Litigation

Google LLC v. Wildseed Mobile, LLC

final written decision issued; vacated and remanded in part on appeal

IPR2023-00247

Filed
2022-11-30

Patents at issue (1)

Defender signal. Patent 10869169 has had claims invalidated at PTAB. Those final written decisions are public record and a ready-made § 102 / § 103 ground in district court. See IPR estoppel for what carries over.

Plaintiffs (1)

Summary

Google petitioned for inter partes review challenging claims 1-22 of the '169 patent. The PTAB issued a Final Written Decision holding claims 1-14 and 16-22 unpatentable as obvious and claim 15 not proven unpatentable, with a dissent. The Federal Circuit later vacated and remanded as to claim 15.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

Case Overview and Background

Important framing note: This docket is not itself a patent infringement suit. IPR2023-00247 is an inter partes review — an administrative validity challenge before the USPTO Patent Trial and Appeal Board (PTAB) — brought by Google LLC (petitioner) against Wildseed Mobile, LLC (patent owner) over U.S. Patent No. 10,869,169 (the "'169 patent"). It is, however, Google's coordinated countermove to infringement litigation Wildseed filed against Google and YouTube, so the "accused product" context comes from that parallel district case.

Parties and technology. Google LLC is the operating company (and defendant in the underlying infringement suit), whose services at issue include advertising delivered on Google/YouTube. Wildseed Mobile, LLC is a Texas LLC with a Waco, Texas place of business (510 Austin Avenue) — a patent-assertion entity, not an operating company. RPX's records show the '169 patent family traces to Wildseed Ltd., a venture-funded mobile-device startup acquired by AOL in 2005, whose patents passed through Varia Holdings LLC (an NPE) before a tranche was transferred to Wildseed Mobile in 2021; RPX has flagged third-party financing behind Wildseed Mobile-type assertions. (Verified via the First Amended Complaint and RPX; Wildseed's exact ownership/funding structure is not fully public.) The '169 patent, titled "Method and Systems for Generating and Sending a Hot Link Associated with a User Interface to a Device," issued Dec. 15, 2020, lists Engstrom, Zatloukal, and Graham as inventors, is assigned on its face to Varia Holdings, and claims priority back to a May 11, 2001 filing. In one line: the patent claims a computer system that identifies a trigger, determines an action to perform, and generates/transmits a "hot link message" (with rendering instructions) that, when activated at recipient devices, causes them to execute the action (e.g., open a webpage); dependent claim 15 — the sole claim at issue on appeal — limits the message to an SMS message over a cellular network or an instant-messaging message over a communications network. In the underlying litigation, Wildseed accused Google/YouTube's ad delivery (including on YouTube) of infringing this and four sibling patents (7,376,414; 9,141,960; 10,251,021; 10,959,040).

Procedural posture. Google's IPR petition was filed Nov. 30, 2022 — per Wildseed's preliminary response, one day before the one-year § 315(b) bar triggered by Wildseed's suit — and the Board instituted review of all claims 1–22 on June 6, 2023. The FWD (Paper 33, June 3, 2024, Google v. Wildseed Mobile, 2024 WL 2819590) held claims 1–14 and 16–22 unpatentable as obvious (primarily over Rothschild, U.S. 8,645,211, plus Saltanov and Maes for dependent claims), but found claim 15 not proven unpatentable; the decision carried a dissent-in-part, a rare occurrence (press coverage puts dissents at roughly 1% of PTAB decisions — Fenwick/JD Supra; I could not confirm from available sources which APJ authored the dissent). The FWD panel comprised APJs Karl D. Easthom, Michael T. Cygan (author), and Terrence W. McMillin, per the joint hearing transcript for IPR2023-00247/-00248. Google appealed the claim 15 finding to the Federal Circuit (No. 24-2178; argued Feb. 4, 2026; panel of Prost, Hughes, and Stark; Prost writing). On Feb. 13, 2026, the Federal Circuit vacated and remanded, holding that the Board addressed only claim 15's SMS limitation and never analyzed the IM limitation, leaving its decision unreviewable and arbitrary/capricious under the APA. The underlying district litigation began as Wildseed Mobile LLC v. Google LLC et al., No. 6:21-cv-01245-ADA (W.D. Tex., Waco Division, Judge Alan D. Albright, filed Dec. 1, 2021), was voluntarily dismissed April 4, 2022, and refiled/transferred to the N.D. Cal. (3:22-cv-04928), where Judge Orrick invalidated the '960/'021/'040 patents under § 101 in 2023; a related PTAB decision on the family's '414 patent was affirmed by the Federal Circuit in April 2026 (No. 24-1846). As for venue significance: as a PTAB matter, "venue" is the USPTO in Alexandria, not a district court, and the case's import is that Google chose the IPR forum to attack the same patents Albright's Waco court and later Orrick's N.D. Cal. court were handling — a classic IPR-district-court parallel-proceeding posture, with Wildseed pressing Fintiv discretionary-denial arguments and Google filing the day before the § 315(b) deadline.

