Litigation

HyperQuery LLC v. HTC Corporation

Voluntarily dismissed without prejudice

2:25-cv-00409

Filed
2025-04-17
Terminated
2025-05-28

Patents at issue (1)

9529918

Plaintiffs (1)

Defendants (1)

Summary

HyperQuery LLC filed a patent infringement suit against HTC Corporation, which was voluntarily dismissed without prejudice, resulting in no damages or injunctive relief.

Case overview & background

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

HyperQuery LLC, a patent assertion entity (PAE) associated with Jeffrey M. Gross, initiated a patent infringement lawsuit against HTC Corporation, a Taiwanese consumer electronics company known for its smartphones, tablets, and virtual reality devices. The litigation targeted HTC's smartphone and device lineup, specifically accusing their "app download ecosystems" of infringing the asserted patent. The sole patent at issue was U.S. Patent No. 9,529,918, titled "System and methods thereof for downloading applications via a communication network." This patent generally describes a method and system for downloading applications by receiving a user's search query, determining the user's search intent, and subsequently initiating the download of a selected application.

The case was filed in the Eastern District of Texas (E.D. Tex.), a jurisdiction historically favored by patent plaintiffs, particularly NPEs, due to its reputation for plaintiff-friendly procedural rules, accelerated trial schedules, and experienced patent juries. Although the specific presiding judge for this brief case is not explicitly identified in public records, the Eastern District of Texas, particularly the Marshall division where this case (2:25-cv-00409) would typically be heard, is known for its "rocket docket" approach to patent litigation. The venue choice by HyperQuery LLC aligns with a broader strategy of patent assertion entities leveraging the district's established patent litigation infrastructure.

This case is notable for several reasons. HyperQuery LLC is identified as an active non-practicing entity, and its suit against HTC reflects a common pattern of PAEs asserting software-related patents against major device manufacturers and digital platforms. The '918 patent has been asserted in numerous other litigations against various technology companies, including LG, Samsung, HP, Sony, Nintendo, Roku, Amazon, and Electronic Arts, indicating a widespread assertion campaign. Furthermore, the case was remarkably short-lived, voluntarily dismissed without prejudice in just 41 days—an exceptionally fast resolution even by NPE litigation standards. Such pre-answer dismissals are often strategic, allowing the plaintiff to preserve the option to refile in the future while avoiding substantive rulings on validity or infringement that could be triggered by a defendant's early engagement, such as filing an Inter Partes Review (IPR) petition. In fact, Unified Patents has proactively challenged the '918 patent, with prior art being found in 2023, and an ex parte reexamination initiated in late 2024, which found "substantial new questions of patentability on all challenged claims." This ongoing challenge to the patent's validity underscores the strategic context of HyperQuery LLC's assertion activities.

Key legal developments & outcome

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

HyperQuery LLC's patent infringement suit against HTC Corporation in the Eastern District of Texas (2:25-cv-00409) was a brief litigation, filed on April 17, 2025, and voluntarily dismissed without prejudice on May 28, 2025, just 41 days later. The case saw no substantive legal developments due to its rapid dismissal.

Key legal developments and outcome:

  • 2025-04-17: Complaint Filed
    HyperQuery LLC, identified as a non-practicing entity (NPE), filed a patent infringement lawsuit against HTC Corporation in the Eastern District of Texas, asserting U.S. Patent No. 9,529,918 B2. The patent relates to systems and methods for downloading applications via a communication network.
  • 2025-05-27: Notice of Voluntary Dismissal Filed
    HyperQuery LLC filed a Notice of Voluntary Dismissal Without Prejudice.
  • 2025-05-28: Case Terminated (Voluntarily Dismissed)
    Judge Rodney Gilstrap accepted HyperQuery LLC's Notice of Voluntary Dismissal Without Prejudice, and the case was closed. The dismissal was filed under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, allowing a plaintiff to dismiss an action without a court order before the defendant serves an answer or a motion for summary judgment.

Outcome:
The case concluded without any substantive litigation activity. HTC Corporation did not file an answer or any pre-trial motions, such as a motion to dismiss, transfer, or for summary judgment. Consequently, there were no claim construction (Markman) hearings, discovery milestones, trial events, or judicial findings on infringement, validity, or damages. The voluntary dismissal without prejudice resulted in no damages or injunctive relief being awarded.

Parallel PTAB/USPTO Proceedings:
While no Inter Partes Review (IPR) petition was filed in conjunction with this specific district court case, the asserted patent, U.S. Patent No. 9,529,918, has been subject to other challenges:

  • 2023-04-26: Prior Art Found for US 9,529,918
    Unified Patents announced that prior art had been found for U.S. Patent No. 9,529,918, which is owned by HyperQuery LLC. The patent generally relates to a method and system for downloading applications via a communication network.
  • 2024-11-05: Ex Parte Reexamination Filed against US 9,529,918
    Unified Patents filed an ex parte reexamination proceeding against U.S. Patent No. 9,529,918.
  • 2024-12-17: Ex Parte Reexamination Instituted
    The Central Reexamination Unit (CRU) of the USPTO granted Unified Patents' request for ex parte reexamination, finding substantial new questions of patentability on all challenged claims of U.S. Patent No. 9,529,918. This institution of reexamination occurred prior to the filing of the district court case against HTC Corporation.

Plaintiff representatives

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

The plaintiff, HyperQuery LLC, was represented by:

  • Name: Isaac Phillip Rabicoff
  • Role: Lead Counsel
  • Firm: Rabicoff Law LLC, Chicago, IL
  • Note on experience: Isaac Rabicoff is an experienced intellectual property and commercial litigator, with his firm, Rabicoff Law LLC, recognized among Lex Machina's top patent litigation firms in 2017. He has led licensing campaigns against major technology companies such as Amazon, Microsoft, Sony, Apple, LG, Huawei, Samsung, and Google, and has successfully defeated institution of numerous Inter Partes Reviews (IPRs) and Covered Business Method (CBM) reviews. He is also a registered patent attorney and has experience with appellate advocacy before the Federal and Seventh Circuits.

Defendant representatives

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

In the patent infringement case HyperQuery LLC v. HTC Corporation (Case No. 2:25-cv-00409) in the Eastern District of Texas, no counsel of record appeared for the defendant, HTC Corporation.

The case was filed on April 17, 2025, and voluntarily dismissed without prejudice on May 28, 2025, a mere 41 days after filing. HTC Corporation neither filed an answer to the complaint nor made any substantive legal filings before the dismissal. As such, no counsel formally appeared on behalf of HTC Corporation in this specific action.