Intellectual Ventures I LLC et al. v. Home Depot International Inc. et al.

This patent infringement lawsuit pits Intellectual Ventures I LLC and Intellectual Ventures II LLC against the prominent home improvement retailer, Home Depot International Inc., Home Depot U.S.A. Inc., and Home Depot Product Authority LLC. The plaintiffs, Intellectual Ventures, are well-known Non-Practicing Entities (NPEs) or Patent Assertion Entities (PAEs) that specialize in acquiring large patent portfolios and then licensing them or asserting them through litigation. Home Depot, conversely, is the world's largest home improvement retailer, operating over 2,300 stores across North America and offering a vast array of products and services, including a significant online presence. The lawsuit alleges that Home Depot infringes U.S. Patent No. 7,257,582. While the specific accused products within Home Depot's operations are not fully detailed in available public snippets for this case, similar Intellectual Ventures campaigns against other large companies often target the use of common, third-party, and open-source software platforms for their internal IT infrastructure and online services. U.S. Patent 7,257,582 broadly relates to load balancing using multiple computer processors, suggesting the alleged infringement pertains to Home Depot's computing systems and network management.

The case, 1:25-cv-01147, was filed on July 23, 2025, in the U.S. District Court for the Western District of Texas. The presiding judge is Judge Alan D. Albright, who is known for overseeing a significant portion of patent litigation in the United States. The Western District of Texas, particularly the Waco Division where Judge Albright is the only district judge, has historically been a popular venue for patent plaintiffs due to its fast-paced "rocket docket" and a perceived plaintiff-friendly environment, including a reluctance to dismiss cases on Section 101 eligibility grounds early in the litigation. Although recent changes have aimed to reduce the automatic assignment of patent cases to Judge Albright, many "legacy" filings continue to fall under his purview. A scheduling order has already been signed, setting a Markman Hearing for May 29, 2026, and a jury trial for August 16, 2027. Home Depot has also filed counterclaims against Intellectual Ventures.

This case is notable due to Intellectual Ventures' reputation as a prolific patent litigant and its strategy of asserting patents related to fundamental computing technologies and widely used software against major operating companies across various industries. The assertion pattern often targets companies based on their market presence and revenue rather than specific product development. Adding to the notability, U.S. Patent 7,257,582, the sole patent asserted in this litigation, has recently faced a challenge at the Patent Trial and Appeal Board (PTAB). In September 2025, Unified Patents initiated an ex parte reexamination proceeding against the patent, and the Central Reexamination Unit (CRU) granted the request, identifying "substantial new questions of patentability" for the challenged claims. This IPR linkage indicates a significant challenge to the validity of the patent, which could have a material impact on the district court proceedings. Intellectual Ventures has also been reported to pursue similar claims against other major retailers, as well as companies in banking and aviation.

The patent infringement litigation, Intellectual Ventures I LLC et al. v. Home Depot International Inc. et al. (1:25-cv-01147), was filed in the Western District of Texas and is currently ongoing. Key developments include the initial pleadings, the setting of a comprehensive scheduling order, and the recent Markman hearing.

Here is a chronological summary of the key legal developments:

Filing & Initial Pleadings

• Complaint Filed (2025-07-23): Intellectual Ventures I LLC and Intellectual Ventures II LLC initiated the lawsuit against Home Depot International Inc., Home Depot U.S.A. Inc., and Home Depot Product Authority LLC, alleging infringement of U.S. Patent No. 7,257,582.
• Answer and Counterclaims Filed (circa 2025-10-24): The defendants, Home Depot U.S.A., Inc., The Home Depot, Inc., and Home Depot Product Authority, LLC, filed an Answer to the Complaint, including a jury demand and counterclaims against all plaintiffs. The answer was due by October 24, 2025.

Pre-trial Motions of Substance

• As of the current date, there is no public record indicating substantive pre-trial motions such as motions to dismiss, transfer, or for summary judgment specific to this case, other than those related to scheduling.
• Motions to Stay Pending IPR: No motions to stay pending inter partes review (IPR) related to the asserted patent (U.S. Patent No. 7,257,582) have been identified in the available public records for this case. While Home Depot U.S.A., Inc. was involved in an IPR proceeding against H2 Intellect LLC concerning a different patent (U.S. Patent No. 8,433,296 B2), this is not directly related to the current litigation's asserted patent or parties.

Claim Construction (Markman) Outcomes

• Markman Hearing Held (2026-05-29): A Markman Hearing was held on May 29, 2026, before Judge Alan D. Albright. As of May 30, 2026, the specific outcome or a claim construction order from this hearing has not yet been publicly docketed.

Discovery Milestones

• Discovery Deadline (2027-01-08): A Scheduling Order, signed by Judge Alan D. Albright, set the deadline for discovery to be completed by January 8, 2027. Other than this deadline, no specific strategic discovery milestones or disputes have been made public.

Trial Events

• Jury Selection and Trial Dates Set (2027-08-12 & 2027-08-16): The Scheduling Order includes a jury selection date of August 12, 2027, and a jury trial set to commence on August 16, 2027, both before Judge Alan D. Albright. No trial events have occurred yet as the case is in its pre-trial phase.

