Litigation

Headwater Research LLC v. Verizon Communications et al.

Voluntarily dismissed without prejudice

2:25-cv-00709

Filed
2025-07-11
Terminated
2025-09-26

Patents at issue (1)

9615192PTAB challenge active

Plaintiffs (1)

Defendants (2)

Summary

Headwater Research LLC's patent infringement action against Cellco Partnership (dba Verizon Wireless) was voluntarily dismissed without prejudice on September 26, 2025. This case was filed on July 11, 2025, in the Eastern District of Texas.

Case overview & background

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

Headwater Research LLC, a non-practicing entity (NPE) or patent assertion entity (PAE) focused on mobile device and wireless connectivity patents, filed a patent infringement lawsuit against Verizon Communications and its subsidiary Cellco Partnership, doing business as Verizon Wireless. Verizon Communications is a major operating company and one of the largest wireless telecommunications providers in the United States. The lawsuit, case number 2:25-cv-00709, was filed in the Eastern District of Texas on July 11, 2025.

The complaint alleged infringement of U.S. Patent No. 9,615,192, and according to some sources, U.S. Patent No. 9,491,564 B1 and U.S. Patent No. 9,232,403 B2 were also asserted in this case or closely related actions. Patent 9,615,192 generally relates to a "message link server with plural message delivery triggers," which falls under mobile device communication technologies concerning intelligent data policy management for mobile devices. The accused products and services were Verizon's mobile electronic devices, including smartphones and tablets, and their related communication technologies.

The case was voluntarily dismissed without prejudice by Headwater Research LLC on September 26, 2025, just 77 days after filing, indicating a quick resolution without reaching substantive motion practice or claim construction. The Eastern District of Texas (EDTX) is a historically popular venue for patent plaintiffs, often favored by NPEs due to its reputation for plaintiff-friendly procedures and quicker trials. This particular case is notable as part of Headwater Research's aggressive and ongoing patent assertion campaign across the wireless communications sector, targeting major players like Verizon, Samsung, Google, and T-Mobile with patents related to mobile data policy management. The "without prejudice" dismissal allows Headwater Research the option to refile the same claims against Verizon in the future, suggesting a tactical pause or a confidential settlement, which is a common outcome in high-stakes patent cases involving NPEs.

Key legal developments & outcome

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

Headwater Research LLC's patent infringement litigation against Verizon Communications and Cellco Partnership (dba Verizon Wireless), case number 2:25-cv-00709 in the Eastern District of Texas, saw a rapid resolution through voluntary dismissal without prejudice.

Key Legal Developments and Outcome:

  • Filing & Initial Pleadings (Complaint, Answer, Counterclaims):

    • 2025-07-11: Headwater Research LLC filed the patent infringement lawsuit against Verizon Communications and Cellco Partnership dba Verizon Wireless in the Eastern District of Texas.
    • Patents Asserted: The case metadata provided for this task lists U.S. Patent No. 9,615,192. However, a detailed analysis of this specific case (2:25-cv-00709) indicates that U.S. Patent No. 9,491,564 B1 and U.S. Patent No. 9,232,403 B2 were asserted, both related to intelligent data policy management for mobile devices. This contradicts the case metadata provided, which only lists U.S. Patent No. 9,615,192.
    • Given the swift dismissal, Verizon did not serve an answer or a motion for summary judgment, as the plaintiff's voluntary dismissal was filed under Federal Rule of Civil Procedure 41(a)(1)(A)(i), which allows dismissal before such filings.

  • Pre-trial Motions of Substance:

    • The case did not progress to substantive motion practice, such as motions to dismiss, transfer, or stay pending IPR.

  • Claim Construction (Markman) Outcomes:

    • The litigation did not reach the claim construction (Markman) stage.

  • Discovery Milestones:

    • There is no public record of significant discovery milestones, which is consistent with the early dismissal of the case.

  • Trial Events, Verdict, and Post-Trial Motions:

    • No trial occurred, and therefore no verdict or post-trial motions were rendered in this case. It is important to note that a $175 million jury verdict against Verizon on July 24, 2025, mentioned in some legal news, pertains to a different patent infringement case involving Headwater Research LLC and does not relate to 2:25-cv-00709. For the case against Verizon Communications et al. (2:25-cv-00709), no damages were awarded, and no injunctive relief was granted or denied.

  • Settlement, Dismissal, Judgment, or Appeal:

    • 2025-09-26: Headwater Research LLC voluntarily dismissed the case without prejudice. This dismissal occurred just 77 days after the complaint was filed.
    • All pending claims and causes of action were dismissed, and all unresolved requests for relief were denied as moot.
    • The dismissal "without prejudice" preserves Headwater Research LLC's right to refile the same patent claims against Verizon in the future, subject to applicable statutes of limitations. The public record does not indicate whether this quick resolution was a result of pre-litigation negotiations or a confidential settlement.

