Litigation
Mosaid Technologies Inc. v. Infineon Technologies AG et al.
Open1:25-cv-00436
- Filed
- 2025-03-25
Patents at issue (1)
Plaintiffs (1)
Summary
Mosaid Technologies Inc. filed a patent infringement suit against Infineon Technologies AG and Infineon Technologies Americas Corp., which filed an answer and counterclaim. The case is active and has been reassigned to Judge Alan D. Albright.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
Mosaid Technologies Inc. has initiated a patent infringement lawsuit against Infineon Technologies AG and its subsidiary, Infineon Technologies Americas Corp., in the U.S. District Court for the Western District of Texas. Mosaid Technologies is a Canadian intellectual property (IP) management company that specializes in the licensing, acquisition, and monetization of patents, primarily in semiconductor and wireless technologies, characterizing it as a Non-Practicing Entity (NPE) or Patent Assertion Entity (PAE). Conversely, Infineon Technologies AG, a German company, and Infineon Technologies Americas Corp., its American counterpart, operate as semiconductor device designers and manufacturers, supplying components for the automotive, power, and security systems industries.
The asserted patent in this specific litigation is U.S. Patent No. 10,140,028, titled "METHODS AND APPARATUSES FOR REDUCING HEAT LOSS FROM EDGE DIRECTORS". While the specific accused products for this case (1:25-cv-00436) are not explicitly detailed in the provided snippets for patent 10,140,028, a related filing by Mosaid against Infineon (1:25-cv-00358) targets "processors (i.e., programmable systems-on-chip) and wireless connectivity SoCs (i.e., the AIROC Wi-Fi and Bluetooth Combo products)" used in various electronics sectors, including communications, IoT, automotive, computer, and consumer electronics industries. It is plausible that the accused products in the current case fall within these general categories of semiconductor devices.
The case, filed on March 25, 2025, is active in the U.S. District Court for the Western District of Texas and has been reassigned to Judge Alan D. Albright. Infineon has filed an answer and counterclaim. This venue is particularly notable in patent litigation due to Judge Albright's historical efforts to attract patent cases, known for establishing fast-track schedules and often resisting motions to invalidate patents or transfer cases. However, recent administrative orders in the Western District of Texas, particularly a July 2022 order and an updated May 2024 version, aim to randomize patent case assignments in the Waco Division, potentially impacting the certainty of cases being assigned to Judge Albright. Furthermore, Infineon Technologies Americas Corp. has already filed a petition for inter partes review (IPR) against claims of U.S. Patent No. 10,140,028 (IPR2025-01456) with the Patent Trial and Appeal Board (PTAB), indicating a common strategy by defendants to challenge patent validity in parallel proceedings. The fact that Mosaid previously engaged in "many discussions" with Infineon and/or Cypress (acquired by Infineon in 2020) regarding patent infringement between November 2017 and August 2024 suggests a history of licensing negotiations prior to litigation. This case exemplifies the ongoing landscape of NPE-led patent assertions within the semiconductor industry, often involving complex technologies and parallel challenges at the PTAB.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Key Legal Developments in Mosaid Technologies Inc. v. Infineon Technologies AG et al.
The patent infringement lawsuit filed by Mosaid Technologies Inc. against Infineon Technologies AG and Infineon Technologies Americas Corp. in the U.S. District Court for the Western District of Texas (Case No. 1:25-cv-00436) is currently active and has seen several initial legal developments, including the filing of pleadings, a reassignment of the judge, and the commencement of claim construction proceedings. Parallel inter partes review (IPR) proceedings have also been initiated at the Patent Trial and Appeal Board (PTAB) challenging the asserted patent.
Chronological Legal Developments:
- 2025-03-25 – Complaint Filed: Mosaid Technologies Inc. filed its patent infringement complaint against Infineon Technologies AG and Infineon Technologies Americas Corp., asserting U.S. Patent No. 10,140,028.
- 2025-03-28 – Service of Process: Summons was issued and served on Infineon Technologies Americas Corp., with an answer due by April 18, 2025. A waiver of service was returned executed for Infineon Technologies AG, with an answer due by May 27, 2025.
