Litigation
Infineon Technologies Americas Corp. et al. v. MOSAID Technologies Inc.
Not Instituted - ProceduralIPR2025-01489
- Filed
- 2025-08-29
Patents at issue (1)
Plaintiffs (3)
Defendants (1)
Summary
Infineon Technologies Americas Corp., Infineon Technologies AG, and Cypress Semiconductor Corporation filed an Inter Partes Review (IPR) petition challenging US patent 7349448 owned by MOSAID Technologies Inc. The IPR was not instituted.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
This case, Infineon Technologies Americas Corp. et al. v. MOSAID Technologies Inc., IPR2025-01489, involves a patent validity challenge at the Patent Trial and Appeal Board (PTAB) stemming from an underlying patent infringement dispute in the semiconductor industry. The petitioner-plaintiffs, Infineon Technologies Americas Corp., Infineon Technologies AG, and Cypress Semiconductor Corporation, are prominent operating companies in the global semiconductor sector. Infineon Technologies AG, a German company, designs and manufactures semiconductor devices for various applications including automotive, power, security systems, and IoT. Cypress Semiconductor Corporation, an American semiconductor design and manufacturing company known for microcontrollers and wireless connectivity solutions, was acquired by Infineon in April 2020. The defendant-patent owner, MOSAID Technologies Inc., is a Canadian intellectual property (IP) management company specializing in the licensing and monetization of semiconductor and wireless technology patents, identifying it as a Patent Assertion Entity (PAE) or Non-Practicing Entity (NPE).
The IPR petition was filed to challenge the validity of US Patent 7349448, owned by MOSAID Technologies Inc. While a specific one-line technical sketch of this patent was not readily available through the provided search results, the IPR is directly linked to an ongoing patent infringement lawsuit. MOSAID filed a complaint against Infineon Technologies AG and Infineon Technologies Americas Corp. (along with Cypress) in the U.S. District Court for the Western District of Texas, case number 1:25-cv-00358, on March 10, 2025. This district court litigation, presided over by Judge Alan D. Albright, targets Infineon's processors, including programmable systems-on-chip and AIROC Wi-Fi and Bluetooth Combo products, which are utilized in communications, IoT, automotive, computer, and consumer electronics industries.
The procedural posture of this case is at the Patent Trial and Appeal Board, where Infineon's IPR petition, IPR2025-01489, was not instituted due to procedural reasons. The PTAB's decision not to institute an IPR is final and non-appealable. [cite: 24 (part of previous thinking from prior searches)] This outcome is notable, particularly given recent shifts in PTAB practice. Since October 2025, the Director of the USPTO, John Squires, assumed personal control over all IPR institution decisions, leading to a higher rate of denials, sometimes through "summary notices" that lack detailed reasoning. [cite: 18, 21 (part of previous thinking from prior searches), 24 (part of previous thinking from prior searches)] Such procedural denials often invoke discretionary factors, including the Fintiv factors, which consider the existence and stage of parallel district court litigation. The non-institution means Infineon cannot use the IPR mechanism to challenge the patent's validity before the PTAB, potentially focusing the battle solely on the underlying infringement case in the Western District of Texas. This case exemplifies the strategic interplay between district court litigation and PTAB challenges, especially in light of the evolving landscape of discretionary denials at the PTAB. [cite: 13, 21 (part of previous thinking from prior searches), 22, 24, 25]
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Here are the key legal developments and outcome for the patent infringement litigation, MOSAID Technologies Inc. v. Infineon Technologies AG et al., case number 1:25-cv-00358, in the U.S. District Court for the Western District of Texas:
Legal Developments and Outcome:
Filing & Initial Pleadings:
- MOSAID Technologies Inc. filed the patent infringement complaint against Infineon Technologies AG, Infineon Technologies Americas Corp., and Cypress Semiconductor Corporation on March 10, 2025, in the U.S. District Court for the Western District of Texas. The complaint alleges infringement of US Patent 7349448, among others.
- The case was initially assigned to Judge Robert Pitman but was subsequently reassigned to Judge Alan D. Albright for all proceedings on April 14, 2025.
- Specific dates for the defendants' answer or counterclaims were not immediately available in the search results, but the case has proceeded through various pre-trial stages.
Pre-Trial Motions of Substance:
- Stipulation Regarding IPR: In connection with the parallel IPR proceeding, Infineon Technologies Americas Corp. and Infineon Technologies AG stipulated on September 24, 2025, that they would not pursue certain invalidity grounds in the district court action against the '448 patent. This stipulation specifically covered grounds raised or that could have been reasonably raised in IPR2025-01489 under §§ 102 or 103, based on prior art patents or printed publications, and combinations involving system prior art. However, Infineon reserved the right to assert these grounds in the district court case if the PTAB declined to institute the IPR, or if institution was later vacated or reversed. This type of stipulation is commonly used to address the PTAB's discretionary denial factors, particularly those outlined in Fintiv, which consider the stage of parallel district court litigation.