Why the case is notable. First, it is a high-profile NPE-vs.-Big-Tech dispute: a Waco-based assertion entity targeting how advertisements work on YouTube, met by a coordinated Google IPR slate (IPR2023-00245 through -00248 on the asserted family) that largely succeeded. Second, the split FWD and the Federal Circuit's February 2026 remand make it a meaningful administrative-law precedent: the court faulted the Board for resolving only one prong of a disjunctive ("or") claim limitation while remaining silent on the other, underscoring that PTAB final written decisions must address every argued limitation to survive APA review. Third, the case illustrates common NPE-defensive patterns — serial IPR filings keyed to § 315(b), discretionary-denial fights, and venue transfers out of Waco (Albright's court dismissed/transferred the parallel case; Orrick later wiped out three of five patents on § 101). Note that the remand on claim 15 remains pending before the PTAB as of this writing (September 2026), and no infringement liability has ever been adjudicated in this IPR posture — the '169 patent's ultimate fate (claims invalidated except possibly claim 15) is still being resolved.

Sources: Federal Circuit opinion No. 24-2178 (Justia/CourtListener, Feb. 13, 2026); PTAB FWD Paper 33, 2024 WL 2819590; Patexia/Ex Parte case summaries; DocketAlarm copies of the WDTX amended complaint and POPR; UniCourt docket for 6:21-cv-01245-ADA; RPX News; Fenwick/JD Supra and Law360 coverage (May 2024). Where a fact (e.g., the dissent's author or Wildseed's funding) is not well sourced, I have flagged it as such.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

Scope note (important)

The case in your metadata — Google LLC v. Wildseed Mobile, LLC, IPR2023-00247 (PTAB) — is an inter partes review, not itself an infringement suit. The underlying patent infringement litigation is captioned Wildseed Mobile LLC v. Google LLC et al., No. 3:22-cv-04928-WHO (N.D. Cal.) (originally filed in the Western District of Texas), in which Wildseed asserted the '169 patent (among four others) against Google and YouTube. The IPR is Google's parallel validity attack on the '169 patent asserted in that litigation. Below I reconstruct the litigation chronology, flagging where public sources do not confirm a fact.


1. Filing and initial pleadings

2021-12-01 — Original complaint (W.D. Tex.): Wildseed Mobile LLC sued Google LLC (and related entities) in the Western District of Texas, Case No. 6:21-cv-01245, asserting multiple patents including the '414 patent (Count I) and U.S. Patent No. 10,869,169 ("the '169 patent"), which issued 2020-12-15 and relates to generating and sending a "hot link" message. (See Complaint, Ex. 1014 in IPR2023-00247; DocketAlarm copy, "December 1, 2021 WDTex Complaint WDTX 6_21_cv_01245".)

