HyperQuery LLC v. Creatio Emea Ltd

HyperQuery LLC, the plaintiff in this patent infringement lawsuit, appears to operate as a patent assertion entity (PAE) or non-practicing entity (NPE). Several sources consistently identify HyperQuery LLC (with the space) as an NPE or IP holding company that asserts patent rights in litigation. It is associated with Jeffrey M. Gross. In contrast, a company named "Hyperquery" (without the space) is described as a developer of a collaborative workspace for analytics, which was acquired by Deepnote in July 2024, becoming an operating subsidiary. Given the context of patent litigation and the specific naming in the case caption, HyperQuery LLC refers to the patent assertion entity. The defendant, Creatio Emea Ltd, is a software company based in Massachusetts, US, that specializes in CRM (Customer Relationship Management) and BPM (Business Process Management) solutions, offering low-code platforms for automating business processes and developing applications. Its products include an AI-driven CRM and workflow platform.

The lawsuit centers on U.S. Patent No. 9,529,918, titled "System and methods thereof for downloading applications via a communication network". This patent generally relates to techniques for searching for mobile applications ("apps") and downloading them to a user device, more specifically focusing on searching for applications based on the intent of a user. The complaint alleges that Creatio Emea Ltd's products and services, particularly its CRM and workflow platform which enables users to build and utilize applications, infringe this patent. While the exact accused products are not explicitly detailed in the immediately available search snippets for this specific case, prior assertions of the '918 patent by HyperQuery LLC against other defendants have focused on app download ecosystems and related technologies. Creatio's platform offers features like pre-built and custom integrations, application lifecycle management, and mobile experiences, which could involve app download and search functionalities.

The case was filed on June 23, 2025, in the U.S. District Court for the Eastern District of Texas (E.D. Texas), and is currently open. The assigned judges are District Judge Rodney Gilstrap and Magistrate Judge Roy S. Payne. The E.D. Texas is a historically significant venue for patent litigation, often favored by plaintiffs due to its reputation for fast trials and plaintiff-friendly procedural rules. Although the Supreme Court's 2017 TC Heartland decision restricted venue options for domestic corporations, plaintiffs have employed strategies, such as suing foreign affiliates, to continue filing in the E.D. Texas, as the general venue statute allows suits against foreign defendants in any judicial district with personal jurisdiction. Creatio Emea Ltd, while having a US presence, also has a Cyprus registration, which might be relevant to venue considerations for foreign defendants.

This case is notable due to HyperQuery LLC's characteristics as a prolific patent assertion entity. The asserted '918 patent has been involved in over ten other litigations against major technology companies like Sony, Nintendo, Roku, Amazon, LG, Samsung, and HP, often resulting in voluntary dismissals. Furthermore, Unified Patents, an organization dedicated to deterring abusive patent litigation, filed an ex parte reexamination proceeding against the '918 patent in November 2024, successfully challenging its validity. In December 2024, the Central Reexamination Unit (CRU) found substantial new questions of patentability on all challenged claims of the '918 patent, indicating a significant challenge to the patent's enforceability. This ongoing reexamination adds a critical layer to the patent's validity and the overall landscape of HyperQuery LLC's assertion strategy.

The patent infringement litigation between HyperQuery LLC and Creatio Emea Ltd (2:25-cv-00654) commenced on June 23, 2025, in the Eastern District of Texas. The case is currently active.

Here's a breakdown of the key legal developments:

1. Filing & Initial Pleadings:

• Complaint Filed: HyperQuery LLC filed its complaint for patent infringement against Creatio Emea Ltd on June 23, 2025. The complaint alleges that Creatio Emea Ltd's products, which involve downloading applications based on user queries, infringe U.S. Patent No. 9,529,918, titled "System and methods thereof for downloading applications via a communication network."
• Indirect and Willful Infringement Allegations: HyperQuery LLC alleged induced infringement, claiming Creatio Emea Ltd distributes materials that induce users to infringe the patent. The complaint also alleged willful infringement based on post-suit knowledge, asserting that continued infringement after receiving the complaint and claim charts constitutes willfulness.

