Litigation
Fleet Connect Solutions LLC v. Stellantis N.V.
Unknown2:24-cv-00134
- Filed
- 2024-02-20
Patents at issue (1)
Plaintiffs (1)
Defendants (1)
Summary
Patent infringement suit filed by Fleet Connect Solutions LLC against Stellantis N.V. asserting U.S. Patent 7,742,388.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
This patent infringement suit features a prolific patent assertion entity (PAE), Fleet Connect Solutions LLC, suing one of the world's largest automotive manufacturers, Stellantis N.V. Fleet Connect Solutions is an entity associated with monetization firm Empire IP LLC and has filed dozens of patent lawsuits against companies in the automotive, fleet management, and wireless communication sectors. Stellantis is a multinational corporation formed from the merger of Fiat Chrysler Automobiles and PSA Group, which manufactures and sells vehicles under 14 brands, including Chrysler, Dodge, Jeep, Ram, Fiat, and Peugeot. The lawsuit accuses Stellantis of infringing U.S. Patent No. 7,742,388 through its connected vehicle technologies, such as its Uconnect systems and other in-vehicle telematics, which use wireless communication protocols for data transmission. While the complaint does not specify vehicle models, the accused technology is broadly integrated across Stellantis's brands for features like remote diagnostics, navigation, and in-vehicle hotspots.
The asserted patent, U.S. Patent No. 7,742,388, is titled "Packet generation in a digital communication system" and generally relates to a method for creating and managing data packets for transmission in wireless networks. The case was filed in the U.S. District Court for the Eastern District of Texas (2:24-cv-00134). This venue is highly notable in patent litigation, having a long-standing reputation for being favorable to patent plaintiffs due to its local rules, experienced judiciary in patent matters, and historically fast trial schedules, making it a preferred forum for PAEs. The district remains one of the busiest for patent cases in the United States.
This case is notable for several reasons. It represents a continuation of Fleet Connect's broad assertion campaign targeting the connected vehicle industry, having previously sued other companies over patents related to fleet telematics and wireless communications. The litigation is also significant due to a critical development at the U.S. Patent and Trademark Office. On March 26, 2026, the USPTO's Central Reexamination Unit issued a notice of intent to issue a reexamination certificate cancelling numerous claims of the '388 patent, including claims 1-9. This action, which resulted from a request by the non-profit patent quality initiative Unified Patents, casts substantial doubt on the patent's validity and will almost certainly become a central issue in the litigation against Stellantis, potentially leading to a stay of the district court case pending final resolution of the reexamination.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Legal Developments & Outcome
This litigation was powerfully shaped by a parallel proceeding at the U.S. Patent and Trademark Office that targeted the validity of the asserted patent. The district court case saw minimal activity before being effectively neutralized by the USPTO's actions.
Chronology of Key Events:
2024-02-20: Complaint Filed
Fleet Connect Solutions LLC ("Fleet Connect") filed a patent infringement complaint against Stellantis N.V. ("Stellantis") in the Eastern District of Texas. The complaint alleged that Stellantis's connected vehicle technologies, including its Uconnect systems, infringed U.S. Patent No. 7,742,388.2025-01-25 (approx.): Ex Parte Reexamination Requested
Unified Patents, a non-profit organization focused on challenging patents it deems weak, filed a request for ex parte reexamination of the '388 patent with the USPTO. This action was taken independently of the Stellantis litigation but targeted the same patent asserted in this case and over 60 other lawsuits filed by Fleet Connect.2025-03-25: USPTO Grants Reexamination
The USPTO's Central Reexamination Unit (CRU) granted the request filed by Unified Patents, determining that the submitted prior art raised "substantial new questions of patentability" for the claims of the '388 patent. This decision signaled a significant threat to the patent's validity.2025-04-18 (approx.): Stellantis Files Answer
Based on typical court deadlines, Stellantis would have filed its Answer and any counterclaims around this time, likely denying infringement and asserting the patent's invalidity. The reexamination proceeding would have been a key element of its defense strategy, and it is probable that Stellantis requested a stay of the district court case pending the outcome of the USPTO's review. (Specific docket entry for the answer is not available in search results).2026-03-26: USPTO Issues Notice of Intent to Cancel Claims
The CRU issued a notice of intent to issue a reexamination certificate (NIRC) cancelling numerous claims of the '388 patent, including the challenged claims 1-9, 11-13, 20, 21, 28, and 29. This is a near-final action by the patent office indicating the claims are unpatentable and will be formally cancelled.Present Posture and Outcome
The notice of intent to cancel the asserted patent claims is a case-dispositive event. With the foundational asset of its lawsuit rendered invalid by the USPTO, Fleet Connect Solutions has no viable path forward in its litigation against Stellantis. The case is expected to be dismissed. Given the timing, it is highly probable the parties will file, or have already filed, a joint stipulation of dismissal with prejudice, likely with each party bearing its own costs. The USPTO's final reexamination certificate will formalize the cancellation of the patent claims, preventing Fleet Connect from asserting them against Stellantis or any other party in the future.
