Litigation
Omni MedSci, Inc. v. Samsung Electronics, Co. Ltd. et al.
Pending2:24-cv-01070
- Filed
- 2024-12-20
Patents at issue (1)
Plaintiffs (1)
Summary
Omni MedSci, Inc. filed a patent infringement lawsuit in the Eastern District of Texas against Samsung, Fossil, OnePlus, and Ōura Health Oy, asserting patent 12193790. The case is pending, with defendants having moved for a stay.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
Omni MedSci, Inc., a non-practicing entity (NPE) linked to inventor Professor Mohammed N. Islam of the University of Michigan, initiated this patent infringement lawsuit in the Eastern District of Texas. The plaintiff asserts its intellectual property against several prominent consumer electronics and wearable technology companies: Samsung Electronics Co. Ltd. and its American subsidiary (a multinational electronics conglomerate known for smartphones and smartwatches), Fossil Group, Inc. and its related entities (an American fashion design and manufacturer of watches and smartwatches), OnePlus Technology (Shenzhen) Co., Ltd. (a Chinese manufacturer of smartphones and accessories), and Ōura Health Oy (a Finnish health technology company known for its Oura smart rings). The accused products and technologies are broadly described as wearable devices, including smartwatches and smart rings, as well as mobile phones and tablets, which allegedly measure physiological parameters and wirelessly transmit data. The litigation, originally filed asserting five patents, later expanded to include seven patents in total, with US Patent 12193790 being one of the asserted patents. Patent 12193790 generally relates to physiological parameter measurement using wearable devices.
The case is currently pending in the Eastern District of Texas, Marshall Division, a venue frequently chosen for patent disputes. It is assigned to District Judge Rodney Gilstrap, with Magistrate Judge Roy S. Payne also involved. A key procedural development is the defendants' motion for a stay of the litigation, pending the outcome of inter partes review (IPR) and post-grant review (PGR) proceedings at the Patent Trial and Appeal Board (PTAB). Defendant Ōura Health Oy has also filed motions to dismiss Omni MedSci's amended complaints.
This case is notable due to Omni MedSci's established pattern as an NPE, having previously engaged in patent litigation against other major technology companies like Apple and DexCom, with some prior art challenges at the PTAB resulting in claims being found unpatentable. The continued assertion of patents against multiple industry leaders in the booming wearable technology and mobile device markets highlights the potential for significant industry impact, particularly concerning health and fitness tracking functionalities. The defendants' strategy of pursuing IPRs and PGRs at the PTAB, even for the recently added 12193790 patent, indicates that patent validity challenges remain a central and aggressive defense tactic in this campaign.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
This case, Omni MedSci, Inc. v. Samsung Electronics, Co. Ltd. et al. (2:24-cv-01070), is currently pending in the Eastern District of Texas. The litigation involves Omni MedSci, Inc. asserting patent infringement against multiple defendants in the wearable technology and mobile device industries. Here's a chronological overview of the key legal developments and outcomes:
Key Legal Developments and Outcome
1. Filing & Initial Pleadings (2024-2025)
- Complaint Filed (2024-12-20): Omni MedSci, Inc. filed its original complaint against the defendants, asserting infringement of five patents.
- First Amended Complaint (2025-03-06): Omni MedSci filed its First Amended Complaint, additionally asserting infringement of patent 12193790.
- Second Amended Complaint (2025-05-19): Omni MedSci filed a Second Amended Complaint, further adding patent 12268475 to the asserted patents.
- Plaintiff's Disclosure of Asserted Claims & Infringement Contentions (2025-05-09): Omni MedSci disclosed its asserted claims and infringement contentions.
- Third Amended Complaint (2025-08-12): Omni MedSci filed its Third Amended Complaint, asserting a total of seven patents, with 34 claims across these patents.
- Defendants' Supplemental Invalidity and Subject Matter Eligibility Contentions (2025-07-18): Defendants submitted their contentions regarding invalidity and subject matter eligibility.
- OnePlus Technology (Shenzhen) Co., Ltd. Appearance: As of August 2025, defendant OnePlus had not yet appeared in the case, and its answer was due on September 18, 2025.
