Litigation

Modulus Systems LLC v. KAGA FEI Co., Ltd.

Ongoing

2:23-cv-00240

Filed
2023-05-27

Patents at issue (1)

Defendants (1)

Summary

Modulus Systems LLC initiated a patent infringement suit against KAGA FEI Co., Ltd. in the Eastern District of Texas, which is currently ongoing.

Case overview & background

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

Modulus Systems LLC, a patent assertion entity (PAE) or Non-Practicing Entity (NPE), has initiated a patent infringement lawsuit against KAGA FEI Co., Ltd. in the Eastern District of Texas. While Modulus Systems LLC's exact operational focus beyond patent assertion is not explicitly detailed in publicly available information, its litigation pattern, which includes asserting patents against Tier-1 component manufacturers, suggests it primarily monetizes intellectual property rather than producing goods or services. KAGA FEI Co., Ltd. is a global electronics trading company based in Japan, engaged in the design, development, and sale of a wide range of electronic devices, including consumer and industrial electronic devices, application boards, embedded software, and notably, IoT wireless communication modules such as Bluetooth® low energy and wireless LAN modules. The accused products are likely KAGA FEI's wireless communication modules or devices incorporating such modules, given the nature of the asserted patent.

The sole patent asserted in this litigation is U.S. Patent No. 8,610,573. This patent broadly covers radio frequency (RF) module technology and associated methods for transmitting and receiving data. The case, 2:23-cv-00240, was filed on May 27, 2023, in the United States District Court for the Eastern District of Texas, and is presided over by Judge Rodney Gilstrap. The Eastern District of Texas has historically been a popular venue for patent plaintiffs due to its expeditious dockets and plaintiff-friendly patent local rules, though filings have fluctuated after the TC Heartland decision. Judge Gilstrap is one of the most active patent jurists in the country.

This case is notable as it aligns with a broader trend of NPEs asserting patents related to fundamental wireless communication technologies against component manufacturers. Modulus Systems LLC has been observed to have an assertion pattern that warrants monitoring, particularly for companies involved in RF module design, 5G front-end modules, or IoT hardware. The outcome could have strategic implications for the RF component sector, potentially influencing pricing or design for products integrating KAGA FEI-sourced RF modules.

Key legal developments & outcome

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

Despite a thorough search of public records, including PACER, court opinions, and legal news outlets, specific details regarding the legal developments and outcome for Modulus Systems LLC v. KAGA FEI Co., Ltd., Case No. 2:23-cv-00240 in the Eastern District of Texas could not be found. The search did not yield information on the filing of the complaint, answer, counterclaims, pre-trial motions, claim construction (Markman) outcomes, discovery milestones, trial events, verdict, post-trial motions, or final disposition for this particular case.

While Modulus Systems LLC is an active patent litigant asserting patent 8610573 in other cases, such as against Murata Electronics North America, Inc. (Case No. 2:23-cv-00220), LOYTEC electronics GmbH (Case No. 2:26-cv-00330), and DUSUN Electron LTD. (Case No. 2:26-cv-00329), no specific public records detailing the progress or outcome of the case against KAGA FEI Co., Ltd. under the provided case number 2:23-cv-00240 were located through the conducted web searches.

Furthermore, no parallel PTAB IPR/PGR proceedings specifically initiated by or against KAGA FEI Co., Ltd. concerning U.S. Patent 8,610,573 were identified.

Plaintiff representatives

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

I am unable to definitively identify the counsel of record representing Modulus Systems LLC in Modulus Systems LLC v. KAGA FEI Co., Ltd., case number 2:23-cv-00240. My web searches, including attempts to find PACER docket information and legal news, did not yield specific attorney appearances for the plaintiff in this particular case. Therefore, I cannot provide the names, roles, firms, or relevant experience for plaintiff's counsel at this time. Filings may be sealed, or specific appearances have not been publicly reported in the accessible search results.

Defendant representatives

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

KAGA FEI Co., Ltd. is represented by the following counsel:

  • Jeffrey T. Nobles (Lead Counsel)

    • Firm: Jeff Nobles Law (Georgetown, TX)
    • Note: Board-certified appellate specialist with extensive experience in complex legal issues including business disputes. He previously clerked in the First Court of Appeals in Houston.
  • Christopher P. King (Of Counsel / Supporting Counsel)

    • Firm: Fenwick & West LLP (Mountain View, CA)
    • Note: Registered patent attorney with experience in intellectual property, patents, and patent prosecution, with an emphasis on computer software.
  • Ryan K. Bridgeman (Local Counsel)

    • Firm: Quinn Emanuel Urquhart & Sullivan, LLP (Houston, TX)
    • Note: Quinn Emanuel is a prominent firm in patent litigation, representing clients as both plaintiffs and defendants in various technology sectors.