2. Pre-trial Motions of Substance:
As of the current date (June 1, 2026), there is no publicly available information indicating any substantive pre-trial motions such as motions to dismiss, transfer, or stay pending IPR specifically filed in HyperQuery LLC v. Creatio Emea Ltd. The case is still relatively new.

3. Claim Construction (Markman) Outcomes:
There is no information available yet regarding a Markman hearing or claim construction order in this case.

4. Discovery Milestones:
While specific discovery milestones for this particular case are not detailed in the provided search results, it's worth noting that in related cases involving HyperQuery LLC and the same patent, joint motions for entry of protective orders and discovery orders have been filed and granted (e.g., in HyperQuery LLC v. Chaos Software GmbH, 2:25-cv-00407). This suggests that discovery is likely underway or anticipated in the Creatio Emea Ltd case as well.

5. Trial Events, Verdict, and Post-Trial Motions:
The case is still open and has not yet reached the trial stage.

6. Settlement, Dismissal, Judgment, or Appeal:
The case remains active.

7. Parallel PTAB IPR/PGR Proceedings:
There is no publicly available information indicating any parallel PTAB IPR or PGR proceedings specifically challenging U.S. Patent No. 9,529,918 in relation to Creatio Emea Ltd. However, the patent itself, U.S. Patent No. 9,529,918, has been asserted in numerous other district court cases by HyperQuery LLC.

HyperQuery LLC, a patent assertion entity, is likely represented by Isaac Rabicoff of Rabicoff Law LLC as lead counsel in its patent infringement suit against Creatio Emea Ltd in the Eastern District of Texas. While direct counsel appearance records for case 2:25-cv-00654 were not explicitly found in public web searches, Isaac Rabicoff has consistently represented HyperQuery LLC in other patent infringement actions, including cases in the Eastern and Western Districts of Texas.

Isaac Rabicoff

• Role: Lead Counsel (Likely)
• Firm: Rabicoff Law LLC, Chicago, Illinois
• Experience: Isaac Rabicoff founded Rabicoff Law, which was among Lex Machina's top 3 law firms in 2017 for most active patent litigation. He has extensive experience leading licensing campaigns against major technology companies such as Amazon, Microsoft, Sony, Apple, LG, Huawei, Samsung, and Google. He has successfully defeated numerous Inter Partes Reviews (IPRs) and Covered Business Method (CBM) reviews, including petitions filed by Mastercard. Rabicoff is admitted to practice before the U.S. District Court for the Eastern District of Texas and has argued before the Federal Circuit.

Additionally, M&B IP Analysts LLC has been identified as the "Patent Owner Law Firm" (P.O. LAW FIRM) for HyperQuery LLC in a related ex parte reexamination proceeding concerning U.S. Patent No. 9,529,918, the same patent at issue in this case [cite: 3 in previous turn]. This suggests their involvement in patent prosecution and strategic management of HyperQuery LLC's patent portfolio.

• Firm: M&B IP Analysts LLC, Bernardsville, New Jersey
• Experience: M&B IP Analysts LLC provides patent law, analysis, drafting, and filing services, with expertise in global patent protection, IP monetization, and IP due diligence for technology startups. Kevin Xu, a senior patent attorney at the firm, has over a decade of experience in patent drafting and prosecution, particularly in areas like artificial intelligence, software, cybersecurity, and cloud backup.

Given the venue, it is common for plaintiffs in the Eastern District of Texas to also engage local counsel, although attorneys admitted to the E.D. Texas bar, like Isaac Rabicoff, can fulfill both lead and local counsel roles. Firms like Davis Firm P.C. and Klemchuk PLLC are known for providing local counsel services in the Eastern District of Texas for patent litigation. However, specific local counsel for HyperQuery LLC in this particular case has not been identified through public web searches.

I am unable to identify the specific counsel of record representing Creatio Emea Ltd in HyperQuery LLC v. Creatio Emea Ltd, Case No. 2:25-cv-00654 (E.D. Texas). Based on the available search results, direct access to the PACER docket for this specific case was not possible, which would be the primary source for identifying counsel who have entered an appearance. Consequently, I cannot provide details on attorney names, roles, firms, office locations, or their relevant patent litigation experience for this case.