2. Pre-trial Motions of Substance
- Motions to Dismiss filed by Ōura Health Oy (Terminated): Ōura Health Oy filed motions to dismiss, which were later terminated.
- Defendants' Motion to Stay Pending IPR/PGR (Filed 2025-08-27): Defendants, including Samsung, Fossil, and Ōura Health Oy, filed a motion to stay the litigation pending the institution and outcome of inter partes review (IPR) and post-grant review (PGR) proceedings at the PTAB. The motion argued that a stay would promote efficiency as the IPRs and PGRs were filed at an early stage of the case, before significant discovery or claim construction had occurred.
- Motion to Stay in Parallel Case (Delaware District Court) (Granted Conditionally): In a related case, Omni MedSci, Inc. v. WHOOP, Inc. (1:25-cv-00140, D. Del.), a motion to stay pending IPR and PGR proceedings was conditionally granted. The Delaware court's decision noted that Samsung's IPRs on several patents, including the '790 patent, were instituted in February 2026 and Whoop's PGR on the '790 patent was instituted in April 2026.
3. Claim Construction (Markman) Outcomes
- Markman Hearing Scheduled (2026-02-13): A Markman hearing was scheduled for February 13, 2026. Later, it was set for February 19, 2026, at 9:00 AM before Magistrate Judge Roy S. Payne.
4. Parallel PTAB IPR/PGR Proceedings on the Asserted Patents
Multiple IPR and PGR petitions have been filed against the patents asserted by Omni MedSci, including patent 12193790.
- Samsung IPRs (Filed 2025-08-05): Samsung Electronics Co., Ltd. filed several IPR petitions against Omni MedSci, Inc., including IPR2025-01252 (Patent No. 11160455), IPR2025-01253 (Patent No. 12193790), IPR2025-01249 (Patent No. 9055868), IPR2025-01250 (Patent No. 9651533), and IPR2025-01251 (Patent No. 10874304).
- IPR2025-01253 (Patent 12193790) - Institution Denied: The PTAB denied institution for IPR2025-01253 concerning patent 12193790.
- PGR2025-00064 (Patent 12193790) - Discretionary Denial: A PGR petition filed by Samsung for patent 12193790 (PGR2025-00064) received a discretionary denial.
- Samsung IPRs on other patents (Instituted Feb 2026): IPRs filed by Samsung on patents 9651533, 10874304, 11160455, and 12268475 were instituted in February 2026.
- WHOOP IPRs/PGRs (Filed 2025): WHOOP, Inc. also filed IPR and PGR petitions against several of the asserted patents, including IPR2025-01583, IPR2025-01584, and IPR2025-01585.
- PGR2026-00003 (Patent 12193790) - Institution Granted: A PGR (PGR2026-00003) related to patent 12193790 was instituted on May 6, 2026.
5. Present Posture
- The case remains pending in the Eastern District of Texas. The motions to stay pending IPR outcomes suggest a deferral of significant litigation activity while the PTAB proceedings unfold.
- The denial of institution for some PTAB challenges to patent 12193790, and the institution of others (PGR2026-00003), indicate a mixed outcome for the defendants' invalidity challenges at the PTAB, which could influence the ongoing district court litigation.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Nelson & Hammons
- Michael J. Allen · Lead Counsel
- Jonathan E. Ruder · Lead Counsel
- Wolter VanDyke Davis
- Robert L. Wolter · Local Counsel
- The Law Office of D. Michael Hurst, Jr.
- D. Michael Hurst, Jr. · Local Counsel
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thought
The user is asking for the counsel of record for the plaintiff, Omni MedSci, Inc., in the specified patent infringement case. I need to find the names, roles, firms, office locations, and relevant experience for each attorney. I will use web search to look for this information, specifically focusing on the PACER docket, firm websites, and legal news sites.
Here's my plan:
- Search for counsel of record for Omni MedSci in "Omni MedSci, Inc. v. Samsung Electronics, Co. Ltd. et al. 2:24-cv-01070".
- Identify attorneys and their firms.
- For each attorney, search for their specific roles (lead, local, of counsel, in-house), firm office location, and relevant patent litigation experience.
