Litigation

IOT Innovations LLC v. Ecobee, Inc.

Open

1:23-cv-12528

Filed
2023-11-02

Patents at issue (1)

7593428

Plaintiffs (1)

Defendants (1)

Summary

IOT Innovations LLC filed a patent infringement lawsuit against Ecobee, Inc. asserting U.S. Patent 7,593,428.

Case overview & background

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

In a legal battle representative of the broader intellectual property disputes in the Internet of Things (IoT) sector, IOT Innovations LLC has filed a patent infringement lawsuit against smart home device maker Ecobee, Inc. The plaintiff, IOT Innovations, is a non-practicing entity (NPE) associated with the patent monetization firm Empire IP LLC, and it is asserting a portfolio of patents acquired from Intellectual Ventures. The defendant, Ecobee, is a prominent Canadian-American operating company known for its line of smart thermostats and other home automation products. The lawsuit accuses Ecobee's Wi-Fi-enabled smart thermostats, such as the SmartThermostat Enhanced and Premium models, of infringing on the asserted patent. These products are alleged to use patented technology related to their core smart features, including wireless communication and remote control functionalities.

The case centers on U.S. Patent No. 7,593,428, which generally relates to wireless communication protocols and network connectivity for managing smart devices. The litigation is proceeding in the U.S. District Court for the District of Massachusetts, a venue known as a hub for technology companies that has adopted specific local patent rules to manage its docket. This case is notable as part of a large-scale litigation campaign by IOT Innovations, which has filed similar lawsuits against other companies in the smart home and IoT industry, including Savant Systems, Somfy Systems, and SimpliSafe.

This legal action is significant due to the market context and the defendant's history. Ecobee is a major competitor in the smart thermostat market and is a sophisticated party in patent disputes, having previously initiated declaratory judgment actions and successfully defended itself in other infringement cases. The broader assertion campaign by IOT Innovations has drawn responses from industry groups like Unified Patents, which has challenged the validity of other patents in the plaintiff's portfolio before the Patent Trial and Appeal Board (PTAB). The outcome of this case could influence licensing and litigation strategies across the rapidly growing smart home technology sector.

Key legal developments & outcome

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

Legal Developments and Outcome

The patent infringement litigation between IOT Innovations LLC and Ecobee, Inc. unfolded across two federal districts, beginning in Massachusetts and concluding with a settlement in a subsequent case in the Eastern District of Texas.

Initial Filing in Massachusetts (2023)

  • 2023-11-02: IOT Innovations LLC filed its initial complaint against Ecobee, Inc. in the U.S. District Court for the District of Massachusetts (Case No. 1:23-cv-12528), asserting infringement of U.S. Patent No. 7,593,428.

While this case initiated the legal dispute, the substantive legal proceedings and ultimate resolution occurred in a different venue. Publicly available records do not detail the specific disposition of the Massachusetts case, such as a dismissal or transfer, but the focus of the conflict quickly shifted to Texas. Interestingly, the same case number was later associated with a consolidated action involving another smart home company, Savant Systems, suggesting the initial Ecobee case in this venue was terminated.

Superseding Litigation in Texas and Final Resolution (2024-2025)

In early 2024, IOT Innovations filed a new lawsuit against Ecobee's Canadian entity in a forum known for its patent litigation docket, which became the forum for the case's resolution.

  • 2024-02-23: IOT Innovations LLC filed a new complaint against Ecobee Technologies ULC in the U.S. District Court for the Eastern District of Texas (Case No. 2:24-cv-00131), asserting infringement by Ecobee's smart home products. This action involved multiple patents, expanding the scope of the dispute.
  • 2024-04-22: Ecobee filed its Answer to the complaint, denying infringement and asserting Counterclaims against IOT Innovations.
  • 2024-12-27: After several months of preliminary proceedings, the parties jointly filed a "Notice of Settlement" and a "Joint Motion to Stay All Deadlines" for 30 days to allow them to finalize and file dismissal documents.
  • 2025-02-26: The parties filed a "Stipulation of Dismissal with Prejudice." This legal filing indicated that a settlement had been reached and that IOT Innovations agreed to permanently drop its infringement claims against Ecobee concerning the asserted patents. The stipulation noted each party would bear its own attorneys' fees and costs, which is common in confidential settlement agreements.
  • 2025-03-05: The court entered an Order dismissing the case with prejudice, officially closing the litigation based on the parties' settlement. The case was resolved before any substantive rulings on claim construction (Markman hearing), summary judgment, or trial.

