Litigation

Meta Platforms, Inc. et al. v. VL Collective IP LLC

final written decision

IPR2023-00923

Filed
2023-05-24
Terminated
2024-12-05

Patents at issue (1)

Summary

Inter partes review of U.S. Patent No. 7,266,682. The Board granted institution and issued a final written decision holding all challenged claims unpatentable; an IPR certificate issued August 18, 2025.

Case overview & background

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

I'll research this case thoroughly. Note one important framing issue up front: the metadata identifies this as an IPR at the PTAB, not a district court action — so I'll need to verify the relationship (if any) to a parallel district court suit.

Rich results. Let me dig into the parallel district court case, the patent owner's identity/campaign, and the sister IPR.

Key legal developments & outcome

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

I'll research this case, keeping in mind the metadata describes a PTAB IPR (not a district court case), so I'll look for the parallel district court litigation involving U.S. Patent No. 7,266,682 and VL Collective IP.

Key finding: there's a parallel Delaware district court case. Let me dig deeper into the docket, rulings, and the related IPRs.

Framing note

The case named in the metadata — IPR2023-00923 — is the PTAB proceeding. The patent infringement litigation on U.S. Pat. No. 7,266,682 is the parallel Delaware action:

Everything below is organized chronologically and flags where I could not verify a fact.


1. Filing and initial pleadings (2022)

  • 2022-05-24 — VideoLabs, Inc. and VL Collective IP LLC file a five-count complaint in D. Del. against Meta and four subsidiaries, alleging § 271(a) infringement of:
    • Count I — U.S. 8,139,878 ('878, H.264 entropy/VLC coding)
    • Count II — U.S. 7,769,238 ('238, coding)
    • Count III — U.S. 7,970,059 ('059)
    • Count IV — U.S. 7,266,682 ('682, WebRTC/SRTP authentication)
    • Count V — U.S. 7,436,980 ('980, object detection/tracking)
      (Docs. 1; summarized in 2024-04-22 opinion, Doc. 35, at 1–4.)
  • The complaint pleaded willfulness and indirect infringement (induced + contributory) on each count, and alleged notice predating suit — e.g., "VideoLabs representatives reached out to Meta representatives at least as early as 2019-10-02," knowledge of the patent family since 2020-01-30, and knowledge of the '682 patent since 2021-05-23. Accused '682 functionality was WebRTC/SRTP in Meta products/services.
  • Answer/counterclaims: ⚠️ I could not verify the date

Plaintiff representatives

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

I'll research the counsel of record for the petitioners (Meta et al.) in this IPR.

I have strong initial data. Let me verify additional counsel, the hearing transcript for this specific IPR, and any updates.

Let me confirm the hearing appearances for IPR2023-00923 specifically and the attorneys' backgrounds.

Counsel of Record — Petitioner Side (Meta Platforms et al.) in IPR2023-00923

Important framing note: This is a PTAB inter partes review, not a district‑court infringement suit. The parties you list (Meta Platforms, Inc.; Instagram, Inc.; WhatsApp LLC; Meta Platforms Technologies, LLC; Giphy, Inc.) are the Petitioners, not "plaintiffs." The "plaintiff/appellant" side in the related Article III litigation and appeal is VL Collective (patent owner). So below I give the counsel of record for the Petitioner (Meta) side — the party you identified as the "plaintiff(s)."

All appearances below are drawn from the PTAB record: Petitioners' Updated Mandatory Notices (Paper filed May 8, 2024), and the deposition/oral‑hearing transcripts and pro hac vice filings in the file. Registration numbers are as stated in those filings.

Lead Counsel

Name Role Firm / Office Notes
W. Todd Baker (Reg. No. 45,265) Lead counsel Kirkland & Ellis LLP — 1301 Pennsylvania Ave., N.W., Washington, D.C. 20004 Longtime Kirkland IP‑litigation partner and registered practitioner; principal Kirkland PTAB/lead attorney of record for Meta across this and the companion VideoLabs IPRs (e.g., IPR2023‑00924). Source: PTAB Updated Mandatory Notices; hearing transcript.

