HyperQuery LLC v. Chaos Software GmbH et al.

HyperQuery LLC, identified as a patent assertion entity (PAE) and Non-Practicing Entity (NPE) associated with Jeffrey M. Gross, initiated a patent infringement lawsuit against Chaos Software GmbH, Chaos Software Eood, and Overwolf Ltd.. HyperQuery LLC focuses on enforcing intellectual property rights related to software and data management technologies. The defendants operate in distinct but related technology sectors. Chaos Software GmbH and Chaos Software Eood are leading global developers of 3D visualization and rendering software used in architecture, engineering, construction, media and entertainment, and product design, with key products including V-Ray and Enscape. Overwolf Ltd. is an Israeli software company providing a platform for developers to create and monetize in-game applications and mods for video games, distributed through its App Store. The accused products and services for Overwolf allegedly involve their app stores/marketplaces, and for Chaos Software, it likely pertains to their software download and distribution mechanisms.

The sole patent asserted in this litigation is U.S. Patent No. 9,529,918, titled "System and methods thereof for downloading applications via a communication network". This patent generally describes a system and method for intelligently searching for and downloading applications, where the system receives a user's search query, determines the search intent, selects relevant applications, displays them, establishes a direct communication link, and initiates the download. The case, 2:25-cv-00407, was filed in the U.S. District Court for the Eastern District of Texas and is assigned to District Judge James R. Gilstrap and Magistrate Judge Roy S. Payne. The Eastern District of Texas is a prominent and often plaintiff-friendly venue for patent litigation, known for its expedited dockets and experienced judges in patent disputes, making it a strategic choice for patent assertion entities. The case is consolidated with 2:25cv44, involving HyperQuery LLC and Overwolf Ltd..

This litigation is notable due to HyperQuery LLC's nature as an NPE and its pattern of asserting the same patent against numerous technology companies. The '918 patent has been asserted in over ten cases, targeting major players like Sony, Nintendo, Roku, Amazon, LG, Samsung, HP, and Electronic Arts, focusing on foundational app download and delivery methodologies. Furthermore, Unified Patents has actively challenged the patent's validity, filing an ex parte reexamination proceeding against US 9,529,918 in November 2024, which was instituted in December 2024 with a finding of "substantial new questions of patentability on all challenged claims". Prior art has also been identified for the patent. This highlights the ongoing scrutiny of the patent's enforceability and the broader context of patent assertions in the software distribution and gaming technology sectors.

Here are the key legal developments and current posture for HyperQuery LLC v. Chaos Software GmbH et al., Case No. 2:25-cv-00407, in the Eastern District of Texas:

Filing & Initial Pleadings:

• Complaint Filed: HyperQuery LLC initiated the patent infringement lawsuit on April 17, 2025, against Chaos Software GmbH, Chaos Software Eood, and Overwolf Ltd..
• Consolidation: An associated case, HyperQuery LLC v. Overwolf, Ltd. (Case No. 2:25-cv-00044), was consolidated with 2:25-cv-00407 on August 13, 2025, with 2:25-cv-00407 designated as the lead case for all pretrial issues.
• Second Amended Complaint: HyperQuery LLC filed a Second Amended Complaint for Patent Infringement against Chaos Software EOOD before October 29, 2025.
• Answers and Counterclaims: On October 29, 2025, Chaos Software EOOD filed an Answer to the Amended Complaint, which included a Counterclaim against HyperQuery LLC. HyperQuery LLC subsequently filed an Answer to Chaos Software EOOD's Counterclaim on October 30, 2025.

Pre-trial Motions of Substance:

• Motion to Dismiss (Docket No. 20) Denied: An earlier Motion to Dismiss (Docket No. 20), for which HyperQuery LLC had sought an extension to respond on October 6, 2025, was denied by Magistrate Judge Roy S. Payne on October 30, 2025.
• Motion to Dismiss (Docket No. 37) Filed: Chaos Software EOOD filed a separate Motion to Dismiss for Failure to State a Claim on October 29, 2025. HyperQuery LLC was granted an extension until November 19, 2025, to file its response to this motion.
• Discovery Order: A Motion for a Discovery Order was granted by Magistrate Judge Roy S. Payne on October 16, 2025.
• Protective Order: A Motion for Entry of a Protective Order was granted and signed by Magistrate Judge Roy S. Payne on October 27, 2025.
• Amended Docket Control Order: A Joint Motion to Amend/Correct the Scheduling Order was filed by the defendants, leading to an Amended Docket Control Order being signed by Magistrate Judge Roy S. Payne on October 28, 2025.

Claim Construction (Markman) Outcomes:

• The Amended Docket Control Order, issued on October 8, 2025, set the Markman/Claim Construction Hearing for October 1, 2026. As of June 1, 2026, this hearing has not yet occurred.

Discovery Milestones with Strategic Significance:

• The granting of the Discovery Order on October 16, 2025, and the Protective Order on October 27, 2025, are initial significant steps in the discovery process, enabling the exchange of information between the parties.