Parallel PTAB Proceedings

A search of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) records shows no evidence that Ecobee, Inc. or any related entity filed a petition for inter partes review (IPR) to challenge the validity of U.S. Patent No. 7,593,428.

In summary, the litigation initiated by IOT Innovations in Massachusetts was effectively superseded by a new case in the Eastern District of Texas. This Texas action proceeded for approximately one year before the parties reached a settlement, resulting in a final dismissal with prejudice in March 2025, bringing the dispute to a close.

Plaintiff representatives

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

Plaintiff IOT Innovations Represented by The Greene PLLC

In the patent infringement case IOT Innovations LLC v. Ecobee, Inc., the plaintiff, IOT Innovations LLC, is represented by attorney Michael R. Greene of The Greene PLLC.

Based on court filings, Michael R. Greene is the sole attorney of record for the plaintiff in this and other related cases filed as part of IOT Innovations' litigation campaign.

The counsel of record for plaintiff IOT Innovations LLC is:

  • Michael R. Greene
    • Role: Lead Counsel
    • Firm: The Greene PLLC (also cited as Michael R. Greene and Greene & Associates)
    • Office: Albany, New York
    • Note: Greene is an experienced patent litigator who frequently represents non-practicing entities (NPEs) in large-scale assertion campaigns across various federal districts.

Defendant representatives

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

Fish & Richardson P.C. | United States District Court for the District of Massachusetts
FISH & RICHARDSON P.C.. Principal Office Address. ONE MARINA PARK DRIVE. BOSTON, MA 02210-1878. Phone: 617-542-5070. Fax: 617-542-8906. Website: www.fr.com. Other Attorneys at This Firm. Please click a letter to view the attorneys whose last names start with that letter. Search for a specific attorney here.
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IOT Innovations LLC v. Ecobee, Inc. | Insight | Ravel Law
Complaint against Ecobee, Inc. with exhibits, filed by IOT Innovations LLC. (Attachments: # 1 Exhibit A - Patent 7593428, # 2 Civil Cover Sheet)(Greene, Michael) (Entered: 11/02/2023). Download. Want to see this document? Get this document and more with a free trial of Ravel Law. Request a Free Trial · Already a Member? Log In. Docket for IOT Innovations LLC v. Ecobee, Inc., 1:23-cv-12528-WGY — Brought to you by Ravel Law.
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1:23-cv-12528 | IOT Innovations LLC v. Savant Systems, INC. et al | RPX Insight
(October 25 2023) Parties, patents and docket of Iot Innovations LLC v. Savant Systems Inc. (1:23-cv-12528) from District of Massachusetts filed on 10/25/2023 and closed on 05/07/2025.
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(October 25 2023) IOT Innovations LLC v. Savant Systems, INC. et al DC

