Headwater Research LLC v. Amazon.com, Inc.

This patent infringement litigation, Headwater Research LLC v. Amazon.com, Inc., involves Headwater Research LLC, a non-practicing entity (NPE) or patent assertion entity (PAE) focused on mobile device intelligence, background data management, and network optimization technologies, as the plaintiff. Headwater Research was founded by Dr. Gregory Raleigh, a scientist with extensive experience in networking and cloud software, and has a history of active patent litigation against major consumer electronics manufacturers and wireless carriers. The defendant, Amazon.com, Inc., is a global e-commerce and cloud computing giant. The case alleges infringement of U.S. Patent No. 10,321,320, which is broadly directed to intelligent mobile device communication methods. While specific accused products or services by Amazon are not detailed in the provided snippets, Headwater Research's litigation patterns suggest a focus on technologies related to mobile connectivity, data management, and cloud messaging. Another lawsuit filed by Headwater Research against Amazon, Walmart, and Target in the Eastern District of Texas asserts patents related to cloud messaging, with Google's Firebase Cloud Messaging (FCM) identified as a target technology in a related case.

The case is currently active in the Western District of Texas, case number 7:25-cv-00286, and is presided over by Judge Alan D. Albright. The Western District of Texas, particularly its Waco division, has been a significant venue for patent litigation, largely due to Judge Albright's efforts to attract such cases through his patent-specific procedures and fast-paced docket. However, a July 2022 order by the Chief Judge of the Western District of Texas aimed to reduce the concentration of patent cases before Judge Albright by implementing random assignment among 12 judges for new patent cases filed in the Waco Division. Despite this, Judge Albright continued to receive a substantial share of Waco's patent litigation, partly due to a practice of assigning related cases to the same judge. Judge Albright has recently announced plans to step down from the federal bench later this year, which is expected to influence future patent venue strategies.

This case is notable given Headwater Research's status as an NPE with an aggressive assertion campaign, reflected in its numerous litigations against major tech and telecom companies, including Apple, Google, Samsung, Verizon, and T-Mobile. Headwater has experienced successes, including a $278 million jury verdict against Samsung in the Eastern District of Texas for cloud messaging-related patents. The assertion of patent 10,321,320 has also been part of a campaign against Google, targeting its cloud messaging infrastructure, which settled before a Markman hearing. Parallel to the district court litigation, an Inter Partes Review (IPR) against patent 10,321,320 was instituted by Amazon Web Services Inc. in November 2025 and is currently pending. This pattern of simultaneous litigation and IPR proceedings is a common strategy in patent disputes involving NPEs. The partial settlement with Apple Inc. in November 2025 further indicates Headwater's active engagement in licensing and enforcement of its patent portfolio.

The patent infringement litigation, Headwater Research LLC v. Amazon.com, Inc. et al. (7:25-cv-00286), was filed in the U.S. District Court for the Western District of Texas. The case is active and has seen several key developments, including a partial settlement concerning Apple Inc. products and services, and institution of an inter partes review (IPR) for one of the asserted patents.

Here are the key legal developments and outcomes in chronological order:

Filing & Initial Pleadings

• Complaint Filed (2025-06-20): Headwater Research LLC initiated the lawsuit against Amazon.com, Inc., Amazon.com Services LLC, and Amazon Web Services, Inc. in the Western District of Texas. The complaint alleges infringement of U.S. Patent Nos. 9,615,192 and 10,321,320, specifically targeting Amazon Device Messaging (ADM) used in devices like Fire tablets, Fire TV, and Echo Show.
• Case Reassignment (2025-06-25): The case was initially assigned to Judge David Counts but was reassigned to Judge Alan D. Albright for all proceedings.
• Preliminary Infringement Contentions (2025-10-17): Headwater Research LLC served its preliminary infringement contentions, detailing where in the accused products each element of the asserted claims is found.
• Preliminary Invalidity Contentions (2025-12-12): Defendants Amazon.com Services LLC and Amazon Web Services, Inc. served their preliminary invalidity contentions.

