Litigation re US Patent 8441721 (2:24-cv-00332)

Case Overview and Background: WSOU Investments, LLC v. Cisco Systems, Inc. (2:24-cv-00332)

This patent infringement litigation, filed as 2:24-cv-00332 in the Texas Eastern District Court, pits WSOU Investments, LLC against Cisco Systems, Inc. The plaintiff, WSOU Investments, LLC, operating as Brazos Licensing and Development, is recognized as a prolific Patent Assertion Entity (PAE) or Non-Practicing Entity (NPE). WSOU acquires large patent portfolios, notably from companies like Nokia (including Alcatel-Lucent), and then asserts these patents against major technology companies. Cisco Systems, Inc. is a global technology conglomerate known for developing, manufacturing, and selling networking hardware, software, telecommunications equipment, and other high-technology services and products.

The lawsuit alleges infringement of US Patent 8441721, among five patents asserted in this case. US Patent 8441721, titled "Methods and apparatus for supporting multicast communications," generally relates to systems and methods for efficiently handling multicast data in a network environment, particularly for improving the delivery and management of data streams to multiple recipients. The accused products and services are broadly described as various networking products and services offered by Cisco, ranging from optical line systems to switching platforms. Specific Cisco products accused of infringing US Patent 8441721 in this particular lawsuit are not detailed in the publicly available information at this time.

The case is currently in the litigation phase within the Texas Eastern District Court, a venue frequently chosen for patent disputes, particularly by PAEs. District Judge Robert W. Schroeder, III is presiding over the case, with Magistrate Judge Roy S. Payne referred for certain proceedings. This case is notable as it represents WSOU's second lawsuit against Cisco Systems, Inc., highlighting the plaintiff's ongoing and extensive patent enforcement campaign against numerous industry giants. WSOU has a history of aggressive litigation, having filed hundreds of lawsuits against major technology companies since 2020, often in patent-friendly jurisdictions like the Western District of Texas. While Cisco has previously filed Inter Partes Review (IPR) petitions against other patents asserted by WSOU in earlier litigation, leading to the cancellation of challenged claims in some instances, there are no publicly reported IPR challenges specifically targeting US Patent 8441721 in connection with this particular lawsuit at this time.

The patent infringement litigation "Litigation re US Patent 8441721" with case number 2:24-cv-00332 in the Texas Eastern District Court refers to the case of WSOU Investments, LLC v. Cisco Systems, Inc.. This case concerns US Patent 8441721, among others.

Here are the key legal developments in chronological order:

• Filing & Initial Pleadings:

  • 2024-05-29: WSOU Investments, LLC filed a complaint against Cisco Systems, Inc. in the Eastern District of Texas. This was a second lawsuit by WSOU against Cisco, asserting five patents, including US Patent 8,441,721, related to networking products and services.

• Pre-trial Motions of Substance:

  • 2024-09-23: Magistrate Judge Roy S. Payne signed a Docket Control Order.

• Claim Construction (Markman) Outcomes:

  • 2025-10-09: A Markman Hearing is scheduled to take place before Magistrate Judge Roy S. Payne.

• Discovery Milestones with Strategic Significance:

  • 2024-09-23: A Docket Control Order was signed, which would typically lay out the schedule for discovery and other pre-trial events.

• Trial Events:

  • 2026-04-20: Jury Selection is scheduled before District Judge Robert W. Schroeder III.

• Parallel PTAB IPR/PGR Proceedings:

  • As of the current date, no specific information regarding parallel PTAB IPR or PGR proceedings for US Patent 8441721 related to WSOU Investments, LLC v. Cisco Systems, Inc. could be found in the provided search results. A direct search on USPTO's P-TACTS system would be needed to confirm this definitively.

• Present Posture:

  • The case is currently active in the Eastern District of Texas, with a Markman hearing scheduled for October 2025 and jury selection for April 2026.

The plaintiff in this case, WSOU Investments, LLC, is represented by counsel from Folio Law Group PLLC and Cherry Johnson Siegmund James PLLC.

Here is the breakdown of the identified counsel:

Folio Law Group PLLC (based on firm representation and common practice, likely lead counsel)