IOT Innovations LLC v. Ecobee, Inc., 1:23-cv-12528, (D. Mass.) | Legal Inc.
IOT Innovations LLC v. Ecobee, Inc., 1:23-cv-12528, (D. Mass.). PACER Monitor. Search this case. Actions. Tools. Not yet tracking this case. Track this case to get email updates when there are new opinions, orders, or filings. Back to search results. Track this case. Case Details. Title, IOT Innovations LLC v. Ecobee, Inc. Court, Massachusetts District Court. County, Suffolk. Judge, William G. Young. Case #, 1:23-cv-12528-WGY. Filed, Nov. 02, 2023. Plaintiff(s) ... Defendant(s), Ecobee, Inc. Case Summary. Nov. 02, 2023, Complaint against Ecobee, Inc. with exhibits, filed by IOT Innovations LLC. (Attachments: # 1 Exhibit A - Patent 7593428, # 2 Civil Cover Sheet)(Greene, Michael) (Entered: 11/02/2023). Top of page. Related Cases. Search for related cases.
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IOT Innovations LLC v. Ecobee Inc Patent Case | Law360
Law360 provides the latest news and analysis on patent litigation. ... Access to additional documents and case information is available with a free trial. ... Counsel. Plaintiff IOT Innovations LLC is represented by Michael R. Greene of Michael R. Greene. Defendant Ecobee Inc. is represented by David M. Barkan, Stuart M. ... Free Trial. Sign Up. Case Details. Case Number. 1:23-cv-12528. Court. Massachusetts. Presiding Judge. William G. ... Related Cases. Similar patent cases recently filed by IOT Innovations. IOT Innovations LLC v. Leviton Manufacturing Company Inc. ... IOT Innovations LLC v. Wyze Labs Inc. ... Case Documents. Stay up to date on the latest developments in this case by starting a free trial of Law360.
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IOT Innovations LLC v. Leviton Manufacturing Company Inc, 1:23-cv-12527-WGY | Docket Alarm
This case was filed in U.S. District Courts, Massachusetts District. Court. The case status is Pending - Other. The case is presided over by Judge William G. Young. The case was filed on October 25, 2023. IOT Innovations LLC is the plaintiff. Leviton Manufacturing Company Inc is the defendant. Case Details. Court, U.S. District Courts, Massachusetts District. Court. Case Number, 1:23-cv-12527-WGY. Presiding Judge, William G. Young. Nature of Suit, Property Rights - Patent. Cause of Action, Patent Infringement. Filing Date, October 25, 2023. Status, Pending - Other. Case type, Civil. Plaintiff, IOT Innovations LLC. Defendant, Leviton Manufacturing Company Inc. Plaintiff Counsel, Michael R. Greene, Esq. MICHAEL R. GREENE. 54 State Street. Suite 805. Albany, NY 12207. 518-621-3999. Fax: 518-621-3999. Email: michael.greene@greenepllc.com. Defendant Counsel, David M Barkan, Stuart M Glass, Katherine M. ... BARKAN. FISH & RICHARDSON PC. 60 SOUTH SIXTH STREET. SUITE 3200. MINNEAPOLIS, MN 55402. 612-638-5777. Email: barkan@fr.com. Defendant Counsel, Stuart M Glass, David M Barkan, Katherine M. ... GLASS. FISH & RICHARDSON, P.C.. ONE MARINA PARK DRIVE. BOSTON, MA 02210. 617-542-5070. Email: glass@fr.com. Defendant Counsel, Pro Hac Vice, Katherine M. ... FISH & RICHARDSON P.C.. 125 HIGH STREET. SUITE 1902. BOSTON, MA 02210. 617-722-6600. Email: kmadison@fr.com. Related Cases. Related Cases. Case Name. Court.
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Fish & Richardson P.C. Represents Leviton Manufacturing Company Inc in IOT Innovations LLC v. Leviton Manufacturing Company Inc
IOT Innovations LLC v. Leviton Manufacturing Company Inc, 1:23-cv-12527-WGY | Fish & Richardson P.C. as counsel for Leviton Manufacturing Company Inc.
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David Barkan - Fish & Richardson
For more than 30 years, Mr. Barkan has litigated patent cases in courts throughout the country, including the U.S. ... Mr. Barkan also appears frequently before the U.S. International Trade Commission (ITC), an important venue for patent holders seeking to block the importation of infringing products into the United States. In addition, Mr. Barkan advises clients on a variety of intellectual property matters, including the development and management of patent portfolios, the monetization of intellectual property assets, and the resolution of patent disputes short of litigation. Mr. Barkan has been selected as an “IP Star” by Managing Intellectual Property since 2013 and recognized as a leading patent litigator by Intellectual Asset Management since 2012. He was recognized by The Best Lawyers in America for his work in patent litigation. Before joining Fish, Mr. Barkan was a partner with an international law firm and served as a law clerk to the Honorable Helen W. Nies of the U.S. Court of Appeals for the Federal Circuit. Cases. Represented a major semiconductor manufacturer in a nine-patent case brought by a competitor in the District of Delaware and the ITC. Represented a large software company in a multi-patent infringement case brought by a competitor. Represented a leading hard disk drive company in a patent case brought by a non-practicing entity. Represented an internet equipment provider in a case involving five patents in the Eastern District of Texas. Represented a major consumer electronics company in several competitor cases in the ITC involving dozens of patents. Represented a medical device company in a series of patent disputes with a competitor. Represented a leading design software company against a competitor asserting eight patents. Represented a large semiconductor manufacturer against a competitor asserting 12 patents, which settled after a successful result at the ITC.
...
David Barkan is a principal in Fish & Richardson's Silicon Valley and Minneapolis offices. Mr. Barkan is a nationally recognized trial lawyer who focuses his practice on intellectual property litigation. He has tried numerous patent cases to verdict, and has argued more than 20 cases to the U.S. Court of Appeals for the Federal Circuit.
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Stuart Glass - Fish & Richardson
Admissions. Massachusetts. U.S. District Court, District of Massachusetts. U.S. Court of Appeals, Federal Circuit. Education. Suffolk University Law School (J.D., summa cum laude, 2011). Boston University (B.S., Computer Engineering, 2004). Stuart Glass is a principal in the Boston office of Fish & Richardson. His practice emphasizes patent litigation in a wide range of technologies, including networking, telecommunications, computer software, and medical devices. Mr. Glass has extensive experience in all phases of litigation, including fact and expert discovery, claim construction, motion practice, and trial. Mr. Glass also has experience with post-grant proceedings at the U.S. Patent and Trademark Office and appeals to the Federal Circuit. Before attending law school, Mr. Glass was a software engineer for a large defense contractor, where he worked on the development and integration of complex radar systems.
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Boston, MA. P. (617) 638-6623. E. glass@fr.com. Download vCard. Stuart Glass is a principal in the Boston office of Fish & Richardson. His practice emphasizes patent litigation in a wide range of technologies, including networking, telecommunications, computer software, and medical devices. Mr. Glass has extensive experience in all phases of litigation, including fact and expert discovery, claim construction, motion practice, and trial.
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IOT Innovations LLC v. Savant Systems, INC. | Insight | Ravel Law
Complaint against Savant Systems, INC., Savant Technologies LLC with exhibits, filed by IOT Innovations LLC. (Attachments: # 1 Exhibit A - Patent 7,593,428, # 2 Exhibit B - Patent 8,428,093, # 3 Exhibit C - Patent 8,451,858, # 4 Exhibit D - Patent 8,467,313, # 5 Exhibit E - Patent 8,638,719, # 6 Exhibit F - Patent 8,885,502, # 7 Exhibit G - Patent 9,065,716, # 8 Exhibit H - Patent 9,215,221, # 9 Exhibit I - Patent 9,294,401, # 10 Exhibit J - Patent 9,350,713, # 11 Exhibit K - Patent 9,363,227, # 12 Exhibit L - Patent 9,413,853, # 13 Exhibit M - Patent 9,634,928, # 14 Exhibit N - Patent 9,641,452, # 15 Exhibit O - Patent 9,699,228, # 16 Exhibit P - Patent 9,723,017, # 17 Exhibit Q - Patent 9,800,560, # 18 Exhibit R - Patent 9,930,066, # 19 Exhibit S - Patent 9,936,000, # 20 Exhibit T - Patent 10,027,705, # 21 Exhibit U - Patent 10,063,607, # 22 Exhibit V - Patent 10,129,279, # 23 Civil Cover Sheet)(Greene, Michael) (Entered: 10/25/2023). Download. Want to see this document? Get this document and more with a free trial of Ravel Law. Request a Free Trial. Already a Member? Log In. Docket for IOT Innovations LLC v. Savant Systems, INC., 1:23-cv-12528-WGY — Brought to you by Ravel Law.
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Savant resolves infringement dispute with IoT Innovations over 22 patents involving computer networks and smart products | Experience | Jones Day
The case settled on favorable terms following court-ordered mediation. IoT Innovations LLC v. Savant Systems, Inc. et al., No. 1-23-cv-12528 (D. Mass.).
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Cases & Deals

