MemoryWeb LLC v. Microsoft Corp.

MemoryWeb LLC, a non-practicing entity (NPE) specializing in digital photo organization and media management technology, filed a patent infringement lawsuit against Microsoft Corp.. MemoryWeb previously offered an online photo storage service that focused on preserving family photos for genealogy purposes, but this service ceased operation in March 2025. Microsoft, a global technology giant, offers a wide array of software, hardware, and cloud-based services, including operating systems (Windows), productivity suites (Microsoft 365), search engines (Bing), cloud computing (Azure), and various consumer electronics and online services. While the specific accused product in this particular case against Microsoft is not explicitly detailed in the provided search results for case 6:21-cv-00411, MemoryWeb has asserted its patents against widely used applications in other litigations, such as Samsung's Gallery application, which is embedded in mobile platforms.

The asserted patent in this case is U.S. Patent No. 11,163,823. This patent is generally directed to a "method and apparatus for managing digital files". While granted after the initial filing of this lawsuit, it was nevertheless asserted. The case was filed in the U.S. District Court for the Western District of Texas, specifically in the Waco Division, and was presided over by Judge Alan D. Albright. This venue gained significant popularity among patent plaintiffs, particularly NPEs, due to Judge Albright's concerted efforts to establish it as a "serious venue for sophisticated patent litigation" with fast-track scheduling orders and a practice that historically allowed plaintiffs to almost certainly have their cases heard by him by filing in the Waco Division. Although the ability to guarantee Judge Albright as the presiding judge was later affected by a July 2022 order randomizing judge assignments in the Waco Division, this case was filed before that change.

This case is notable as part of MemoryWeb's broader pattern of asserting its digital media management patents as an NPE. The dismissal of this case with prejudice, as indicated in the case metadata, suggests a resolution before a full trial. This outcome is consistent with the general challenges faced by NPEs in securing favorable results against well-resourced technology companies that can mount comprehensive defenses, including through inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB). Indeed, MemoryWeb's U.S. Patent No. 11,163,823 was challenged in an IPR initiated by Samsung and subsequently affirmed as unpatentable by the Federal Circuit in December 2025, effectively extinguishing its enforceability. MemoryWeb has also been involved in other IPRs where its real party-in-interest determination was challenged by Unified Patents.

Legal Developments and Outcome for MemoryWeb LLC v. Microsoft Corp. (6:21-cv-00411)

Discrepancy Note: Publicly available records for case number 6:21-cv-00411 in the U.S. District Court for the Western District of Texas consistently identify the defendant as [[Samsung Electronics Co., Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.) et al.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.%20et%20al.), not Microsoft Corp.. The patents asserted in the MemoryWeb LLC v. Samsung case (6:21-cv-00411) are also different from U.S. Patent 11,163,823. For instance, some sources indicate patents such as 10,621,228 and 10,423,658 in relation to a MemoryWeb LLC case against Samsung. However, there is a record of an IPR petition (IPR2022-00904) filed by Samsung Electronics Co., Ltd. against MemoryWeb LLC, challenging U.S. Patent 11,163,823, which suggests that this patent was indeed asserted by MemoryWeb LLC against Samsung in some litigation.

Given the explicit instruction to analyze "MemoryWeb LLC v. Microsoft Corp." with case number "6:21-cv-00411" and patent "11163823", and acknowledging the conflict with public records, the following summary focuses on the outcome stated in the prompt (dismissed with prejudice) and attempts to find corresponding events, while noting the difficulty in sourcing specific details for this precise combination of parties, case number, and patent due to the discrepancy.

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Key Legal Developments and Outcome:

Filing & Initial Pleadings:

• Complaint Filed: MemoryWeb LLC filed a lawsuit against Microsoft Corp. on May 3, 2021, in the U.S. District Court for the Western District of Texas, case number 6:21-cv-00411. U.S. Patent 11,163,823, granted after the filing date, is listed as asserted in this case.

Specific details regarding Microsoft's answer or any counterclaims filed in this particular case (6:21-cv-00411, with Microsoft as defendant and patent 11,163,823) are not readily available in the public search results due to the consistent linking of this case number to MemoryWeb LLC v. Samsung.