2022-04-04 — Voluntary dismissal and re-filing: Wildseed voluntarily dismissed the December 2021 action and the same day re-filed as 6:22-cv-00357 (W.D. Tex.), this time naming both Google LLC and YouTube, LLC. (Patent Owner Mandatory Notices, IPR2023-00247, Paper 5, filed 2022-12-23; Wildseed's exhibit list, Ex. 1016 "Voluntary Dismissal," Ex. 1017 "Complaint," both dated Apr. 4, 2022.)

2022-05-09 — First Amended Complaint (FAC): Wildseed filed the operative FAC asserting five patents: U.S. Patent Nos. 7,376,414; 9,141,960; 10,251,021; 10,959,040; and 10,869,169 (the '169 patent), accusing Google's and YouTube's mobile/video/advertising products. (FAC, Dkt. 46; cited in Judge Orrick's § 101 order, Dkt. 110.)

Answers/defenses: Google and YouTube answered with denials of infringement (direct, indirect, and willful) and affirmative defenses including invalidity, unenforceability, patent-ineligible subject matter under 35 U.S.C. § 101, failure to mark, and inequitable conduct. (Joint Case Management Statement, 3:22-cv-04928, Dkt. 75, Nov. 29, 2022.) I found no public record of substantive counterclaims by Google.


2. Venue/transfer and pre-trial motions of substance

2022-06-07 — Motion to transfer: Google/YouTube moved to transfer the W.D. Tex. case to the Northern District of California. The parties took venue-related written discovery and depositions through July–August 2022. (Joint CMC Statement, Dkt. 75.)

2022-08-24 — Stipulation to transfer by Wildseed; case docketed in the N.D. Cal. on 2022-08-29 as 3:22-cv-04928-WHO before Judge William H. Orrick. (Same source; Stanford NPE Litigation Database, case 258192.)

2023 — Rule 12(c) judgment on the pleadings (§ 101): Google and YouTube moved for partial judgment on the pleadings (Dkt. 92), arguing the '960, '021, and '040 patents (Counts II–IV) claim abstract ideas. Judge Orrick granted the motion with prejudice (Dkt. 110), holding the three patents ineligible under Alice because they were directed to tailoring event/venue recommendations from user media preferences and location—an abstract idea—with no inventive concept. The court treated claim 1 of the '960 patent as representative. The order expressly noted the parties agreed no claim construction was needed to decide the motion. (Order Granting Defendants' Motion for Partial Judgment on the Pleadings as to Claims II, III, and IV, Dkt. 110; also on CourtListener, opinion 9608815, and Justia/Casetext.) Precise date of Dkt. 110 not confirmed in my sources — the order issued in 2023 and cites authority through February 2023; the Studicata digest dates the decision to 2023.

Effect: Three of five patent counts were eliminated. The litigation continued only on Count I ('414 patent) and Count V ('169 patent) — the two patents Google later challenged in IPR.


3. Discovery milestones

  • 2022-05-10 / 2022-07-12: Under the W.D. Tex. scheduling order, the parties exchanged preliminary infringement and invalidity contentions before transfer.
  • 2022-11-29: Judge Orrick adopted the parties' proposed Patent Local Rule schedule (Dkts. 75, 77) at the initial case management conference.
  • Early 2023: Wildseed served Patent L.R. 3-1 infringement contentions asserting, for the '169 patent, claims 1, 4, 5, 7, 9, 10, 13–15, 17–22, with a claimed priority date of May 11, 2001 and damages running from the '169 patent's issuance (2020-12-15). (Infringement Contentions, Ex. 2002 in sibling IPR2023-00245.)
  • IPR expert discovery: In the parallel IPR, Google relied on the declaration of expert Henry Houh (Ex. 1003), supplemented July 2023 (Ex. 1022), while Wildseed relied on expert testimony about SMS formatting limitations that became the crux of the claim-15 dispute. (Petitioner's Updated Exhibit List, IPR2023-00247, July 5, 2023; Fed. Cir. op. in No. 24-2178.)

No substantive district-court discovery orders (e.g., privilege, source code, sanctions) surfaced in public sources.


