Gaea LLC v. NetApp, Inc.

Case Overview and Background

This patent infringement suit features Gaea LLC, a non-practicing entity (NPE), asserting a patent against NetApp, Inc., a major publicly-traded technology company specializing in data storage and cloud data management. Gaea LLC appears to be a patent assertion entity, as it is litigating the same patent family against a wide range of technology companies, including Samsung, Meta, Dell, and Oracle, in a broad assertion campaign that began in July 2023. NetApp is an established operating company known for its ONTAP software, hybrid cloud data services, and data storage hardware. The lawsuit centers on NetApp's data storage products and services, which Gaea alleges infringe its patent by using policy-based data handling, a common feature in modern storage systems.

The single patent at issue is U.S. Patent No. 10,776,023, titled "Data storage device with configurable policy-based storage device behavior." In essence, the patent claims a storage device where a controller can enforce specific rules or "policies" for how content is stored and handled. Gaea's complaint alleges that NetApp's products and services, which provide features for managing data across on-premises and cloud environments, incorporate this patented technology. The case was filed in the U.S. District Court for the Western District of Texas (WDTX) and is pending in the Waco division. This venue has been the most popular district for patent litigation in the U.S. for several years, favored by patent plaintiffs, particularly NPEs, for its fast-track scheduling orders and, until a 2022 standing order changed case assignment rules, the high probability of drawing Judge Alan Albright, who is known for his experience in patent law.

The case is notable as part of a large-scale, multi-front patent assertion campaign by an NPE against numerous major players in the data storage and cloud computing industry. The widespread assertion of the '023 patent and its relatives suggests a coordinated monetization effort targeting a fundamental aspect of modern data storage. The notability of Gaea's campaign is further highlighted by the fact that Unified Patents, an organization that works to deter NPE litigation, has sponsored a public contest seeking prior art to invalidate the '023 patent. This indicates that the industry views the patent as a significant threat and is actively organizing a defense against Gaea's claims.

Key Legal Developments in Gaea LLC v. NetApp, Inc.

As of May 6, 2026, the patent infringement lawsuit brought by Gaea LLC against NetApp, Inc. in the U.S. District Court for the Western District of Texas remains active. Publicly available information provides a high-level overview of the case's initiation, but detailed docket entries and specific rulings are not widely reported.

Filing and Initial Stages (2023)

On July 21, 2023, Gaea LLC, a non-practicing entity, filed a patent infringement complaint against NetApp, Inc. The lawsuit alleges that NetApp's products or services infringe upon U.S. Patent No. 10,776,023, titled "Data storage device with configurable policy-based storage device behavior." This filing was part of a broader litigation campaign by Gaea, which saw the entity file similar lawsuits against several other major technology companies on the same day, all in the Western District of Texas. These defendants include Dell, Hewlett Packard Enterprise, Oracle, Pure Storage, and Samsung.

Details regarding NetApp's answer to the complaint and any counterclaims it may have filed are not available in the public search results. Typically, a defendant's answer would be due within a few months of the complaint, outlining its defenses, which would likely include non-infringement and invalidity of the asserted patent.

Pre-Trial and Current Status

There is no publicly available information regarding significant pre-trial motions, such as motions to dismiss, transfer venue, or stay the case pending a review of the patent. Similarly, there are no reports of any hearings or rulings related to claim construction (a Markman hearing), which would be a key step in defining the scope of the patent claims for the litigation.

As the case is designated as "active," it is presumed to be in the pre-trial phases, which would involve discovery, scheduling conferences, and initial disclosures between the parties. The lack of major public rulings suggests the litigation may be proceeding through these standard early stages or that the parties are engaged in confidential settlement discussions.

Parallel PTAB Proceedings

A search of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) records does not indicate that NetApp or any other entity has filed for inter partes review (IPR) to challenge the validity of the 10,776,023 patent. Such a filing would be a common defensive strategy in patent litigation, and its absence to date may be a strategic choice by the defendants in this and the related cases.

In summary, Gaea LLC v. NetApp, Inc. is an active patent infringement case in its early stages. The plaintiff, Gaea LLC, is asserting a single patent against NetApp and numerous other technology companies. The case is proceeding in the Western District of Texas, a popular venue for patent litigation, but key developments beyond the initial filing have not yet been made public.

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Case Name: Gaea LLC v. NetApp, Inc.
Case Number: 6:23-cv-00519-ADA
Court: Texas Western District Court
Nature of Suit: Patent
Date Filed: July 21, 2023 ...

Case Number: 6:23-cv-00519-ADA
Parties: Gaea LLC, NetApp, Inc.
Court: U.S. District Court for the Western District of Texas
Judge: Alan D Albright
Date Filed: Fri, 07/21/2023 ...

Case number: 6:23-cv-00519-ADA. Gaea LLC v. NetApp, Inc. Assigned to: Judge Alan D Albright. Demand: $0. Case in which validation is sought: Filed: July 21 ...

Jul 21, 2023, COMPLAINT against NetApp, Inc. (Filing fee $ 402 receipt number ATXWDC-11325303), filed by Gaea LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, ...

Case Name: Gaea LLC v. NetApp, Inc.
Case Number: 6:23-cv-00519
Court: US District Court for the Western District of Texas
Judge: Alan D Albright
Date Filed: 07/21/2023 ...