Pre-trial Motions of Substance:
No specific pre-trial motions, such as motions to dismiss, transfer, stay pending IPR, or for summary judgment, could be definitively identified for MemoryWeb LLC v. Microsoft Corp. 6:21-cv-00411 involving patent 11,163,823. While transfer motions are common in the Western District of Texas for other cases, no such motions were specifically found for this precise combination of parties and patent.

Claim Construction (Markman) Outcomes:
The case did not proceed to a claim construction (Markman) hearing or ruling.

Discovery Milestones:
No specific discovery milestones with strategic significance were identified before the case's dismissal.

Trial Events, Verdict, and Post-Trial Motions:
The case did not reach trial, and therefore, no verdict or post-trial motions occurred.

Settlement, Dismissal, Judgment, or Appeal:

• Dismissal: The case was terminated on August 28, 2023, with a voluntary dismissal by the plaintiff, MemoryWeb LLC, with prejudice. This indicates a final resolution of the claims in this specific litigation, likely precluding MemoryWeb LLC from bringing the same claims against Microsoft Corp. again.

Parallel PTAB IPR/PGR Proceedings:
While no PTAB proceedings for U.S. Patent 11,163,823 were found specifically initiated by Microsoft Corp. in relation to this case, there was an IPR petition (IPR2022-00904) filed by Samsung Electronics Co., Ltd. challenging U.S. Patent 11,163,823 against MemoryWeb LLC. The effect of this Samsung-initiated IPR on the MemoryWeb LLC v. Microsoft Corp. case is not directly ascertainable, especially given the existing discrepancy in case details. IPRs and PGRs offer an alternative mechanism to challenge patent validity and can sometimes lead to stays in parallel district court litigation or influence settlement discussions. However, in this instance, the district court case was dismissed voluntarily by the plaintiff.

Despite extensive web searches for counsel of record in MemoryWeb LLC v. Microsoft Corp., case number 6:21-cv-00411, specific attorneys representing the plaintiff in this particular case could not be definitively identified.

It is important to note that multiple search results for case number 6:21-cv-00411 in the Western District of Texas consistently indicate the defendant as "Samsung Electronics Co., Ltd. et al." or "Samsung Group," rather than Microsoft Corp., with the complaint filed around April 26, 2021. However, per the operating rules, the provided case metadata stating "MemoryWeb LLC v. Microsoft Corp." for case number 6:21-cv-00411 is treated as authoritative.

While MemoryWeb LLC has been represented by counsel from Nixon Peabody LLP (including Jennifer Hayes, Angelo Christopher, Daniel J. Schwartz, and Matthew A. Werber) in other patent litigation matters against different defendants such as Apple and Unified Patents, there is no publicly available information directly linking these attorneys or their firm to the specific MemoryWeb LLC v. Microsoft Corp. case with the provided case number 6:21-cv-00411.

Without access to the specific docket entries for MemoryWeb LLC v. Microsoft Corp., case 6:21-cv-00411, which would list appearances, the counsel of record for the plaintiff cannot be identified. Filings may be sealed, or initial appearances were not widely reported in public legal news sources.

Despite extensive web searches for case 6:21-cv-00411, MemoryWeb LLC v. Microsoft Corp., specific counsel of record representing Microsoft Corp. could not be definitively identified through publicly available resources such as Law360, Reuters Legal, or firm press releases directly referencing this particular case. The case was voluntarily dismissed by the plaintiff with prejudice, which may have limited the public filings and subsequent reporting related to defense counsel.

While several legal news snippets discuss other patent infringement cases involving Microsoft in the Western District of Texas, and some mention firms that frequently represent Microsoft, there is no direct evidence to confirm the specific attorneys who appeared for Microsoft in MemoryWeb LLC v. Microsoft Corp.. For example, Jackson Walker is noted for defending Microsoft's intellectual property in the Western District of Texas and has a proposed Microsoft team listed for general IP litigation. Additionally, Norton Rose Fulbright LLP was identified as representing Microsoft in a different Western District of Texas patent case (Media Key LLC v. Microsoft, 1:24-cv-00201). However, these observations do not confirm their involvement in the MemoryWeb LLC case (6:21-cv-00411).

Therefore, specific counsel details for Microsoft Corp. in this case are not available through the conducted web searches.