• Joseph Michael Abraham
  • Role: Lead Counsel (assumed, based on firm representation)
  • Firm & Office Location: Folio Law Group PLLC, Dallas, TX.
  • Experience: Joseph Abraham is a founding member of Folio Law Group and has experience in patent litigation.
• Katherine Bentfield
  • Role: Lead Counsel (assumed, based on firm representation)
  • Firm & Office Location: Folio Law Group PLLC, Dallas, TX.
  • Experience: Katherine Bentfield is a founding member of Folio Law Group and focuses on patent and complex commercial litigation.
• Timothy Franklin Dewberry
  • Role: Lead Counsel (assumed, based on firm representation)
  • Firm & Office Location: Folio Law Group PLLC, Dallas, TX.
  • Experience: Timothy Dewberry is a founding member of Folio Law Group and has experience in intellectual property litigation.
• William David Ellerman
  • Role: Lead Counsel (assumed, based on firm representation)
  • Firm & Office Location: Folio Law Group PLLC, Dallas, TX.
  • Experience: William Ellerman is a founding member of Folio Law Group with a focus on patent infringement cases.
• Alexandra Olwen Fellowes
  • Role: Lead Counsel (assumed, based on firm representation)
  • Firm & Office Location: Folio Law Group PLLC, Dallas, TX.
  • Experience: Alexandra Fellowes is a founding member of Folio Law Group and has experience in patent litigation.
• Alden K.W. Lee
  • Role: Lead Counsel (assumed, based on firm representation)
  • Firm & Office Location: Folio Law Group PLLC, Dallas, TX.
  • Experience: Alden Lee is a founding member of Folio Law Group and practices in patent litigation.
• Gregory Phillip Love
  • Role: Lead Counsel (assumed, based on firm representation)
  • Firm & Office Location: Folio Law Group PLLC, Dallas, TX.
  • Experience: Gregory Love is a founding member of Folio Law Group and focuses on patent litigation.
• Moses Xie
  • Role: Lead Counsel (assumed, based on firm representation)
  • Firm & Office Location: Folio Law Group PLLC, Dallas, TX.
  • Experience: Moses Xie is a founding member of Folio Law Group with experience in intellectual property disputes.

Cherry Johnson Siegmund James PLLC (local counsel, common in EDTX filings)

• Mark Douglas Siegmund
  • Role: Local Counsel (assumed, based on firm representation in EDTX)
  • Firm & Office Location: Cherry Johnson Siegmund James PLLC, Tyler, TX.
  • Experience: Mark Siegmund is a founding member of Cherry Johnson Siegmund James PLLC, a firm frequently involved in patent litigation in the Eastern District of Texas.

Note: The specific roles (lead, of counsel, local) are assumed based on the typical division of labor between out-of-district and local firms in Eastern District of Texas patent cases, and the initial search results listing multiple attorneys from each firm as representing the plaintiff. The primary firm for WSOU Investments, LLC is Folio Law Group PLLC.

The defendant in Litigation re US Patent 8441721 (2:24-cv-00332) in the Eastern District of Texas is Cisco Systems, Inc..

Based on available docket information and consistent representation in related patent litigation, the following counsel represent Cisco Systems, Inc.:

• Monica Grover

  • Role: Counsel of Record (based on appearance in docket entries for this case)
  • Firm & Office Location: Unspecified in the provided snippet. Further investigation would be needed to identify her firm and location.
  • Relevant Experience: The snippet indicates her representation of Cisco in this specific patent case.

• Hyunjong Jin

  • Role: Counsel of Record (based on appearance in docket entries for this case)
  • Firm & Office Location: Unspecified in the provided snippet. Further investigation would be needed to identify her firm and location.
  • Relevant Experience: The snippet indicates his representation of Cisco in this specific patent case.

It is highly probable that attorneys from Gibson, Dunn & Crutcher LLP are also involved, given their extensive role as lead counsel for Cisco in other high-stakes patent litigation, including against WSOU Investments LLC (the plaintiff in this case) in the Western District of Texas. Key attorneys from Gibson Dunn who frequently represent Cisco in patent cases include:

• Brian Rosenthal

  • Role: Lead Counsel (in other significant patent cases for Cisco)
  • Firm & Office Location: Gibson, Dunn & Crutcher LLP, New York, NY.
  • Relevant Experience: A trial lawyer with a focus on patent litigation, he has litigated over 125 patent cases, often as lead counsel, leading and winning several jury trials and arbitrations. He successfully secured a rare directed verdict for Cisco in a patent infringement trial in the Western District of Texas against Corrigent Corp., and another defense verdict for Cisco and Duo against CosmoKey. He also served as lead counsel for Cisco against WSOU's infringement case in the Western District of Texas.

• Stuart M. Rosenberg

  • Role: Second-chair counsel (in other significant patent cases for Cisco)
  • Firm & Office Location: Gibson, Dunn & Crutcher LLP, New York, NY (based on typical firm structure and Rosenthal's location).
  • Relevant Experience: Rosenberg was second-chair counsel for Cisco in a patent infringement trial where they secured a directed verdict. He has experience cross-examining corporate representatives and presenting technical experts.

• Audrey Yang

  • Role: Associate/Counsel (in other significant patent cases for Cisco)
  • Firm & Office Location: Gibson, Dunn & Crutcher LLP.
  • Relevant Experience: Yang has argued and won Rule 12(c) motions invalidating patents for Cisco and was deeply involved in trial preparation and execution.

• Emily Whitcher

  • Role: Associate/Counsel (in other significant patent cases for Cisco)
  • Firm & Office Location: Gibson, Dunn & Crutcher LLP.
  • Relevant Experience: Whitcher has experience presenting damages experts in patent trials for Cisco.

Note on "Of Counsel" and "Local Counsel": Without direct PACER access to detailed appearances for this specific EDTX case, roles like "of counsel" or "local counsel" cannot be definitively assigned for all attorneys. The docket entries typically list attorneys who have made an appearance. However, the consistent involvement of Gibson Dunn in Cisco's patent defense in Texas suggests that additional Gibson Dunn attorneys, beyond those explicitly listed in the EDTX 2:24-cv-00332 event, would likely be involved in a lead or supporting capacity.