Back‑Up Counsel

Name Role Firm / Office Notes
Ellisen Shelton Turner (Reg. No. 54,503) Back‑up counsel Kirkland & Ellis LLP — 2049 Century Park East, 37th Fl., Los Angeles, CA 90067 Kirkland IP litigator; has appeared for Meta in other patent matters (e.g., Gentex Corp. v. Meta Platforms, N.D. Cal.). Source: PTAB Updated Mandatory Notices.
Jonathan D. Brit (Reg. No. 75,646) Back‑up counsel Kirkland & Ellis LLP — 601 Lexington Ave., New York, NY 10022 Handled the July 19, 2024 expert deposition (Dr. Houh) in this IPR and appeared for Petitioners. Source: PTAB deposition transcript; Mandatory Notices.
Ethan Perbohner (pro hac vice; Illinois Bar No. 6342504) Back‑up counsel Kirkland & Ellis LLP — 333 W. Wolf Point Plaza, Chicago, IL 60654 (also listed at 300 N. LaSalle) Filed a pro hac vice declaration stating he works on the parallel D. Del. action and this IPR. Source: Declaration in Support of Pro Hac Vice Admission; Mandatory Notices.

Additional Kirkland attorney appearing on the Meta team

Name Role Firm / Office Notes
Yan‑Xin Li Attorney of record on Meta's Kirkland team; appeared at oral argument in the companion IPR2023‑00924 Kirkland & Ellis LLP — 555 California St., 27th Fl., San Francisco, CA 94104 Partner in Kirkland's IP Litigation Group; registered patent attorney; also Meta counsel in other patent matters. She is confirmed on the team/service list and appeared at the 00924 hearing (Sept. 10, 2024); I could not independently confirm her appearance at the 00923 hearing from the sources retrieved. Source: Kirkland firm bio; IPR2023‑00924 hearing transcript; service lists.

Practice notes

  • Firm: Kirkland & Ellis LLP is the sole outside firm of record for the Meta Petitioners in this IPR. There is no separate "local counsel" in an IPR (no local‑counsel requirement applies).
  • In‑house counsel: No Meta in‑house attorney is named in the mandatory notices or powers of attorney; I found no in‑house appearance on the record.
  • Parallel district court: The '682 patent was asserted in VideoLabs, Inc. v. Meta Platforms, Inc., No. 1:22‑cv‑00680 (D. Del.) — the D. Del. defense team is separate from (and not established by) the PTAB record here.
  • Unrelated Meta "FEDER" appearance: A David Feder appears as "Plaintiff's Counsel" in a Meta enforcement/subpoena matter, Meta Platforms, Inc. et al. v. VL Collective IP LLC, No. 3:24‑cv‑04930 (D.N.J.). That is not counsel of record in IPR2023‑00923 and should not be attributed to the Meta litigation team here.

Caveats / sourcing limits

  • I could not run PACER or PTAB E2E directly; the above is grounded in public PTAB filings (Updated Mandatory Notices dated May 8, 2024; pro hac vice declaration of Ethan Perbohner; deposition and oral‑hearing transcripts) surfaced via the USPTO PTAB documents portal, plus the Kirkland firm bio for Yan‑Xin Li.
  • Biographical "notable past cases" for Baker, Turner, and Brit are stated only where a filing or docket confirms them; I did not find, and therefore do not assert, further specific case histories for them.
  • Outcome context: the Board's Final Written Decision (Dec. 5, 2024) held claims 1–28 unpatentable; VL Collective's Federal Circuit appeal (VL Collective IP, LLC v. Meta Platforms, Inc., No. 2025‑1414) was dismissed under Fed. R. App. P. 42(b) on Aug. 7, 2025, and the IPR certificate issued Aug. 18, 2025.

If you want the Patent Owner (VL Collective) side as well, that team is Reichman Jorgensen Lehman & Feldberg LLP (Christine E. Lehman, Philip J. Eklem, Jaime Cardenas‑Navia, Michael Matulewicz‑Crowley) — say the word and I'll expand it.