Pre-Trial Motions of Substance

• Notice of Partial Settlement (2025-11-10): Headwater Research LLC filed a notice of partial settlement regarding claims and liability associated with Apple Inc. products and services. This followed a worldwide settlement agreement between Headwater and Apple Inc. on October 28, 2025, where Headwater licensed its patents to Apple and released claims against Apple and any claims against the Amazon defendants pertaining to Apple's products and services. Headwater stated that no amendment to the complaint was necessary as its complaint did not originally allege infringement as to Apple products or services.
• Motion to Stay Pending IPR (2025-12-23): Defendants Amazon Web Services, Inc. and Amazon.com Services LLC filed a "MOTION to Stay Case Pending Inter Partes Review."
• Opposition to Motion to Stay (2025-12-30): Headwater Research LLC filed a response in opposition to Amazon's motion to stay.
• Reply in Support of Motion to Stay (2026-01-13): Amazon filed a reply brief in support of its motion to stay.

Claim Construction (Markman)

• Scheduling Order Issued (2026-03-11): Judge Alan D. Albright issued a scheduling order for the case.
• Claim Construction Briefing: The scheduling order set the following deadlines for claim construction briefing:
  • Plaintiff's Opening Claim Construction Brief: February 11, 2026.
  • Defendant's Opening Claim Construction Brief / Plaintiff's Responsive Brief: February 25, 2026.
  • Defendant's Reply Claim Construction Brief: March 11, 2026.
  • Plaintiff's Sur-Reply Claim Construction Brief: March 25, 2026.
  • Joint Claim Construction Statement: April 6, 2026.
• Markman Hearing (2026-04-15): A Markman hearing was scheduled before Judge Alan D. Albright.

Discovery Milestones

• Fact Discovery Opens (2026-04-16): The deadline to serve initial disclosures per Rule 26(a) and the opening of fact discovery was April 16, 2026.
• Deadline to Add Parties (2026-05-27): The deadline for adding new parties to the case was May 27, 2026.
• Final Infringement and Invalidity Contentions (2026-06-17): The deadline for serving final infringement and invalidity contentions is June 17, 2026.
• Amend Pleadings for Indirect/Willful Infringement (2026-08-21): The deadline to amend pleadings to re-plead pre-suit indirect infringement, pre-suit willful infringement, and pre-suit and post-suit contributory infringement is August 21, 2026.
• General Deadline to Amend Pleadings (2026-09-04): The general deadline to amend pleadings (not adding patents or patent claims) is September 4, 2026.

Trial Events

• Trial Date (2027-04-28): The scheduling order sets the trial date for April 28, 2027.
• Daubert/Dispositive Motions (2027-03-03): The deadline for filing Daubert/Dispositive Motions is March 3, 2027.

Parallel PTAB IPR Proceedings

• IPR2026-00106 (U.S. Patent 10,321,320): Amazon Web Services Inc. (along with Amazon.com Services LLC) filed an Inter Partes Review (IPR) petition for U.S. Patent 10,321,320 on November 10, 2025. This IPR was instituted on April 28, 2026, and is currently pending.
• IPR2026-00153 (U.S. Patent 10,321,320): Target Corporation also filed an IPR petition for U.S. Patent 10,321,320 on November 25, 2025. This petition was not instituted on procedural grounds as of March 23, 2026.

Present Posture

The case remains active and is proceeding through claim construction and discovery phases. The partial settlement has resolved claims related to Apple products, but the litigation against Amazon continues. The institution of IPR2026-00106 on U.S. Patent 10,321,320 will likely influence the district court proceedings, potentially leading to a stay of the litigation claims related to that patent. The trial is currently scheduled for April 28, 2027.

The plaintiff, Headwater Research LLC, in Headwater Research LLC v. Amazon.com, Inc. (7:25-cv-00286), is represented by attorneys from Russ August & Kabat. The following counsel of record have appeared on behalf of Headwater Research LLC:

Lead Counsel (Russ August & Kabat - Los Angeles, CA):

