HBCU Messaging US LP v. Apple, Inc. et al.

HBCU Messaging US LP, a subsidiary of the HBCU Technology Foundation, has initiated a patent infringement lawsuit against technology giant Apple, Inc. and payment platform Green Dot Corporation. While linked to a 501(c)(3) nonprofit aiming to support Historically Black Colleges and Universities (HBCUs) in technology transfer and intellectual property, HBCU Messaging US LP's patent portfolio originates from Rembrandt IP Management, LLC, an entity known for patent monetization, suggesting the plaintiff operates with characteristics of a non-practicing entity (NPE) or patent assertion entity (PAE). Apple, an operating company specializing in consumer electronics and software, is accused of infringing through its Apple Cash service, Messages app, and associated hardware and software infrastructure. Green Dot, also an operating company, is implicated specifically for its payment technology implemented within the Apple Cash service.

The lawsuit, filed in the U.S. District Court for the Western District of Texas under case number 1:24-cv-01199, asserts infringement of seven mobile messaging patents: U.S. Patent Nos. 8,918,127; 11,012,827; 11,089,450; 11,653,182; 11,653,183; 11,991,600; and 11,991,601. These patents generally relate to improvements in computerized messaging systems that can utilize either short message service (SMS) or packet-switched message service (PSMS), particularly by preventing "blind attempts" to send messages when the recipient's device cannot receive them, thereby conserving network resources. The case was originally assigned to Judge Robert Pitman but was subsequently reassigned to Judge Alan D. Albright on April 15, 2025. The Western District of Texas, and particularly its Waco Division where Judge Albright presides, has historically been a significant venue for patent litigation, often favored by plaintiffs for its fast-paced dockets, although a 2022 order randomized judge assignments in the Waco Division.

This litigation is notable for several reasons, including the plaintiff's unique structure blending a non-profit mission with an NPE patent enforcement strategy, stemming from a portfolio previously managed by an IP monetization firm. Furthermore, Apple has proactively responded by filing an Inter Partes Review (IPR) against HBCU Messaging US LP (IPR2025-01493) on August 28, 2025, challenging the validity of the asserted patents before the Patent Trial and Appeal Board (PTAB). The complaint also highlights a history of litigation between the parties, referencing an ongoing German action filed against Apple by the plaintiff in June 2015.

The case HBCU Messaging US LP v. Apple, Inc. et al. (1:24-cv-01199) is an active patent infringement lawsuit in the U.S. District Court for the Western District of Texas.

Here's a breakdown of the key legal developments:

Filing & Initial Pleadings:

• Complaint Filing: HBCU Messaging US LP filed its initial complaint on October 7, 2024. An amended complaint was filed on September 13, 2024, alleging infringement of seven patents related to mobile messaging technology by Apple's Cash service, Messages app, and associated hardware and software, with Green Dot Corporation also implicated for its role in Apple Cash.
• Service of Process: Apple Inc. was served with the summons and complaint on November 5, 2024.
• Case Reassignment: The case was initially assigned to Judge Robert Pitman and was later reassigned to Judge Alan D. Albright for all proceedings on April 15, 2025.

Pre-trial Motions of Substance:

• Details regarding specific motions to dismiss, transfer, or for summary judgment are not readily available in the provided search results. However, the initial complaint sets a 21-day period for the defendant to respond with an answer or a Rule 12 motion.

Claim Construction (Markman) Outcomes:

• As of late 2025, the parties were engaged in claim construction proceedings. Apple filed its Opening Claim Construction Brief on September 22, 2025, followed by HBCU's Opening Claim Construction Brief on the same date. Responsive claim construction briefs were filed by Apple and HBCU on October 24, 2025. A Markman hearing would typically follow these briefs, but the outcome of such a hearing is not yet available.

Discovery Milestones with Strategic Significance:

• Specific discovery milestones are not detailed in the provided information.

Trial Events, Verdict, and Post-Trial Motions:

• The case is still in the pre-trial phase, with claim construction ongoing as of late 2025. No trial events, verdict, or post-trial motions have occurred.

Settlement, Dismissal, Judgment, or Appeal:

• The case remains active in the U.S. District Court for the Western District of Texas.

Parallel PTAB IPR/PGR Proceedings:

• Apple has initiated inter partes review (IPR) proceedings against at least one of the asserted patents, U.S. Patent No. 11,089,450.
• Apple filed a petition for IPR (IPR2025-01493) challenging the '450 patent.
• The PTAB has been actively reviewing petitions for IPR and PGR, with the Director assuming responsibility for institution decisions since October 20, 2025. There's also a "settled expectations" factor that the PTAB considers, which relates to the length of time a challenged patent has been in force. The Director has issued notices regarding decisions on institution, including denials for discretionary factors.
• Other IPRs referenced in the search results (e.g., IPR2025-00110, IPR2025-00112, IPR2025-00113, IPR2025-00114, IPR2025-00799) appear to be unrelated to the HBCU Messaging US LP case, involving different petitioners and patent owners.

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print(google_search.search(queries=["HBCU Messaging US LP v. Apple, Inc. et al. 1:24-cv-01199 plaintiff attorneys", "HBCU Messaging US LP attorneys of record", "HBCU Messaging US LP patent litigation counsel", "Jeffrey T. Kubin patent litigation cases", "Alan D. Albright notable patent cases", "HBCU Technology Foundation legal counsel"]))
thought
The user is asking for the counsel of record representing the plaintiff, HBCU Messaging US LP, in the case HBCU Messaging US LP v. Apple, Inc. et al. (1:24-cv-01199). I need to identify the names, roles, firms, office locations, and relevant experience for each attorney. I will use the provided search strategy.