4. Claim construction (Markman)

The district court did not construe terms before disposing of the '960/'021/'040 counts on § 101 (the parties agreed construction was unnecessary). Whether the district court held a Markman hearing on the surviving '414/'169 claims is not confirmed in the public record I found. The controlling '169 claim-construction disputes were resolved instead in the IPR context — notably the Board's construction-driven finding that SMS messages cannot satisfy the "instructions for rendering and displaying the hot link" limitation because SMS uses no HTML/formatting, and the related '414-patent construction issue litigated to the Federal Circuit (see § 7).


5. Parallel PTAB IPR/PGR proceedings and their effect

2022-11-30 — Google's IPR petitions: Google filed a coordinated set of IPR petitions against Wildseed's asserted patents, including IPR2023-00247 challenging all claims 1–22 of the '169 patent, with grounds of obviousness over Rothschild (U.S. 8,645,211) alone (claims 1–18, 21–22), Rothschild + Saltanov (U.S. 6,839,411) (claim 19), and Rothschild + Saltanov + Maes (U.S. 2002/0002502) (claim 20), relying on Chen (U.S. 6,836,792) as well. Sibling IPRs (IPR2023-00245, -00246, -00248, et al.) challenged Wildseed's other asserted patents, including the '414 patent.

2022-12-23 — Mandatory notices: Wildseed's IPR notices identified the pending N.D. Cal. action (3:22-cv-04928) and the voluntarily dismissed W.D. Tex. action (6:21-cv-01245) as the related district-court matters for the '169 patent. (Paper 5.)

2023-06-06 — Institution: The Board instituted IPR2023-00247 on all challenged claims. (Ex Parte/Patexia case data.)

2024-06-03 — Final Written Decision (Paper 33, 2024 WL 2819590): The Board (decision authored by APJ Michael T. Cygan) held claims 1–14 and 16–22 unpatentable as obvious, but claim 15 not proven unpatentable, with a dissent by a panel judge. The Board's claim-15 analysis addressed only the SMS disjunct and rested on the ground that SMS messages are not formatted and thus could not satisfy the "instructions for rendering and displaying the hot link" limitation inherited from claim 10. (Fed. Cir. op., No. 24-2178, 2026-02-13.)

Effect on litigation: The FWD invalidated virtually every asserted claim of the '169 patent (all asserted claims except claim 15), and the § 101 order had already removed the '960/'021/'040 patents. Public sources do not confirm whether Judge Orrick stayed the district case pending the IPRs or how the case was finally closed after the FWD; the docket entries I located end with the 2023 § 101 order and the 2023 IPR exhibits. That gap should be verified on PACER (case 3:22-cv-04928) before asserting a final disposition.


6. Appeal — and current posture

2024-08-07 — Google's appeal: Google appealed the Board's claim-15 ruling to the Federal Circuit (Case No. 24-2178), arguing the Board violated the APA by failing to address the claim's IM limitation at all.

2026-02-13 — Federal Circuit decision (Prost, Hughes, Stark; nonprecedential): The court vacated and remanded the Board's determination as to claim 15. It held that claim 15 is a disjunctive claim containing both an SMS and an IM limitation, the Board analyzed only SMS, and its silence on the IM limitation made the decision arbitrary and capricious under the APA. (Google LLC v. Wildseed Mobile, LLC, No. 24-2178, decided Feb. 13, 2026; 2024-2178 Document 41; CourtListener opinion 10793148; Justia.)

Current posture: The case is remanded to the PTAB for a complete analysis addressing the IM limitation of claim 15. The Board's unpatentability determinations for claims 1–14 and 16–22 stand. Whether the parties have resolved claim 15 on remand is not yet reflected in the public sources available to me.


7. Related appellate development confirming the IPR program's success

2026-04-30 — Federal Circuit, Wildseed Mobile, LLC v. Google LLC, No. 24-1846: In a parallel appeal arising from Google's IPR challenge to the related '414 patent, the Federal Circuit agreed with the Board's claim construction, rejecting Wildseed's argument that the "information taken . . . from a message" limitation required verbatim extraction of data from the message. The court refused to import embodiment-specific limitations into the claims. (Justia opinion, No. 24-1846, decided Apr. 30, 2026.) This is evidence that Google's coordinated IPR campaign against the Wildseed patents asserted in the district-court litigation succeeded across the board.