- 2025-04-14 – Case Reassigned to Judge Albright: The case was reassigned from Judge Robert Pitman to Judge Alan D. Albright for all proceedings.
- 2025-04-18 (approx.) – Answer and Counterclaims: Infineon Technologies Americas Corp. filed an answer to the complaint with a jury demand and asserted counterclaims against Mosaid Technologies Inc.
- 2025-05-27 (approx.) – Answer and Counterclaims (Infineon Technologies AG): Infineon Technologies AG is expected to have filed its answer and counterclaims around this date, following the waiver of service.
- 2025-05-XX – Answer to Counterclaims: Mosaid Technologies Inc. filed its answer to Infineon's counterclaims.
- 2025-06-20 – Parallel IPR Filed (IPR2025-01171): Infineon Technologies Americas Corp. filed an IPR petition, IPR2025-01171, challenging U.S. Patent No. 7,051,306, owned by Mosaid Technologies Inc. This IPR was later instituted on December 1, 2025.
- 2025-08-29 – Parallel IPRs Filed (IPR2025-01456, IPR2025-01487, IPR2025-01489): Infineon Technologies Americas Corp. filed multiple IPR petitions. IPR2025-01456 was filed against the asserted patent, U.S. Patent No. 10,140,028, and is currently listed as "Not Instituted - Procedural." IPR2025-01487, challenging U.S. Patent No. 9,972,381, was instituted on March 17, 2026. IPR2025-01489, challenging U.S. Patent No. 7,349,448, is also listed as "Not Instituted - Procedural."
- 2025-09-24 – Infineon's Reservation of Rights in view of IPRs: Infineon indicated that if the PTAB declines to institute IPR2025-01456 (challenging patent 10,140,028) or if institution is later vacated, reversed, or withdrawn, Infineon reserves the right to assert any grounds of invalidity against U.S. Patent 10,140,028 in the district court proceeding. Similar reservations were made for other challenged patents.
- 2025-10-17 – First Amended Scheduling Order: A First Amended Scheduling Order was issued in the district court case.
- 2025-10-27 – Defendant's Opening Claim Construction Brief: Infineon Technologies AG filed its opening brief regarding claim construction.
- 2025-11-03 – Defendants' Election of Asserted Prior Art Grounds: Defendants filed their election of asserted prior art grounds.
Current Posture:
The case is active in the U.S. District Court for the Western District of Texas before Judge Alan D. Albright. The parties have begun claim construction proceedings, as evidenced by Infineon's filing of an opening claim construction brief.
Parallel PTAB IPR Proceedings:
Infineon Technologies Americas Corp. has filed several IPR petitions against Mosaid's patents, including U.S. Patent No. 10,140,028, the patent asserted in this litigation.
- IPR2025-01456 targeting U.S. Patent No. 10,140,028 (the patent at issue in the district court case) was filed on August 29, 2025, and its status is "Not Instituted - Procedural."
- IPR2025-01171 challenging U.S. Patent No. 7,051,306 was filed on June 20, 2025, and was instituted on December 1, 2025.
- IPR2025-01487 challenging U.S. Patent No. 9,972,381 was filed on August 29, 2025, and was instituted on March 17, 2026.
- IPR2025-01489 challenging U.S. Patent No. 7,349,448 was filed on August 29, 2025, and its status is "Not Instituted - Procedural."
The "Not Instituted - Procedural" status for IPR2025-01456 means that the PTAB has not yet made a substantive decision on whether to institute a full review of patent 10,140,028. Infineon has explicitly reserved its right to pursue invalidity grounds in the district court if the IPR is not instituted or its institution is withdrawn. The institution of IPRs for other Mosaid patents (7,051,306 and 9,972,381) against Infineon indicates active challenges to Mosaid's broader patent portfolio.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Capshaw DeRieux
- Sidney Calvin Capshaw · counsel of record
- Elizabeth L. DeRieux · counsel of record
Counsel representing Mosaid Technologies Inc. in Mosaid Technologies Inc. v. Infineon Technologies AG et al. (1:25-cv-00436) include:
Sidney Calvin Capshaw
- Role: Counsel of record (likely lead and/or local counsel, given firm's location and experience).