• Marc A. Fenster (Lead Counsel)
  • Firm: Russ August & Kabat, Los Angeles, CA.
  • Experience: Spearheaded Headwater Research LLC's patent trial team, securing a $175 million jury verdict against Verizon Communications in July 2025 and a verdict of over $278 million against Samsung in April 2025 for patent infringement.
• Reza Mirzaie (Lead Counsel)
  • Firm: Russ August & Kabat, Los Angeles, CA.
  • Experience: Part of the trial team that won a $175 million patent infringement verdict for Headwater Research LLC against Verizon Communications and was involved in securing a multi-million dollar verdict against Samsung.
• Brian D. Ledahl (Lead Counsel)
  • Firm: Russ August & Kabat, Los Angeles, CA.
  • Experience: Member of the Russ August & Kabat patent trial team that achieved significant verdicts for Headwater Research LLC in patent infringement cases against Verizon and Samsung.
• Dale Chang (Lead Counsel)
  • Firm: Russ August & Kabat, Los Angeles, CA.
  • Experience: Served on the trial team for Headwater Research LLC that obtained a $175 million jury verdict against Verizon Communications.
• Kristopher R. Davis (Lead Counsel)
  • Firm: Russ August & Kabat, Los Angeles, CA.
  • Experience: Contributed to the trial team that secured a substantial patent infringement verdict for Headwater Research LLC against Verizon.
• James N. Pickens (Lead Counsel)
  • Firm: Russ August & Kabat, Los Angeles, CA.
  • Experience: Listed as counsel for Headwater Research LLC and was part of the patent trial team that achieved a $175 million jury verdict for Headwater against Verizon.
• James S. Tsuei (Lead Counsel)
  • Firm: Russ August & Kabat, Los Angeles, CA.
  • Experience: A member of the Russ August & Kabat team that won a $175 million jury verdict for Headwater Research LLC against Verizon Communications.
• Jason M. Wietholter (Lead Counsel)
  • Firm: Russ August & Kabat, Los Angeles, CA.
  • Experience: Part of the patent trial team representing Headwater Research LLC, notably involved in the successful litigation against Verizon Communications.
• Paul A. Kroeger (Lead Counsel)
  • Firm: Russ August & Kabat, Los Angeles, CA.
  • Experience: Listed as counsel for Headwater Research LLC in multiple patent infringement cases, including this one against Amazon.

Local Counsel (Russ August & Kabat - Dallas, TX):

• Qi (Peter) Tong (Local Counsel)
  • Firm: Russ August & Kabat, Dallas, TX.
  • Experience: Represents Headwater Research LLC in patent litigation, serving as local counsel in Texas.

Here is the counsel of record representing the defendant(s) in Headwater Research LLC v. Amazon.com, Inc.:

Perkins Coie LLP

Firm Office Locations: Perkins Coie LLP has numerous offices, but the identified attorneys primarily practice from their Austin, San Francisco, and Madison locations.

• David R. Pekarek Krohn

  • Role: Counsel
  • Firm & Office Location: Perkins Coie LLP, Madison, WI
  • Experience: Patent and appellate litigator with technical experience in electrical engineering and computer science, litigating patents related to smartphones, cloud computing, streaming media, and video game systems. He also handles inter partes reviews and Federal Circuit appeals.

• Janice L. Ta

  • Role: Counsel
  • Firm & Office Location: Perkins Coie LLP, Austin, TX
  • Experience: Intellectual property lawyer who helps companies enforce, license, and litigate rights related to patents, trade secrets, trademarks, and copyrights, with experience in technologies such as semiconductors, Wi-Fi, streaming, and networking. She previously served as a judicial clerk to the Honorable Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit.

• Nathan B. Sabri

  • Role: Counsel
  • Firm & Office Location: Perkins Coie LLP, San Francisco, CA
  • Experience: Trial lawyer experienced in complex patent, copyright, and trademark issues across various industries, including hardware, software, and design. He has achieved significant results in high-profile smartphone cases and has represented Amazon in patent litigation.

• Adam G. Hester

  • Role: Counsel (appeared pro hac vice)
  • Firm & Office Location: Perkins Coie LLP (specific office not explicitly stated in profile, but the firm has many offices)
  • Experience: Focuses on patent litigation across various technology areas, including digital rights management, telecommunications, digital imaging, and gaming. He assists in drafting procedural and discovery motions, preparing invalidity contentions, and coordinating discovery.

Note on Thomas N. Millikan: While Thomas N. Millikan was listed as counsel for Amazon by PacerMonitor as of June 20, 2025, a May 2, 2026 report indicates he, along with other partners, moved from Perkins Coie to Sheppard Mullin. It is highly probable he is no longer representing Amazon in this specific case through Perkins Coie. Without direct access to a current docket for 7:25-cv-00286, it cannot be confirmed if he has filed an appearance through his new firm or if his representation has ceased. Therefore, he is not definitively listed as current counsel.

The Dacus Firm, P.C.

• Deron R. Dacus
  • Role: Local Counsel
  • Firm & Office Location: The Dacus Firm, P.C., Tyler, TX
  • Experience: A board-certified civil trial lawyer with extensive experience in patent litigation, particularly in the Eastern District of Texas, having represented clients in over 1,000 patent cases. His practice focuses primarily on business, commercial, and patent litigation.