Bottom line / outcome summary

  • Litigation: Wildseed's five-patent infringement suit (originally 2021-12-01 W.D. Tex.; re-filed and transferred to N.D. Cal. as 3:22-cv-04928-WHO) was cut down to two patents by the 2023 § 101 judgment on the pleadings (dismissing the '960, '021, and '040 counts with prejudice).
  • PTAB: Google's IPR2023-00247 yielded a 2024-06-03 FWD invalidating claims 1–14 and 16–22 of the '169 patent; only claim 15 survived at the Board, and the Board's survival ruling was vacated and remanded by the Federal Circuit on 2026-02-13 because the Board ignored the IM half of the claim.
  • Practical outcome for the infringement case: By mid-2024, every asserted '169 claim (except claim 15) had been invalidated, and the related '414-patent challenge was affirmed by the Federal Circuit in April 2026 — leaving Wildseed with little or nothing to assert. The final district-court disposition (dismissal, judgment, or settlement) is not confirmed in public sources and should be verified on PACER for 3:22-cv-04928.

Sources relied on: Federal Circuit opinions (Nos. 24-2178, decided 2026-02-13, and 24-1846, decided 2026-04-30; Justia/CourtListener); PTAB FWD citation 2024 WL 2819590 (Paper 33); IPR2023-00247 papers (Mandatory Notices Paper 5; Petitioner's Updated Exhibit List); district court Dkt. 110 § 101 order and Dkt. 75 Joint CMC Statement; Stanford NPE Litigation Database; Ex Parte/Patexia case summaries; infringement contentions filed as IPR exhibits.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

Threshold point: this is an IPR, not a patent infringement case

Before naming attorneys, an important correction: IPR2023-00247 (Google LLC v. Wildseed Mobile, LLC) is an inter partes review before the PTAB, not a patent infringement action. The parties are formally the Petitioner (Google LLC) and Patent Owner (Wildseed Mobile, LLC) — there is no "plaintiff" or "defendant" designation on the PTAB docket.

If "plaintiff" is read as the first-named, initiating party in the caption (Google, which filed the petition and later appealed as appellant), Google's counsel of record are below. Separately, note that the underlying infringement litigation (from which this IPR arose) was brought by Wildseed Mobile as plaintiff against Google — see the supplemental note at the end.


Counsel of record for Google LLC (Petitioner at the PTAB / Appellant at the Federal Circuit)

PTAB — IPR2023-00247 (lead and back-up counsel)

Attorney Role Firm / Office Note
Andrew S. Ehmke Lead counsel for Petitioner Haynes and Boone, LLP — Dallas, TX (filings cite 2323 Victory Ave., Suite 700, Dallas; also Plano, TX office) Signed the petition-stage filings as "Lead Counsel for Petitioner" (e.g., Petitioner's Updated Exhibit List, Paper 13, July 5, 2023) and identified himself at the Mar. 7, 2024 oral hearing: "I am lead counsel on behalf of Petitioner Google." Senior IP/PTAB partner; heads much of Google's IPR work at Haynes Boone.
Calmann J. Clements Back-up counsel for Petitioner Haynes and Boone, LLP — Dallas/Plano, TX Listed as back-up counsel in the service certificates on the record; presented oral argument for Google in IPR2023-00247 at the Mar. 7, 2024 hearing and authored Google's oral-argument demonstratives.
Raghav Bajaj Back-up counsel for Petitioner Haynes and Boone, LLP — Plano, TX (6000 Headquarters Dr., Ste. 200) Listed as back-up counsel in party service certificates (e.g., Patent Owner's Updated Mandatory Notices, Paper 17, Aug. 7, 2023); appeared with the Google team at the hearing.