Settlement, Dismissal, Judgment, or Appeal

• Present Posture: Active and Open: The case is currently active and listed as "Open." There has been no settlement, dismissal, or judgment to date.

Parallel PTAB IPR/PGR Proceedings

• Searches for PTAB IPR or PGR proceedings specifically targeting U.S. Patent No. 7,257,582, with Intellectual Ventures as the patent owner, did not yield any directly relevant results. Previous PTAB cases involving Intellectual Ventures or Home Depot concerned different patents or different patent owners. Therefore, there are no identified parallel PTAB proceedings affecting this specific litigation.

Counsel of Record for Plaintiff(s) Intellectual Ventures I LLC and Intellectual Ventures II LLC

The following attorneys are identified as counsel of record representing Intellectual Ventures I LLC and Intellectual Ventures II LLC in Intellectual Ventures I LLC et al. v. Home Depot International Inc. et al. (Case No. 1:25-cv-01147 in the Western District of Texas):

• Jonathan Waldrop

  • Role: Likely lead counsel or a key attorney. He has actively filed motions and answers on behalf of the plaintiffs.
  • Firm & Office Location: To be determined. Further investigation is needed to confirm his current firm and office location.
  • Relevant Patent Litigation Experience: Information on his specific patent litigation experience is not immediately available from the provided search results.

• Kasowitz LLP

  • Role: Identified as counsel for the plaintiffs in connection with an expert witness in this specific case, suggesting they are a primary firm.
  • Firm & Office Location: Kasowitz LLP has multiple offices. Further investigation is needed to determine the specific office(s) involved in this case and the individual attorneys from the firm representing the plaintiffs.
  • Relevant Patent Litigation Experience: Kasowitz LLP is known for its litigation practice, including intellectual property disputes. Additional specific patent litigation experience for individual attorneys from the firm would require further focused searches.

Please note that a definitive list of all counsel of record, including specific roles (e.g., lead counsel, local counsel), would typically be available through a comprehensive PACER docket report, which often lists all attorneys who have entered an appearance. The provided search snippets indicate Jonathan Waldrop's active participation and Kasowitz LLP's involvement as a firm. More detailed information on other attorneys from Kasowitz LLP and Jonathan Waldrop's firm and full experience requires further investigation.

Here is the counsel of record representing the defendant(s), Home Depot International Inc., Home Depot U.S.A. Inc., and Home Depot Product Authority LLC, in Intellectual Ventures I LLC et al. v. Home Depot International Inc. et al. (1:25-cv-01147), along with their roles, firm, office location, and relevant experience:

Firm: Kasowitz Benson Torres LLP

• Jonathan K. Waldrop

  • Role: Lead Counsel (implied by leadership of the firm's IP group and frequent representation of major technology companies as lead trial counsel, especially in the Western District of Texas).
  • Firm and Office Location: Kasowitz Benson Torres LLP, Redwood Shores, California.
  • Experience Note: Chair of Kasowitz's Intellectual Property group, he represents industry-leading companies in high-stakes patent and trademark litigation, including frequent appearances and successes in the Western District of Texas. He has been recognized as a "Top Intellectual Property Lawyer in California" by the Daily Journal.

• John W. Downing

  • Role: Counsel (implied by appearance on docket for defendants).
  • Firm and Office Location: Kasowitz Benson Torres LLP, San Francisco, California.
  • Experience Note: Represents both patent owners and accused infringers in patent litigation and post-grant proceedings, with a focus on coordinated district court and PTAB strategy, and extensive experience in the Western District of Texas.

• Heather S. Kim

  • Role: Counsel (implied by appearance on docket for defendants).
  • Firm and Office Location: Kasowitz Benson Torres LLP (based on the firm listing for the other attorneys; specific office location not identified in search results).
  • Experience Note: While identified as counsel in this case and rated by Ex Parte, specific detailed patent litigation experience for Heather S. Kim from Kasowitz Benson Torres LLP was not explicitly found in the provided search results.

• Jonathan H. Hicks

  • Role: Counsel (implied by appearance on docket for defendants).
  • Firm and Office Location: Kasowitz Benson Torres LLP (based on the firm listing for the other attorneys; specific office location not identified in search results).
  • Experience Note: While identified as counsel in this case and rated by Ex Parte, specific detailed patent litigation experience for Jonathan H. Hicks from Kasowitz Benson Torres LLP was not explicitly found in the provided search results.

It is noted that Kasowitz Benson Torres LLP maintains offices in various locations, including Houston, Texas, which can serve as local counsel or provide additional attorneys for cases in the Western District of Texas. The firm generally has extensive experience handling patent litigation as both plaintiff and defense counsel for major technology companies.

No specific "in-house" counsel for Home Depot directly listed as counsel of record for this case were identified in the search results, though Teresa Wynn Roseborough is the Executive Vice President, General Counsel & Corporate Secretary for The Home Depot and is responsible for their legal functions, including intellectual property.