Defendant representatives

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

I'll research the defense side of the parallel Delaware action (the "defendant(s)" — the Meta entities). Let me search the docket and firm sources.

The task asks for the defendant(s) side. Note the metadata labels: "Defendant(s): VL Collective IP LLC" — i.e., the patent owner (which is the plaintiff in the D. Del. infringement suit, where the Meta entities are defendants). Let me research both sides' counsel to resolve this cleanly.

Counsel of record — "defendant" side (VL Collective IP LLC)

Framing note (important): The case metadata labels VL Collective IP LLC as "Defendant(s)." In the PTAB proceeding that is the caption of this case (IPR2023‑00923), VL Collective is actually the Patent Owner (the party defending the validity of U.S. Pat. No. 7,266,682), and in the parallel Delaware infringement action it is the plaintiff. The Meta entities are the Petitioners in this IPR. Because the previously generated "plaintiff representatives" section already covered the Meta/Kirkland side, the section below covers the complementary party — VL Collective IP LLC, the "Defendant(s)" per the metadata — i.e., the patent‑owner/defendant side.

All names below are drawn from the PTAB record (Patent Owner's Power of Attorney/mandatory notices, Board orders, hearing transcripts, and the parties' service e‑mail distribution lists) and from the D. Del. docket. I flag where a fact is not independently confirmed.


1. IPR-side team — Reichman Jorgensen Lehman & Feldberg LLP (Patent Owner VL Collective)

Reichman Jorgensen Lehman & Feldberg LLP is the sole firm representing VL Collective in the IPRs, including IPR2023‑00923.

Name Role Firm / Office Notes
Christine E. Lehman (Reg. No. 38,535) Lead counsel Reichman Jorgensen Lehman & Feldberg LLP — Washington, DC (1909 K St. NW, Suite 800; also 1710 Rhode Island Ave. NW) Founding name partner; registered practitioner; lead Patent‑Owner counsel across the VideoLabs/VL Collective IPR portfolio. She has argued VL Collective appeals at the Federal Circuit (e.g., the VL Collective IP v. Netflix appeals, Nos. 25‑1131/25‑1132, argued May 2026). Source: PTAB Power of Attorney / mandatory notices; Fed. Cir. opinions.
Michael Matulewicz‑Crowley (Reg. No. 72,220) Back‑up counsel (lead counsel on some sister VideoLabs IPRs) Reichman Jorgensen Lehman & Feldberg LLP — New York, NY (400 Madison Ave., Suite 14D) Registered practitioner; appears on the VL Collective team across the VideoLabs IPRs (listed as lead on the '790 IPR2023‑00628 POA). Source: PTAB filings/service lists.
Jaime F. Cardenas‑Navia (pro hac vice) Counsel; argued at the 00923 oral hearing Reichman Jorgensen Lehman & Feldberg LLP — New York, NY In IPR2023‑00923, Patent Owner requested that Mr. Cardenas‑Navia present at the hearing (his pro hac vice motion was then pending). He also argued for VL Collective at the Fed. Cir. (25‑1131). Source: PTAB e‑mail/order of Oct. 18, 2023; Fed. Cir. Rule 36 judgment (25‑1131).
Philip J. Eklem (pro hac vice) Back‑up counsel Reichman Jorgensen Lehman & Feldberg LLP — Washington, DC On the VL Collective service list for IPR2023‑00923 and appeared at the companion '980 hearing (IPR2023‑00924, Sept. 10, 2024). Source: PTAB e‑mail distribution list; 00924 hearing transcript.
Wesley L. White (pro hac vice) Counsel Reichman Jorgensen Lehman & Feldberg LLP — New York, NY (750 Third Ave., Suite 2400) Appears on VL Collective/VideoLabs pleadings and IPR service materials.
Naveed S. Hasan (pro hac vice) Counsel Reichman Jorgensen Lehman & Feldberg LLP — New York, NY Listed on the VL Collective IPR service lists (e.g., Netflix v. VL Collective, IPR2023‑00891).
Taylor N. Mauze (pro hac vice) Counsel Reichman Jorgensen Lehman & Feldberg LLP — Austin, TX (7500 Rialto Blvd., Ste. 1‑250) On the VideoLabs/VL Collective IPR and district‑court teams; appeared in VideoLabs hearings.
Courtland L. Reichman (CA Bar No. 268873) Counsel (founder) Reichman Jorgensen Lehman & Feldberg LLP — Redwood Shores, CA (100 Marine Pkwy., Suite 300) Founder of the firm; lead counsel in VideoLabs' coordinated campaigns (e.g., VideoLabs, Inc. v. Apple Inc., N.D. Cal.). On the VideoLabs pro hac vice rosters.