- Compile the information in the requested format.The plaintiff, Omni MedSci, Inc., is represented by the following counsel of record in Omni MedSci, Inc. v. Samsung Electronics, Co. Ltd. et al. (2:24-cv-01070):
Michael J. Allen
- Role: Lead Counsel
- Firm: Nelson & Hammons, P.C. (Shreveport, LA office)
- Experience Note: Michael J. Allen has experience in patent litigation, representing plaintiffs in the Eastern District of Texas.
Jonathan E. Ruder
- Role: Lead Counsel
- Firm: Nelson & Hammons, P.C. (Shreveport, LA office)
- Experience Note: Jonathan E. Ruder is also involved in patent litigation, often appearing alongside Michael J. Allen.
Robert L. Wolter
- Role: Local Counsel
- Firm: Wolter VanDyke Davis, PLLC (Orlando, FL office)
- Experience Note: Robert L. Wolter is a registered patent attorney with experience in intellectual property law and commercial litigation, including patent, trademark, and copyright infringement cases.
D. Michael Hurst, Jr.
- Role: Local Counsel
- Firm: The Law Office of D. Michael Hurst, Jr. (Longview, TX office)
- Experience Note: D. Michael Hurst, Jr. is an attorney with experience in various litigation matters, particularly in the Eastern District of Texas. He has a background as a U.S. Attorney for the Southern District of Mississippi.
This information is derived from court filings and attorney appearances in the Eastern District of Texas, where Omni MedSci, Inc. has frequently litigated patent infringement cases.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Baker Botts
- Douglas M. Kubehl · lead counsel
- Robert F. Maier · lead counsel
- Christa Brown-Sanford · lead counsel
- Potter Minton
- Michael E. Jones · lead counsel
- Michael E. Jones · local counsel
- Lee & Ko
- Jason Kim · Korean Counsel
- Sidley Austin
- Aimee P. Fagan · lead counsel
- Ching-Lee Fukuda · lead counsel
- Irene Yang · lead counsel
- Gillam & Smith
- Melissa Smith · local counsel
- Kirkland & Ellis
- Gregg F. LoCascio · lead counsel
- Adam Alper · lead counsel
- Michael De Vries · lead counsel
- Ward, Smith & Hill
- Johnny Ward · of counsel
- Locke Lord
- Mark Hannemann · lead counsel
- Charles B. Baker · lead counsel
- Charles E. Phipps · lead counsel
- Morris, Tinsley & Kyzar
- William E. Morris · local counsel
- Alston & Bird
- S. Ben Pleune · local counsel
- Bryan Skelton · local counsel
The following is a list of counsel of record representing the defendants in Omni MedSci, Inc. v. Samsung Electronics, Co. Ltd. et al.:
For Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc.:
Lead Counsel:
- Douglas M. Kubehl (Partner)
- Firm: Baker Botts L.L.P., Dallas, TX (also Houston)
- Relevant Experience: Specializes in complex patent litigation in the telecommunications sector; frequently represents Samsung.
- Robert F. Maier (Partner)
- Firm: Baker Botts L.L.P., New York, NY
- Relevant Experience: Handles all phases of patent litigation.
- Christa Brown-Sanford (Partner)
- Firm: Baker Botts L.L.P., Dallas, TX
- Relevant Experience: Specializes in electrical patent disputes.
- Michael E. Jones (Partner)
- Firm: Potter Minton, P.C., Tyler, TX and Marshall, TX
- Relevant Experience: Emphasizes intellectual property litigation; has obtained defense jury verdicts for clients like Google and successfully represented Samsung in a patent defense victory.
- Douglas M. Kubehl (Partner)
Local Counsel (for Samsung):
- Michael E. Jones (Partner)
- Firm: Potter Minton, P.C., Tyler, TX and Marshall, TX
- Relevant Experience: Experienced in intellectual property litigation in the Eastern District of Texas, often serving as lead or local counsel for Fortune 500 companies.
- Michael E. Jones (Partner)
Korean Counsel (for Samsung):
- Jason Kim (Attorney)
- Firm: Lee & Ko, Seoul, South Korea
- Relevant Experience: Focuses on patent & healthcare litigation, trade secret, unfair competition, and IP transactions & licensing for both domestic and international clients.