- Firm: Capshaw DeRieux, LLP, Longview, Texas.
- Experience: Mr. Capshaw's practice primarily involves commercial litigation, patent litigation, and federal court litigation. He is admitted to practice in the United States District Court for the Western District of Texas and the United States Court of Appeals for the Federal Circuit.
Elizabeth L. DeRieux
- Role: Counsel of record (likely lead and/or local counsel, given firm's location and experience).
- Firm: Capshaw DeRieux, LLP, Longview, Texas.
- Experience: Ms. DeRieux has a broad federal practice that includes commercial litigation, intellectual property, and antitrust. Her background in appellate law informs her practice in federal and state courts. She is admitted to practice in the United States Court of Appeals for the Fifth Circuit.
Note on roles: While specific "lead" or "local" counsel designations are not explicitly detailed in the provided search snippets for this precise case, Capshaw DeRieux, LLP is a Texas-based firm with partners who have extensive patent and federal court litigation experience, making them well-suited to serve in either or both capacities in the U.S. District Court for the Western District of Texas.
It is worth noting that Mosaid Technologies Inc. has been represented by other firms in different, though related, patent litigation. For instance, in a separate 2025 case against Intel (1:25-cv-00677) in the Western District of Texas, Winstead PC, with local counsel Ciccarelli Law Firm, represented Mosaid. Additionally, in an unrelated IPR proceeding (IPR2025-01171), Parham Hendifar was listed as counsel for Mosaid. However, for the specific case 1:25-cv-00436, Sidney Calvin Capshaw and Elizabeth L. DeRieux appear as primary representatives.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
To identify the counsel of record for defendants Infineon Technologies AG and Infineon Technologies Americas Corp. in Mosaid Technologies Inc. v. Infineon Technologies AG et al. (1:25-cv-00436), a review of the publicly available docket information and related proceedings is necessary. The defendants have filed an answer and counterclaim in the district court case. Additionally, Infineon Technologies Americas Corp. is a petitioner in a related Patent Trial and Appeal Board (PTAB) IPR proceeding (IPR2025-01456) challenging the patent at issue, 10,140,028. Documents from this IPR directly reference filings in the district court case, including the "Defendant's Opening Claim Construction Brief" (Dkt. 44, filed October 27, 2025).
While direct PACER access to the specific docket entries for counsel appearances is not available, patent litigation practices often see the same law firms and attorneys represent a party in both district court and related PTAB proceedings.
Based on publicly available information, the following counsel are likely representing Infineon Technologies AG and Infineon Technologies Americas Corp. in the district court case:
Counsel for Infineon Technologies AG and Infineon Technologies Americas Corp.:
- Firm: Further specific firm and attorney names appearing on the Answer and Counterclaim or the Claim Construction Brief in the district court case (Dkt. 9 and Dkt. 44, respectively) would need to be directly accessed from the court's docket to provide definitive counsel information. While Norton Rose Fulbright was mentioned in connection with Infineon's patent department in Germany, this information is from 2022 and concerns a German patent attorney and does not directly identify US litigation counsel for this specific case.
Note on In-House Counsel:
Infineon Technologies has an active Legal & Patent department that manages its intellectual property rights and advises on legal and contractual matters. Their in-house team is involved in patent prosecution, portfolio management, and supports regional projects including litigation. While specific in-house counsel names for this litigation are not publicly listed in the provided snippets, it is common for in-house legal teams to work closely with outside counsel in such cases. For instance, Ronak Kalhor-Witzel, previously Director Corporate Patents at Infineon, managed portfolios for MEMS semiconductors and quantum technology before moving to Norton Rose Fulbright in 2023.
Without direct access to the "Appearance" or "Answer" docket entries in 1:25-cv-00436, specific names, roles, and firms for lead and local counsel cannot be definitively identified at this time. Filings are not sealed, but direct attorney appearance lists for this specific case from official dockets are not in the provided search results.