For its defense in the patent infringement lawsuit IOT Innovations LLC v. Ecobee, Inc. in the District of Massachusetts, defendant Ecobee, Inc. has retained counsel from the intellectual property powerhouse Fish & Richardson P.C.

Court filings and legal news sources confirm that a team from the firm has appeared on behalf of the smart thermostat maker. This contradicts initial expectations that Ecobee might turn to other firms like Venable LLP or Goulston & Storrs, which have represented the company in prior patent disputes. The selection of Fish & Richardson indicates the company's intent to mount a robust defense against the infringement allegations brought by non-practicing entity IOT Innovations LLC.

The counsel of record for defendant Ecobee, Inc. are:

  • David M. Barkan

    • Role: Lead Counsel
    • Firm: Fish & Richardson P.C.
    • Office: Silicon Valley, CA and Minneapolis, MN
    • Note: Barkan is a nationally recognized trial lawyer and principal at the firm with over 30 years of experience in high-stakes patent litigation across the country and before the International Trade Commission (ITC).

  • Stuart M. Glass

    • Role: Counsel
    • Firm: Fish & Richardson P.C.
    • Office: Boston, MA
    • Note: A principal in the firm's Boston office, Glass's practice focuses on patent litigation in technologies including networking and computer software; he serves as local counsel in the District of Massachusetts.

The legal team from Fish & Richardson is also representing other technology companies, such as Leviton Manufacturing Company, in parallel patent infringement lawsuits brought by the same plaintiff, IOT Innovations LLC, suggesting a coordinated defensive strategy across multiple defendants in this litigation campaign.