Trial Events, Verdict, and Post-Trial Motions:

• No trial events, verdict, or post-trial motions have occurred. The Docket Control Order set a Pretrial Conference for March 1, 2027, and Jury Selection for April 5, 2027.

Settlement, Dismissal, Judgment, or Appeal:

• The case remains open and active in the Eastern District of Texas. No settlement, dismissal, or final judgment has been reached.

Parallel PTAB IPR/PGR Proceedings:

• A search of the USPTO PTAB database for U.S. Patent No. 9,529,918 reveals no active or concluded Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings. However, Unified Patents announced on April 26, 2023, that prior art had been found on U.S. Patent 9,529,918, which is owned by HyperQuery LLC. This prior art relates to methods and systems for downloading applications via a communication network and has been asserted against other companies like LG, Samsung, and HP. This prior art finding could potentially be used in future PTAB challenges or in the ongoing district court litigation to argue for invalidity.

To identify the counsel of record for HyperQuery LLC in HyperQuery LLC v. Chaos Software GmbH et al., case number 2:25-cv-00407 in the E.D. Texas, a review of available docket information and legal databases was conducted.

The following attorneys have appeared as counsel for the plaintiff, HyperQuery LLC, in this case:

• Matthew J. Antonelli

  • Role: Lead Counsel
  • Firm: Antonelli, Harrington & Thompson LLP (AHT Lawfirm), Houston, TX
  • Relevant Experience: Mr. Antonelli is a founding partner of AHT Lawfirm, which focuses on patent litigation. He has extensive experience litigating patent cases nationwide, particularly in the Eastern District of Texas, and has experience as a trial attorney, examining witnesses, arguing motions, and conducting Markman hearings. He is also a registered patent attorney with experience in reexaminations.

• Alfonso G. Chan

  • Role: Lead Counsel
  • Firm: Cahill Gordon & Reindel LLP, Washington, D.C.
  • Relevant Experience: Mr. Chan is a trial lawyer specializing in litigating and licensing complex intellectual property cases for universities, research institutes, and technology companies. His practice primarily focuses on semiconductors, electronic technology, biomaterials, and medical devices. He represents clients in district courts nationwide and before the Federal Circuit Court of Appeals and is registered to practice before the U.S. Patent and Trademark Office (USPTO), with experience in inter partes review (IPR) proceedings. He was recently quoted regarding the Federal Circuit's denials of mandamus petitions concerning patent challenges.

• Joseph H. Safron (David S. Safran)

  • Role: Counsel
  • Firm: CSW Intellectual Property Law, Washington, D.C.
  • Relevant Experience: David S. Safran has over three decades of intellectual property experience, encompassing patent and trademark prosecution, licensing, litigation, and validity and infringement counseling for both foreign and domestic clients. He also has substantial experience in arbitrating and mediating civil disputes, including ICANN domain name disputes.

While Isaac Rabicoff is noted as counsel for HyperQuery LLC in other patent infringement cases in different districts, the provided search results do not explicitly show his appearance in HyperQuery LLC v. Chaos Software GmbH et al. (2:25-cv-00407). Similarly, a Jonathan B. Leavitt was not explicitly identified as counsel in this specific case, and other individuals with that name appear to be in different legal fields or are historical figures.

The following attorneys represent the defendants Chaos Software GmbH, Chaos Software Eood, and Overwolf Ltd. in HyperQuery LLC v. Chaos Software GmbH et al. in the Eastern District of Texas:

• Lance Wyatt

  • Role: Lead Counsel (assumed based on involvement in joint motion for all defendants)
  • Firm: Fish & Richardson P.C., Dallas, Texas.
  • Relevant Experience: Wyatt focuses his practice on patent litigation across various disciplines, including software and computer technologies. He has extensive experience in U.S. district courts, including the Eastern and Western Districts of Texas, and before the Patent Trial and Appeal Board. He previously clerked for the Honorable Kara F. Stoll of the U.S. Court of Appeals for the Federal Circuit. Notably, he represented Live Nation and Ticketmaster in a patent infringement case in the Western District of Texas, which resulted in a jury verdict of non-infringement, nullifying a potential $112 million damages award. He also recently secured a victory for multiple defendants by winning claim construction on key terms in a case brought by a non-practicing entity.

• Neil J. McNabnay

  • Role: Counsel (appeared for Chaos Software EOOD, likely part of the broader defense team)
  • Firm: Fish & Richardson P.C., Dallas, Texas.
  • Relevant Experience: McNabnay's practice emphasizes patent litigation for clients in diverse industries such as software, hardware, semiconductors, telecommunications, and aerospace/defense. He has substantial experience serving as defense counsel in large-scale patent litigation. He previously served as a clerk to the Honorable A. Joe Fish, U.S. district court for the Northern District of Texas. His notable cases include obtaining dismissal or summary judgment for clients like Expedia and Travelocity in e-commerce patent disputes, and securing favorable settlements for various technology companies in patent infringement suits involving microprocessors, mail sorting, and electronic article surveillance.