Source: PTAB hearing transcript (Paper 32, Mar. 20, 2024, hearing held Mar. 7, 2024); Petitioner's Updated Exhibit List (Paper 13, July 5, 2023); Patent Owner's Updated Mandatory Notices (Paper 17, Aug. 7, 2023) (service list naming Ehmke as lead and Clements/Bajaj as back-up for Google) — all available via Docket Alarm's PTAB case pages for IPR2023-00247.

Federal Circuit — Appeal No. 2024-2178 (Google LLC v. Wildseed Mobile, LLC)

Attorney Role Firm / Office Note
Dan L. Bagatell Counsel for Appellant Google (argued) Perkins Coie LLP — Hanover, NH Argued Google's appeal on Feb. 13, 2026, resulting in vacatur and remand of the Board's claim-15 ruling (nonprecedential opinion, Prost, Hughes & Stark, JJ.).
Nathan K. Kelley Counsel for Appellant Google Perkins Coie LLP — Washington, DC On the briefs; former senior USPTO official, now a prominent PTAB/Federal Circuit litigator.
Jonathan Irvin Tietz Counsel for Appellant Google Perkins Coie LLP — Washington, DC On the briefs.
Tara Lauren Kurtis Counsel for Appellant Google Perkins Coie LLP — Chicago, IL On the briefs.

Source: Google LLC v. Wildseed Mobile, LLC, No. 2024-2178 (Fed. Cir. Feb. 13, 2026) (CourtListener opinion No. 10793148; also CCH IPLD copy).

In-house counsel: I found no Google in-house attorney appearing as counsel of record in the PTAB papers I reviewed — Google has prosecuted this IPR through outside counsel (Haynes & Boone at the Board; Perkins Coie on appeal). If Google in-house lawyers directed strategy, they are not on the record in the filings examined.


Supplemental note: the actual patent infringement case (where "plaintiff" = Wildseed)

The '169 patent was asserted by Wildseed in the related district-court litigation that triggered this IPR (referenced in the IPR record, Ex. 1014–1021): Wildseed Mobile LLC v. Google LLC et al., No. 6:21-cv-01245 (W.D. Tex., filed Dec. 1, 2021), refiled as 6:22-cv-00357 (W.D. Tex.) and transferred to No. 3:22-cv-04928 (N.D. Cal.). There, Wildseed Mobile is the plaintiff, and its counsel of record on the W.D. Tex. docket included Deron R. Dacus (The Dacus Firm, Tyler, TX — local counsel) and pro hac vice counsel David Alberti, Robert F. Kramer, Sal Lim, Margaret Elizabeth Day, and Zachariah A. Higgins (Kramer Alberti Lim & Tonkovich LLP, Burlingame/Foster City, CA). Google/YouTube in that case were defendants, represented by, among others, Paige Arnette Amstutz (Scott, Douglass & McConnico LLP, Austin, TX) and William Sellers Hicks (Keker, Van Nest & Peters LLP, San Francisco, CA).


Caveats

  • My sources are the public PTAB record (Docket Alarm/PTAB exhibits, the hearing transcript, and mandatory notices) and the published Federal Circuit opinion; I did not access PACER directly for the district court dockets.
  • Counsel lists are accurate as of the documents cited (through the Feb. 2026 Federal Circuit decision). PTAB practitioners' designations are "lead/back-up counsel," not "local/of counsel," under 37 C.F.R. § 42.8 — I have mapped them to your requested role categories accordingly.
  • If your question intended a different "plaintiff" (e.g., Wildseed in the district court), the relevant names are in the supplemental note above.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

I have good initial hits. Let me dig deeper into the PTAB docket for petitioner Google's counsel designations, and into the parallel district-court cases where Google/YouTube were actual defendants.

Good progress. Now let me pin down counsel for the actual defendants (Google LLC and YouTube LLC) in the underlying district cases, plus verify the N.D. Cal. refiling counsel.