Feb 14, 2024, Praecipe by Gaea LLC. (Jalili, Justin) (Entered: 02/14/2024). Main Document. 25. Feb 14, 2024, NOTICE of Appearance by Justin Jalili on behalf ...

Gaea LLC is represented by Justin Jalili and Frank Serrano of Jalili Law P.C. and S. Calvin Capshaw and Elizabeth L. DeRieux of Capshaw DeRieux LLP. NetApp is ...

May 1, 2024, Docket for Gaea LLC v. NetApp, Inc., 6:23-cv-00519-ADA (W.D. Tex.) ... Attorneys: S. Calvin Capshaw, Capshaw DeRieux LLP, LEAD ATTORNEY.

Counsel. S. Calvin Capshaw. Capshaw Derieux LLP. PO Box 3999. Longview, TX 75606. 903-236-9800. Email: ccapshaw@capshawlaw.com. Lead Attorney. designator: ...

S. Calvin Capshaw of Capshaw DeRieux LLP serves as lead counsel for Gaea. He is a seasoned patent litigator based in Texas. Elizabeth L. DeRieux of the same ...

[1or] Elizabeth L. DeRieux is a partner at Capshaw DeRieux LLP in Gladewater, Texas. She has been involved in numerous patent infringement cases, often representing ...

Justin Jalili is the founder of Jalili Law P.C., a firm specializing in intellectual property litigation. He has represented clients in a wide range of ...

Frank Serrano is an attorney at Jalili Law P.C. and has experience in patent litigation matters. He has been involved in cases alongside Justin Jalili.

Justin Jalili of Jalili Law P.C. is an experienced patent attorney who frequently represents non-practicing entities (NPEs) in patent assertion campaigns.

A complaint in Gaea LLC v. NetApp Inc was filed today in the Western District of Texas. Gaea is represented by Jalili Law PC and Capshaw Derieux LLP.

Frank Serrano is an attorney at Jalili Law P.C. with a focus on intellectual property litigation. Prior to joining the firm, he worked on various patent cases.

S. Calvin Capshaw is a founding partner of Capshaw DeRieux LLP and has over 30 years of experience in civil litigation, with a strong focus on patent cases in ...

Elizabeth L. DeRieux, a partner at Capshaw DeRieux LLP, has extensive experience as local counsel in East and West Texas patent cases. She was recognized as a ...

Jalili Law P.C. is a boutique intellectual property law firm with offices in California and other locations, focusing on patent litigation.

Capshaw DeRieux LLP is a Texas-based law firm known for its work in patent litigation, frequently serving as local counsel in the Eastern and Western Districts of ...Based on a review of the court docket and other publicly available information, the following counsel have appeared on behalf of the plaintiff, Gaea LLC.

Plaintiff's Counsel

• S. Calvin Capshaw (Lead Attorney)

  • Firm: Capshaw DeRieux LLP (Longview, TX)
  • Note: Capshaw is a veteran Texas-based patent litigator with over 30 years of experience, frequently appearing in the Eastern and Western Districts of Texas.

• Elizabeth L. DeRieux (Attorney)

  • Firm: Capshaw DeRieux LLP (Gladewater, TX)
  • Note: DeRieux is a partner at the firm and has extensive experience serving as local counsel in numerous Texas patent infringement cases.

• Justin Jalili (Attorney)

  • Firm: Jalili Law P.C. (office location not specified in docket)
  • Note: Jalili is the founder of his firm, which specializes in intellectual property litigation, and he often represents entities in patent assertion campaigns.

• Frank Serrano (Attorney)

  • Firm: Jalili Law P.C. (office location not specified in docket)
  • Note: Serrano is an attorney at Jalili Law P.C. with a focus on intellectual property and patent litigation matters.

Based on available information, the specific attorneys representing NetApp, Inc. in Gaea LLC v. NetApp, Inc., 6:23-cv-00519, have not yet been publicly identified as a notice of appearance has not been located in publicly accessible records as of May 6, 2026. Docket search results for this specific case number in the Western District of Texas did not yield a publicly available docket sheet listing counsel for the defendant.

However, based on past patent litigation, NetApp frequently retains counsel from the law firm Fish & Richardson P.C. For example, in a recent trade secrets case filed in November 2025, NetApp was represented by attorneys from Fish & Richardson. The firm is well-known for its extensive patent litigation practice and representation of major technology companies.

Potential counsel for NetApp, based on the company's past representation and the firm's deep bench in patent litigation, could include principals from Fish & Richardson's various U.S. offices. Some notable patent litigators at the firm who have represented tech companies include:

• Michael J. Headley: A principal in the Silicon Valley office, Headley is a seasoned IP litigator with extensive trial experience in patent and trade secret cases for major technology brands.
• Neil J. P. Smith: Now a dispute resolution neutral, Smith was previously a partner at a prominent IP firm and has a long history in patent litigation.
• Stephen S. Negar: A principal in the Southern California office, his practice focuses on patent and technology litigation.
• Brian J. Johnson: A first-chair IP litigation attorney with significant experience before the International Trade Commission (ITC) and federal district courts.
• Kevin J. Patariu: A partner with extensive experience in patent litigation and post-grant proceedings, including numerous IPRs.

Without access to the official docket and the attorneys' notices of appearance for this specific case, the definitive counsel of record cannot be confirmed. Filings may be under seal, or an appearance may not have been entered in a publicly accessible manner.