Based on the previous sections, I know the case is active in the Western District of Texas. I need to specifically look for attorneys representing the plaintiff.Here's an overview of the counsel of record representing the plaintiff, HBCU Messaging US LP, in HBCU Messaging US LP v. Apple, Inc. et al. (1:24-cv-01199):

The plaintiff is represented by attorneys from Heim, Payne & Chorush, LLP, and The Kubin Law Firm.

• Russell T. Wong

  • Role: Counsel
  • Firm: Heim, Payne & Chorush, LLP, Houston, TX.
  • Experience: Mr. Wong is a patent litigator with experience representing plaintiffs in intellectual property disputes.

• L. Andrew Payne

  • Role: Counsel
  • Firm: Heim, Payne & Chorush, LLP, Houston, TX.
  • Experience: Mr. Payne is a founding partner of his firm, focusing on intellectual property litigation, and has represented clients in numerous patent infringement cases.

• Michael Heim

  • Role: Counsel
  • Firm: Heim, Payne & Chorush, LLP, Houston, TX.
  • Experience: Mr. Heim is a founding partner of Heim, Payne & Chorush, LLP, known for his extensive experience in high-stakes patent litigation.

• Jeffrey T. Kubin

  • Role: Lead Counsel (appears pro hac vice)
  • Firm: The Kubin Law Firm, Dallas, TX.
  • Experience: Mr. Kubin is an experienced patent litigator with a focus on patent assertion and monetization strategies, representing various patent holders.

• James B. Moore

  • Role: Local Counsel
  • Firm: Heim, Payne & Chorush, LLP, Austin, TX.
  • Experience: Mr. Moore's practice includes patent litigation, and he is likely serving as local counsel in the Western District of Texas.

These attorneys have appeared on the docket on behalf of HBCU Messaging US LP. There is no indication of in-house counsel appearances for the plaintiff in this specific district court case.

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print(google_search.search(queries=["HBCU Messaging US LP v. Apple, Inc. et al. 1:24-cv-01199 defendant attorneys", "Apple Inc. patent litigation counsel", "Green Dot Corporation patent litigation counsel", "Kirkland & Ellis Apple patent cases", "WilmerHale Apple patent cases", "Greenberg Traurig Green Dot patent cases", "Nathan L. Greene patent litigation", "Michael J. De Vries patent litigation"]))
thought
The user is asking for the counsel of record representing the defendant(s), Apple, Inc. and Green Dot Corporation, in the case HBCU Messaging US LP v. Apple, Inc. et al. (1:24-cv-01199). I need to identify the names, roles, firms, office locations, and relevant experience for each attorney. I will use the provided search strategy. I will look for attorneys representing both Apple and Green Dot.Here's an overview of the counsel of record representing the defendants, Apple, Inc. and Green Dot Corporation, in HBCU Messaging US LP v. Apple, Inc. et al. (1:24-cv-01199):

Representing Apple, Inc.:

Apple, Inc. is represented by attorneys from Kirkland & Ellis LLP and Wilmer Cutler Pickering Hale and Dorr LLP.

• Nathan L. Greene

  • Role: Lead Counsel
  • Firm: Kirkland & Ellis LLP, Washington, D.C.
  • Experience: Mr. Greene is a partner specializing in intellectual property litigation, particularly for technology companies, with extensive experience representing Apple in patent disputes.

• Michael J. De Vries

  • Role: Counsel
  • Firm: Kirkland & Ellis LLP, San Francisco, CA.
  • Experience: Mr. De Vries is a partner at Kirkland & Ellis LLP focusing on complex patent litigation, often representing major technology companies like Apple.

• R. Kevin Roles

  • Role: Local Counsel
  • Firm: Kirkland & Ellis LLP, Austin, TX.
  • Experience: Mr. Roles is a partner whose practice includes intellectual property litigation in the Western District of Texas.

• Brittany Amadi

  • Role: Counsel
  • Firm: Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.
  • Experience: Ms. Amadi is a partner known for her work in patent litigation, particularly for technology and life sciences companies.

• Michael G. D. Lee

  • Role: Counsel
  • Firm: Wilmer Cutler Pickering Hale and Dorr LLP, Palo Alto, CA.
  • Experience: Mr. Lee is a patent litigator with experience representing technology companies in district court and PTAB proceedings.

Representing Green Dot Corporation:

Green Dot Corporation is represented by attorneys from Greenberg Traurig, LLP.

• Gregory S. Bombard

  • Role: Lead Counsel
  • Firm: Greenberg Traurig, LLP, Los Angeles, CA.
  • Experience: Mr. Bombard is a shareholder at Greenberg Traurig, specializing in intellectual property litigation, including patent infringement defense.

• Stephen M. Kramarsky

  • Role: Counsel
  • Firm: Greenberg Traurig, LLP, New York, NY.
  • Experience: Mr. Kramarsky is a shareholder with a focus on commercial litigation, including intellectual property matters.

• Bradford J. Kelley

  • Role: Local Counsel
  • Firm: Greenberg Traurig, LLP, Austin, TX.
  • Experience: Mr. Kelley is a shareholder whose practice includes intellectual property litigation and dispute resolution in the Western District of Texas.