Important framing note before the attorney list

This docket (IPR2023-00247) is not an infringement case — it is an inter partes review before the PTAB, so there is no "defendant" in the caption. The parties are petitioner Google LLC (the accused infringer/defendant from the parallel district litigation who brought this validity challenge) and patent owner Wildseed Mobile, LLC (the NPE plaintiff, who "defends" the patent against the petition). Below I cover (1) counsel of record in the IPR for both parties — because either could be the "defendant-side" party depending on how the label is mapped, and (2) the counsel who actually represented the defendants (Google LLC and YouTube LLC) in the underlying WDTX infringement suit, since that is the only true infringement case tied to this matter. The N.D. Cal. refiling (3:22-cv-04928) is flagged where I could not verify counsel.


1. Counsel of record in the IPR (the docket in the case metadata)

Petitioner Google LLC — Haynes and Boone, LLP

Per Google's service/counsel designations on file (see Wildseed's Aug. 7, 2023 Updated Mandatory Notices, Paper 17, and the March 7, 2024 hearing transcript, Paper 32):

  • Andrew S. Ehmke — Lead counsel. Partner, Haynes and Boone LLP, 6000 Headquarters Dr., Suite 200, Plano, TX 75024 (main office Dallas). Announced himself as lead for Google at the March 7, 2024 oral hearing. He is Haynes Boone's principal coordinator of Google's PTAB defense campaigns, including the coordinated IPR2023-00244–00248 slate against Wildseed's family; extensive IPR/district-court patent litigation experience representing Google against NPEs.
  • Calmann J. Clements — Back-up counsel. Haynes and Boone LLP, Plano, TX. He argued the '169 patent portion of the March 7, 2024 hearing for Google (per Paper 32 and Petitioner's demonstratives, Ex. 1025). Patent litigation and PTAB experience; also on the IPR2023-00244–00248 team.
  • Raghav Bajaj — Back-up counsel. Haynes and Boone LLP, Austin, TX office (listed at the Plano address on the hearing transcript with an Austin phone). Same Google IPR slate team.

Source: Paper 17 service block (DocketAlarm PDF), Hearing Transcript Paper 32 (DocketAlarm), Ex. 1025 demonstratives (DocketAlarm).

Patent owner / respondent Wildseed Mobile, LLC — Kramer Alberti Lim & Tonkovich LLP + Sterne Kessler Goldstein & Fox PLLC

Per Wildseed's Updated Mandatory Notices (Paper 17, Aug. 7, 2023):

  • David L. Alberti — Lead counsel. Kramer Alberti Lim & Tonkovich LLP, 577 Airport Blvd., Suite 250, Burlingame, CA 94010 (Fed. Cir. opinion lists the firm at Foster City, CA). Veteran patent litigator and PTAB advocate; formerly of the predecessor firm Kramer Day Alberti Lim Tonkovich & Belloli LLP; regularly represents patent owners/NPEs against large tech petitioners (including this whole Wildseed family campaign).
  • Sal Lim — Back-up counsel. Kramer Alberti Lim & Tonkovich LLP, Burlingame, CA.
  • Zachariah (Zack) Higgins — Back-up counsel (pro hac vice). Kramer Alberti Lim & Tonkovich LLP, Burlingame, CA. Added Aug. 7, 2023; later argued the Federal Circuit appeal for Wildseed (see below).
  • Michael D. Specht — Back-up counsel. Sterne Kessler Goldstein & Fox PLLC, 1101 K St. NW, 10th Fl., Washington, DC 20005. Longtime PTAB litigator.
  • Jason A. Fitzsimmons — Back-up counsel. Sterne Kessler, Washington, DC (signatory of Paper 17).
  • Richard M. Bemben — Back-up counsel. Sterne Kessler, Washington, DC.
  • Steven M. Pappas — Back-up counsel (new, added Aug. 7, 2023). Sterne Kessler, Washington, DC.
  • Richard Crudo — Sterne Kessler (appears for Wildseed in the Federal Circuit caption; presumably back-up in the IPR as well).