Parallel USPTO Proceedings
The ex parte reexamination initiated by Unified Patents was the pivotal event in this litigation.
- Proceeding: Ex Parte Reexamination No. 90/019,840
- Patent: U.S. Patent No. 7,742,388
- Petitioner: Unified Patents, LLC
- Status: On 2026-03-26, the USPTO issued a notice of intent to issue a reexamination certificate cancelling claims 1-9, 11-13, 20, 21, 28, and 29.
- Effect on Litigation: The USPTO's action to cancel the asserted claims is fatal to Fleet Connect's infringement suit. A defendant cannot be held liable for infringing patent claims that have been deemed invalid and cancelled by the USPTO. This development almost certainly precipitated the end of the district court case against Stellantis, leading to its dismissal.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Berger & Hipskind
- Justin T. Funcell · Lead Counsel
- Daniel P. Hipskind · Lead Counsel
- Ward, Smith & Hill
- Johnny Ward · Local Counsel
- Wesley Hill · Local Counsel
Counsel for Plaintiff Fleet Connect Solutions LLC
Based on a review of court filings and legal directories, the following attorneys have appeared on behalf of the plaintiff, Fleet Connect Solutions LLC. The legal team combines out-of-state patent litigation specialists with experienced local counsel from a well-known Eastern District of Texas firm.
Justin T. Funcell - Lead Counsel
- Firm: Berger & Hipskind LLP (Beverly Hills, CA)
- Note: While specific case details for Mr. Funcell are not prominent in public records, his firm, Berger & Hipskind LLP, focuses on intellectual property cases.
Daniel P. Hipskind - Lead Counsel
- Firm: Berger & Hipskind LLP (Beverly Hills, CA)
- Note: Mr. Hipskind is an intellectual property litigator with experience representing clients in federal courts across the U.S., including in Texas, California, and Delaware.
Johnny Ward - Local Counsel
- Firm: Ward, Smith & Hill, PLLC (Longview, TX)
- Note: Mr. Ward is a highly distinguished East Texas trial lawyer known for securing major patent infringement verdicts against large technology companies like Apple, Samsung, and Microsoft.
Wesley Hill - Local Counsel
- Firm: Ward, Smith & Hill, PLLC (Longview, TX)
- Note: Mr. Hill is recognized for his courtroom success in patent litigation and has been named among the nation's top attorneys for intellectual property disputes.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Foley & Lardner
- Michael J. Abernathy · lead counsel
- T. "Derick" Wilson · local counsel
- Ruben C. Rodrigues · of counsel
Based on a review of available court records and legal news reporting, counsel for the defendant, Stellantis N.V., has been identified.
Defendant's Counsel (Stellantis N.V.)
As of the current date, Stellantis N.V. is represented by attorneys from the law firm Foley & Lardner LLP.
Name: Michael J. Abernathy
- Role: Lead Counsel
- Firm: Foley & Lardner LLP (Chicago, IL)
- Note: Abernathy is an experienced patent trial lawyer who has represented major technology and automotive companies in high-stakes patent litigation across the country, including in the Eastern District of Texas.
Name: T. "Derick" Wilson
- Role: Local Counsel
- Firm: Foley & Lardner LLP (Dallas, TX)
- Note: Wilson frequently serves as local counsel in the Eastern District of Texas and has extensive experience in patent litigation involving complex technologies.
Name: Ruben C. Rodrigues
- Role: Of Counsel
- Firm: Foley & Lardner LLP (Chicago, IL)
- Note: Rodrigues focuses on patent litigation and has been involved in cases for clients in the automotive, electronics, and software industries.
The notice of appearance for counsel was filed on April 15, 2025 (Dkt. 8), shortly before Stellantis would have filed its responsive pleading to the complaint. This legal team is well-versed in defending against patent assertion entities like Fleet Connect Solutions and handling cases in the Eastern District of Texas.