non-infringement and remanding that portion of the case for further proceedings.
- It affirmed the District Court's denial of Express Mobile's post-judgment motions (JMOL/new trial) regarding the jury's non-infringement verdict for the '755 patent family.
- Current Posture: Following the Federal Circuit's partial reversal and remand, the '397 patent family claims proceeded to a second trial. The May 14, 2026, District Court order on post-trial motions from the second trial indicates that the case is active, with potential for further appeals regarding the '397 family claims.
6. Parallel PTAB IPR/PGR Proceedings
- IPR on '397 Patent: Google LLC filed IPR2021-00700 against U.S. Patent No. 6,546,397 (part of the '397 patent family) on March 31, 2021.
- PTAB Invalidity Decision & Director Review: A PTAB decision related to an Express Mobile patent, which led to a $170 million jury verdict against GoDaddy (matching the second trial's damages amount), was criticized by USPTO Director John Squires for not adequately explaining why it reached a different conclusion than the district court. Squires ordered the matter reconsidered, suggesting a PTAB invalidation of a patent relevant to the recent '397 family trial. This indicates that the validity of at least one of the '397 family patents has been challenged at the PTAB and is undergoing review, potentially impacting the finality of the second jury verdict.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Steptoe
- James Richard Nuttall · Lead Trial Counsel
- John L. Abramic · Partner
- Robert F. Kappers · Attorney
- Katherine H. Tellez · Partner
- Christopher A. Suarez · Attorney
- Candice Jaesun Kwark · Attorney
- Michael Dockterman · Partner
- Tron Y. Fu · Attorney
- Daniel F. Gelwicks · Attorney (pro hac vice)
- Devlin Law Firm
- Timothy Devlin · Local Counsel
Express Mobile, Inc. is represented by the following counsel of record in Express Mobile, Inc. v. GoDaddy.com, LLC, 1:19-cv-01937 (D. Del.):
James Richard Nuttall
- Role: Lead Trial Counsel
- Firm: Steptoe LLP, Chicago, IL
- Experience Note: A nationally recognized first-chair patent trial lawyer, he co-chairs Steptoe's Intellectual Property group and led the team that secured a $170 million jury verdict for Express Mobile against GoDaddy in November 2025, and a $40 million verdict against Shopify in September 2022.
John L. Abramic
- Role: Partner
- Firm: Steptoe LLP, Chicago, IL
- Experience Note: Chair of Steptoe's Intellectual Property group and a veteran advocate in complex intellectual property disputes, he was part of the trial team for Express Mobile against GoDaddy and Shopify.
Robert F. Kappers
- Role: Attorney
- Firm: Steptoe LLP, Chicago, IL
- Experience Note: Served on the trial team for Express Mobile in the GoDaddy and Shopify patent infringement cases.
Katherine H. Tellez (also referred to as Kate Tellez)
- Role: Partner
- Firm: Steptoe LLP, Chicago, IL
- Experience Note: A trusted trial lawyer known for her efficiency and cross-examinations in high-stakes patent infringement matters, she was part of the trial team for Express Mobile against GoDaddy and Shopify.
Christopher A. Suarez
- Role: Attorney
- Firm: Steptoe LLP, Washington, DC (though listed as pro hac vice from Chicago, IL in district court filings)
- Experience Note: Was part of the Steptoe trial team representing Express Mobile against GoDaddy and Shopify, and also involved in Express Mobile, Inc. v. Facebook, Inc.
Candice Jaesun Kwark
- Role: Attorney
- Firm: Steptoe LLP, Chicago, IL
- Experience Note: Represented Express Mobile as counsel on appeal to the Federal Circuit and was part of the Steptoe team for the District Court trial against GoDaddy.
Michael Dockterman
- Role: Partner
- Firm: Steptoe LLP, Chicago, IL
- Experience Note: Served as part of the Steptoe trial team for Express Mobile against GoDaddy and Shopify.
Tron Y. Fu
- Role: Attorney
- Firm: Steptoe LLP, (office location not explicitly stated in results, but listed as pro hac vice from Chicago, IL with other Steptoe attorneys)
- Experience Note: Served as an associate on the Steptoe team that secured a $40 million win for Express Mobile against Shopify.
Timothy Devlin
- Role: Local Counsel
- Firm: Devlin Law Firm LLC, Wilmington, DE
- Experience Note: Regularly appears as local counsel in patent litigation in the District of Delaware.
Daniel F. Gelwicks
- Role: Attorney (pro hac vice)
- Firm: Steptoe LLP, Chicago, IL (implied by association with other Steptoe attorneys and pro hac vice status)
- Experience Note: Listed as pro hac vice counsel for Express Mobile in the District of Delaware case.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- K&L Gates
- David Bilsker · Lead Counsel
- Jonathan E. Singer · Lead Counsel
- Kevin M. Bell · Of Counsel
- Coe & Berbarian
- Richard M. Coe · Local Counsel
- Morris James
- Kenneth L. Dorsney · Local Counsel
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thought
The user is asking for the counsel of record representing GoDaddy.com, LLC in the case Express Mobile, Inc. v. GoDaddy.com, LLC, case number 1:19-cv-01937. I need to identify the attorneys, their roles, firms, office locations, and relevant experience.
I will use the provided search results to extract this information. I will look for mentions of GoDaddy's legal representation in the Delaware District Court case.GoDaddy.com, LLC was represented by a team of attorneys from several firms in Express Mobile, Inc. v. GoDaddy.com, LLC.
Defendant's Counsel:
David Bilsker
- Role: Lead Counsel
- Firm: K&L Gates LLP, San Francisco, CA
- Note: Focuses on intellectual property litigation, including patent, trade secret, trademark, and copyright matters.
Jonathan E. Singer
- Role: Lead Counsel
- Firm: K&L Gates LLP, Seattle, WA
- Note: Specializes in patent litigation and other intellectual property disputes, often involving internet, software, and e-commerce technologies.
Kevin M. Bell
- Role: Of Counsel
- Firm: K&L Gates LLP, Seattle, WA
- Note: Experienced in patent, trade secret, and other intellectual property disputes, particularly in the software and internet industries.
Richard M. Coe
- Role: Local Counsel
- Firm: Coe & Berbarian LLC, Wilmington, DE
- Note: Practices in intellectual property, including patent and trademark litigation, with experience in the Delaware District Court.
Kenneth L. Dorsney
- Role: Local Counsel
- Firm: Morris James LLP, Wilmington, DE
- Note: Focuses on intellectual property litigation, including patent infringement cases, in the District of Delaware.