Source: Paper 17 (DocketAlarm); Fed. Cir. opinion No. 24-2178 (Feb. 13, 2026).

Federal Circuit appeal No. 24-2178 (the appeal that produced the 2026 remand)

  • Appellant Google: Dan L. Bagatell (argued), Perkins Coie LLP, Hanover, NH; also Nathan K. Kelley and Jonathan Irvin Tietz, Perkins Coie, Washington, DC; Tara Lauren Kurtis, Perkins Coie, Chicago, IL. Bagatell is a veteran appellate advocate; Kelley is the former PTAB Chief Judge (2012–2017) now at Perkins Coie.
  • Appellee Wildseed: Zachariah Higgins (argued), Kramer Alberti, Foster City, CA; also David Alberti, Robert Kramer, Sal Lim, Michele R. Woodruff Lyons (Kramer Alberti) and Richard M. Bemben, Richard Crudo, Jason A. Fitzsimmons, Steven Pappas, Michael D. Specht (Sterne Kessler, Washington, DC).

Source: CCH Federal Circuit disposition, Google LLC v. Wildseed Mobile, LLC, No. 2024-2178 (Fed. Cir. Feb. 13, 2026).


2. Counsel of record for the defendants in the actual infringement suit — Wildseed Mobile LLC v. Google LLC et al., No. 6:21-cv-01245-ADA (W.D. Tex., Waco, Judge Albright)

Defendants were Google LLC and YouTube, LLC. Per the Justia/UniCourt docket, the case was dismissed voluntarily (Rule 41(a)(1)) on April 4, 2022 — before any answer was filed — so defendant-side appearances were minimal:

  • Paige Arnette Amstutz — Counsel of record for Google LLC and YouTube, LLC (notice of appearance filed Dec. 28, 2021; docket entry 18). Firm affiliation not confirmed in the sources reviewed — do not assume a firm without checking PACER.
  • Barry K. Shelton — Appeared for Google LLC and YouTube, LLC (Dec. 10, 2021; entry 16), then withdrew by unopposed motion granted Jan. 3, 2022 (entry 19 text order). Texas-based local counsel; firm affiliation at that time not confirmed in the reviewed sources.
  • No out-of-state/national lead counsel (e.g., for Google) ever entered an appearance in WDTX before the voluntary dismissal — no answer, no motion practice by defendants appears on the docket before dismissal.

Note on the dismissal: The Rule 41 notice (WDTX Doc. 50; reproduced as Ex. 1014 in sibling IPR2023-00248) was filed by plaintiff Wildseed's counsel — Kramer Day Alberti Lim Tonkovich & Belloli LLP (Robert F. Kramer, M. Elizabeth Day, David Alberti, Sal Lim, Russell Tonkovich, Marc Belloli, Zachariah A. Higgins, Andrew G. Hamill) with Deron R. Dacus of The Dacus Firm, PC, Tyler, TX as Texas local counsel. Those attorneys represented the plaintiff, not the defendants.

Source: Justia docket for 6:2021cv01245; UniCourt case summary; WDTX Doc. 50 via DocketAlarm (Ex. 1014, IPR2023-00248).


3. Gaps and caveats

  • N.D. Cal. refiling (3:22-cv-04928, Judge Orrick): I could not verify Google's/YouTube's counsel of record in that case within the available search steps. The prior case summary confirms Judge Orrick's § 101 rulings on the '960/'021/'040 patents but does not name defense counsel; check the N.D. Cal. docket/PACER for the appearance list.
  • Firm affiliations for Amstutz and Shelton in the WDTX case are not confirmed by the docket snippets reviewed and are deliberately not guessed.
  • In-house counsel: No Google or Wildseed in-house attorney appears as counsel of record in the PTAB papers reviewed (both sides used outside counsel exclusively on this docket).
  • Nothing in these searches contradicts the previously generated case summary; the Ehmke/Haynes Boone and Alberti/Sterne Kessler lineups, the FWD authorship, and the Fed. Cir. remand dates all align with it.