  • Parallel PTAB IPR/PGR Proceedings on the Asserted Patents:

    • While Headwater Research LLC is involved in multiple IPR proceedings for various patents in its portfolio, no IPRs were filed by Verizon Communications against the patents identified as being at issue in this specific case (U.S. Patent No. 9,491,564 B1 and U.S. Patent No. 9,232,403 B2, or U.S. Patent No. 9,615,192) that were active or instituted during the short duration of this litigation.
    • Subsequent to the dismissal of this case, other entities filed IPRs against patents held by Headwater Research LLC:
      • U.S. Patent No. 9,615,192 B2: Target Corp. filed IPR2026-00154 on 2025-11-25, which was "Not Instituted - Procedural" on 2026-03-23. Amazon Web Services Inc. also filed IPR2026-00088 on 2025-11-10.
      • U.S. Patent No. 9,491,564 B1: Google LLC filed IPR2026-00271 on 2026-03-27, which is currently pending.
      • U.S. Patent No. 9,232,403 B2: Google LLC filed IPR2026-00203 on 2026-01-23, which is currently pending.
    • These later-filed IPRs by other parties did not affect the disposition of Headwater Research LLC v. Verizon Communications et al. (2:25-cv-00709).

Plaintiff representatives

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

Headwater Research LLC was represented by a combination of lead counsel from Russ August & Kabat LLP and local counsel from Miller Fair Henry PLLC (formerly Ward, Smith & Hill, PLLC) in this patent infringement action.

The identified counsel of record for the plaintiff include:

  • Marc A. Fenster

    • Role: Lead Counsel
    • Firm: Russ August & Kabat LLP, Los Angeles, California.
    • Experience Note: Marc Fenster is a prominent patent litigator, and his firm, Russ August & Kabat LLP, frequently represents Headwater Research LLC in its patent assertion campaigns, including other cases against Verizon that have resulted in significant jury verdicts.

  • Andrea Leigh Fair

    • Role: Local Counsel (likely, based on consistent appearances in Headwater EDTX cases)
    • Firm: Miller Fair Henry PLLC, Longview, Texas. (The firm was formerly Ward, Smith & Hill, PLLC, and the name partners transitioned on October 1, 2024, to Miller Fair Henry.)
    • Experience Note: Ms. Fair is recognized for her excellence in intellectual property litigation and has been involved in securing substantial jury verdicts in patent infringement cases, including for Headwater Research, in the Eastern District of Texas. Her firm has a strong reputation in high-stakes intellectual property trials in the district.

Other attorneys from Russ August & Kabat LLP who frequently appear for Headwater Research LLC in Eastern District of Texas patent litigation and were part of the broader legal team representing Headwater in related cases against Verizon and other technology companies include:

  • Reza Mirzaie (Russ August & Kabat LLP, Los Angeles, California)
  • Brian D. Ledahl (Russ August & Kabat LLP, Los Angeles, California)
  • Benjamin T. Wang (Russ August & Kabat LLP, Los Angeles, California)
  • Dale Chang (Russ August & Kabat LLP, Los Angeles, California)
  • Kristopher Ryan Davis (Russ August & Kabat LLP, Los Angeles, California)
  • Adam S. Hoffman (Russ August & Kabat LLP, Los Angeles, California)
  • Minna Y. Jay (Russ August & Kabat LLP, Los Angeles, California)
  • Mackenzie Paladino (Russ August & Kabat LLP, Los Angeles, California)
  • James N. Pickens (Russ August & Kabat LLP, Los Angeles, California)
  • James Shrin Tsuei (Russ August & Kabat LLP, Los Angeles, California)
  • Philip X. Wang (Russ August & Kabat LLP, Los Angeles, California)
  • Jason Wietholter (Russ August & Kabat LLP, Los Angeles, California)
  • Neil Alan Rubin (Russ August & Kabat LLP, Los Angeles, California)
  • Paul Anthony Kroeger (Russ August & Kabat LLP, Los Angeles, California)
  • James A. Milkey (Russ August & Kabat LLP, Los Angeles, California)
  • Qi Tong (Russ August & Kabat LLP, Los Angeles, California)

Additionally, Garrett C. Parish from Miller Fair Henry PLLC (Longview, Texas) is also listed as representing Headwater in related cases.

Defendant representatives

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

Counsel of record representing Verizon Communications and Cellco Partnership dba Verizon Wireless in Headwater Research LLC v. Verizon Communications et al. (2:25-cv-00709) was:

  • Name: Deron R. Dacus
  • Role: Lead Counsel
  • Firm: The Dacus Firm PC.
  • Office Location: Tyler, Texas (Eastern District of Texas).
  • Note: Deron Dacus is experienced patent litigation counsel, familiar with the Eastern District of Texas, and has represented Verizon in other patent infringement matters in the district.