- Claim Construction Briefing: An opening claim construction brief (Docket 44) was filed by Infineon on October 27, 2025.
- Markman Hearing: A Markman (claim construction) hearing was scheduled for January 21, 2026, at 9:00 AM before Judge Albright.
Claim Construction (Markman) Outcomes:
- While a Markman hearing was scheduled and briefing occurred, the specific outcome of the Markman hearing or the issuance of a claim construction order was not detailed in the provided search results.
Discovery Milestones:
- No specific strategically significant discovery milestones were highlighted in the available information.
Trial Events, Verdict, and Post-Trial Motions:
- The case has not yet reached trial. Upcoming docket entries include a Case Management Conference and a Final Pretrial Conference, both currently scheduled for December 30, 2026. This indicates the litigation is still in the extensive pre-trial phase.
Settlement, Dismissal, Judgment, or Appeal:
- The case remains active and is proceeding through its pre-trial schedule in the Western District of Texas. There has been no final judgment, settlement, or dismissal reported.
Parallel PTAB IPR/PGR Proceedings and their Effect:
- Infineon Technologies Americas Corp. filed IPR2025-01489 challenging US Patent 7349448 on August 29, 2025.
- The Patent Trial and Appeal Board (PTAB) issued a Director Discretionary Denial (DD) Decision for IPR2025-01489 on February 10, 2026. The IPR was not instituted, characterized as a "Discretionary Denial" outcome.
- As a result of the PTAB's decision not to institute the IPR, and consistent with their prior stipulation, Infineon has retained the right to assert the invalidity grounds that were raised in the IPR petition (or could have been) within the ongoing district court litigation. This means the validity challenge for the '448 patent will continue to be litigated in the Western District of Texas, rather than being addressed by the PTAB.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
Here is the counsel of record representing the plaintiff, MOSAID Technologies Inc., in the patent infringement case MOSAID Technologies Inc. v. Infineon Technologies AG et al., case number 1:25-cv-00358, in the U.S. District Court for the Western District of Texas:
MOSAID Technologies Inc. is represented by Winstead PC as lead counsel, with Ciccarelli Law Firm serving as local counsel.
Lead Counsel (Winstead PC):
- Attorneys (Specific names not available in search results for this specific case, but Winstead PC is identified as representing MOSAID).
- Firm: Winstead PC
- Office Location: Various, but a Texas presence is implied given the venue.
- Experience Note: Winstead PC is a prominent Texas-based law firm with experience in patent litigation. The firm's involvement indicates its capability in handling complex intellectual property disputes.
Local Counsel (Ciccarelli Law Firm):
- Attorneys (Specific names not available in search results for this specific case, but Ciccarelli Law Firm is identified as local counsel for MOSAID).
- Firm: Ciccarelli Law Firm
- Office Location: Likely in Texas to serve as local counsel for the Western District of Texas.
- Experience Note: Local counsel firms like Ciccarelli Law Firm often assist out-of-state lead counsel with local court rules and procedures, demonstrating experience in the Western District of Texas's patent litigation landscape.
While the search results confirm Winstead PC and Ciccarelli Law Firm are representing MOSAID in parallel 2025 patent complaints, including one against Intel in the same district and before the same judge, specific attorney names for the Infineon case (1:25-cv-00358) were not explicitly detailed in the publicly available search snippets. It is common practice for a patent assertion entity like MOSAID to utilize the same legal teams for concurrent litigation in the same venue.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Fish & Richardson
- David Hoffman · lead counsel
Here is the counsel of record representing the defendant(s) in the patent infringement case MOSAID Technologies Inc. v. Infineon Technologies AG et al., case number 1:25-cv-00358, in the U.S. District Court for the Western District of Texas:
The defendants, Infineon Technologies Americas Corp., Infineon Technologies AG, and Cypress Semiconductor Corporation, are primarily represented by Fish & Richardson P.C.
Lead Counsel (Fish & Richardson P.C.):
- Name: David Hoffman
- Role: Principal / Lead Counsel
- Firm: Fish & Richardson P.C.
- Office Location: Austin, TX (111 Congress Avenue, Suite 2000, Austin, TX 78701)
- Experience Note: David Hoffman is a Principal at Fish & Richardson P.C. and is actively involved in representing Infineon in both the district court litigation and related PTAB IPR proceedings, as evidenced by his appearance on a stipulation filed in the IPR case and a First Amended Answer, Defenses and Counterclaims in the district court case. Fish & Richardson is a prominent intellectual property law firm with extensive experience in patent litigation across various technologies and venues, including the Western District of Texas.
While the search results confirm David Hoffman's involvement and the firm Fish & Richardson P.C., specific roles for other attorneys from the firm or any local counsel were not explicitly detailed in the provided snippets for this particular district court case (1:25-cv-00358), beyond the general firm representation. It is common practice for lead counsel to have a team of attorneys, including local counsel, for a litigation of this nature, especially in the Western District of Texas.