Practice notes:

  • No in‑house counsel appears on the PTAB record for VL Collective; the IPR work is handled entirely by Reichman Jorgensen.
  • I could not independently confirm a filed Power of Attorney or Updated Mandatory Notice that fixes which attorney is designated "lead" vs. "back‑up" specifically in IPR2023‑00923 (as opposed to the sister VideoLabs IPRs). The individuals above are all confirmed as being on the VL Collective side of this IPR via the parties' service lists, Board orders, and/or hearing materials.

2. Local counsel — Farnan LLP (Wilmington, DE)

VL Collective and VideoLabs use Farnan LLP as their Delaware local counsel in the D. Del. infringement litigation (Farnan signed the complaint and the IPR‑related D. Del. papers):

Name Role Firm / Office Notes
Brian E. Farnan (Del. Bar No. 4089) Local counsel Farnan LLP — Wilmington, DE (919 N. Market St., 12th Fl.) Signed the Complaint in VideoLabs, Inc. v. Meta Platforms, Inc., No. 1:22‑cv‑00680 (D. Del.).
Michael J. Farnan (Del. Bar No. 5165) Local counsel Farnan LLP — Wilmington, DE Co‑counsel on the VideoLabs/VL Collective Delaware filings.

3. The actual D. Del. "defendants" (Meta entities) — for completeness

If by "defendant(s) in this patent infringement case" you mean the defendants in the parallel Delaware infringement action — Meta Platforms, Inc.; Instagram, Inc.; WhatsApp LLC; Facebook Technologies LLC; and GIPHY, Inc. — their defense side is the same Kirkland & Ellis team that acts as Petitioners here (lead: W. Todd Baker, Reg. No. 45,265; back‑up: Ellisen Shelton Turner, Jonathan D. Brit, Ethan Perbohner, per the Updated Mandatory Notices). ⚠️ Caveat: I could not confirm from the sources retrieved the identity of Meta's Delaware local counsel in the D. Del. action (the Kirkland team handles the substantive work, but D. Del. practice requires a Delaware‑admitted local firm, e.g., Morris, Nichols, Arsht & Tunnell, Young Conaway, or similar). That local‑counsel fact is not verified here and should not be assumed.


Caveats / sourcing limits

  • I could not query PACER or PTAB E2E directly; the above rests on public PTAB filings (Power of Attorney, mandatory notices, Board orders, service lists), the parties' e‑mail distributions of record, the D. Del. complaint/docket, the ded.uscourts.gov opinion page, and Fed. Cir. opinions surfaced via search.
  • Office addresses and bar/registration numbers are as stated in those filings; Reichman Jorgensen has since used multiple addresses for the same attorneys (e.g., Lehman at both 1909 K St. NW and 1710 Rhode Island Ave. NW), so both are noted where they appear.
  • Do not attribute the Meta "FEDER" / subpoena matter in D.N.J. (Meta Platforms, Inc. et al. v. VL Collective IP LLC, No. 3:24‑cv‑04930) counsel to this case; that is a separate enforcement action.

If you actually want the D. Del. defense team for the Meta entities (Kirkland + Delaware local counsel) confirmed, that requires a PACER/docket pull of No. 1:22‑cv‑00680, which I was not able to complete here.