- Jason Kim (Attorney)
For Fossil Group, Inc., Fossil Stores I, Inc., and Fossil Partners, L.P.:
Lead Counsel:
- Aimee P. Fagan (Partner)
- Firm: Sidley Austin LLP, Dallas, TX
- Relevant Experience: Co-leads Sidley's IP Litigation practice, focusing on patent litigation involving software, electronics, and emerging technologies; frequently entrusted with lead trial responsibility.
- Ching-Lee Fukuda (Partner)
- Firm: Sidley Austin LLP, New York, NY
- Relevant Experience: Co-leader of Sidley Austin's global IP Litigation practice, with a strong track record in jury and bench trials in life sciences, medical device, and technology sectors.
- Irene Yang (Partner)
- Firm: Sidley Austin LLP, San Francisco, CA and Palo Alto, CA
- Relevant Experience: Co-head of the firm's IP group, offering substantial experience representing technology and life sciences companies in high-stakes patent trials.
- Aimee P. Fagan (Partner)
Local Counsel (for Fossil):
- Melissa Smith (Partner)
- Firm: Gillam & Smith LLP, Marshall, TX
- Relevant Experience: Key contact for Gillam & Smith, a Marshall-based litigation boutique with notable expertise in IP disputes, particularly patent litigation.
- Melissa Smith (Partner)
For OnePlus Technology (Shenzhen) Co., Ltd.:
Lead Counsel:
- Gregg F. LoCascio (Partner)
- Firm: Kirkland & Ellis LLP, Washington D.C.
- Relevant Experience: Seasoned litigator who regularly acts as lead counsel on high-stakes IP disputes; has worked on significant defense-side patent wins for clients like Samsung.
- Adam Alper (Partner)
- Firm: Kirkland & Ellis LLP, Bay Area, CA
- Relevant Experience: Focuses on competitor cases in the telecommunications, computer hardware, and pharmaceutical industries.
- Michael De Vries (Partner)
- Firm: Kirkland & Ellis LLP, Los Angeles, CA
- Relevant Experience: Consistently achieves victories in both plaintiff and defense-side patent litigation.
- Gregg F. LoCascio (Partner)
Local Counsel (for OnePlus):
- Johnny Ward (Of Counsel)
- Firm: Ward, Smith & Hill, PLLC, Longview, TX
- Relevant Experience: Former U.S. District Judge, now focuses on patent and complex commercial cases, mediation, and arbitration; known for high-stakes intellectual property trials in the Eastern District of Texas.
- Johnny Ward (Of Counsel)
For Ōura Health Oy:
Lead Counsel:
- Mark Hannemann (Partner)
- Firm: Locke Lord LLP, New York, NY
- Relevant Experience: Leads patent and trade secret litigation and arbitration teams for multinational companies, with first-chair experience in bench trials, jury trials, Patent Office proceedings, and ITC investigations.
- Charles B. Baker (Partner)
- Firm: Locke Lord LLP, Houston, TX and Austin, TX
- Relevant Experience: Co-chairs Locke Lord's IP Litigation Practice Group.
- Charles E. Phipps (Partner)
- Firm: Locke Lord LLP, Dallas, TX
- Relevant Experience: Co-chairs Locke Lord's IP Litigation Practice Group.
- Mark Hannemann (Partner)
Local Counsel (for Ōura Health Oy):
- William E. Morris (Partner)
- Firm: Morris, Tinsley & Kyzar, Marshall, TX (While specific details for this case weren't immediately available via general search, Morris, Tinsley & Kyzar is a well-known local counsel firm in EDTX for patent litigation.)
- S. Ben Pleune (Partner)
- Firm: Alston & Bird LLP, Charlotte, NC
- Relevant Experience: Focuses on post-grant challenges including IPR and PGR proceedings, often disrupting co-pending litigation from non-practicing entities.
- Bryan Skelton (Partner)
- Firm: Alston & Bird LLP, Raleigh, NC
- Relevant Experience: Involved in patent prosecution, counseling, and review practice.
- William E. Morris (Partner)
Please note that this information is based on publicly available data and may not be exhaustive. Some attorneys may have an "of counsel" or "in-house" role not explicitly identified in general search results.