Litigation

Pantech Corporation et al. v. OnePlus Technology (Shenzhen) Co., Ltd.

Claim construction phase

Patents at issue (1)

Summary

A patent infringement lawsuit involving the '838 patent, filed in March 2025. The case has entered the claim construction phase, and Pantech has filed a motion to compel discovery.

Case overview & background

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

Case Overview: Pantech Corporation et al. v. OnePlus Technology (Shenzhen) Co., Ltd.

This patent infringement litigation, filed in March 2025 in the U.S. District Court for the Eastern District of Texas, involves plaintiffs Pantech Corporation and its subsidiary, Pantech Wireless, LLC, against defendant OnePlus Technology (Shenzhen) Co., Ltd. The plaintiffs, Pantech Corporation (a South Korean entity) and Pantech Wireless, LLC (a Texas entity), are now wholly owned by Ideahub, Inc., a Seoul-based patent monetization firm, indicating their role as a Patent Assertion Entity (PAE) or Non-Practicing Entity (NPE). The defendant, OnePlus Technology, is a prominent Chinese consumer electronics manufacturer known for its smartphones and related accessories, backed by Oppo.

The core of the dispute centers on allegations that OnePlus's smartphones and other devices, particularly those compliant with LTE and 5G cellular networking standards, infringe the asserted patents. The sole patent at issue in this specific case, as per the case metadata, is U.S. Patent No. 11,212,838. This patent, titled "Method and apparatus for transmitting/receiving control information in a wireless communication system," generally relates to techniques for efficient control signal transmission and reception in wireless communication environments, such as those used in modern cellular networks. Pantech has accused OnePlus of direct, indirect, and willful infringement of this and seven other patents in this particular lawsuit, along with claims of breach of FRAND obligations and unjust enrichment, stemming from alleged failed licensing negotiations.

The case is currently in the claim construction phase before U.S. District Judge Robert W. Schroeder III, a common judge for patent cases in the Eastern District of Texas (EDTX). Pantech has filed a motion to compel discovery, suggesting active pre-trial proceedings. The Eastern District of Texas has historically been a popular venue for patent plaintiffs due to its patentee-friendly local rules, judges, and juries, though recent Supreme Court rulings like TC Heartland LLC v. Kraft Food Group Brands LLC have imposed stricter venue requirements. The fact that this case remains in EDTX indicates Pantech believes it meets these current, more stringent criteria.

This litigation is notable for several reasons. It is a second lawsuit filed by Pantech against OnePlus; a prior case (5:22-cv-00069) resulted in an initial jury verdict for Pantech, though the damages were substantially reduced on retrial. The current suit explicitly alleges "holdout behavior" by OnePlus regarding FRAND-encumbered patents, an area of significant legal and economic interest in the wireless industry. Furthermore, OnePlus has initiated an inter partes review (IPR2025-00763) against the '838 patent at the Patent Trial and Appeal Board (PTAB), indicating a parallel challenge to the patent's validity. This interplay between district court litigation and PTAB challenges is a common and critical feature of modern patent disputes.

Key legal developments & outcome

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

The patent infringement lawsuit of Pantech Corporation et al. v. OnePlus Technology (Shenzhen) Co., Ltd., concerning U.S. Patent No. 11,212,838, was filed in the U.S. District Court for the Eastern District of Texas in March 2025. As of May 2026, the case is in the claim construction phase, and Pantech has filed a motion to compel discovery.

It is important to note that public records indicate several related patent litigations between Pantech and OnePlus in the Eastern District of Texas, including one case (5:22-cv-00069, referred to as "Pantech I" in some documents) filed in June 2022 that proceeded to a jury verdict and appeal, involving different patents. Another case (5:24-cv-00038, "Pantech II") was filed in March 2024 and was later stayed. A third case (5:25-cv-00089, "Pantech III") was filed in July 2025 and also stayed. The details below pertain to the specific case identified in the prompt, focusing on Patent No. 11,212,838 and a March 2025 filing date. While specific docket entries for a March 2025 filing with Patent No. 11,212,838 as the sole or primary asserted patent were not definitively identified in the search results, the information provided below reflects the authoritative metadata in the prompt and directly related proceedings.

Here are the key legal developments for the litigation involving U.S. Patent No. 11,212,838:

Filing & Initial Pleadings:

  • Complaint Filing: The patent infringement lawsuit was filed in March 2025 by Pantech Corporation and Pantech Wireless, LLC against OnePlus Technology (Shenzhen) Co., Ltd. in the U.S. District Court for the Eastern District of Texas, asserting U.S. Patent No. 11,212,838.
  • Answer & Counterclaims: Typically, following the complaint, the defendant would file an answer, likely including denials of infringement, assertions of patent invalidity, and potentially counterclaims (e.g., non-infringement, invalidity, or antitrust claims if the patent is a Standard-Essential Patent (SEP)).

Pre-trial Motions of Substance:

  • Motions to Dismiss/Transfer/Stay: While specific motions for this March 2025 case are not detailed in public records, related litigations between the parties have seen such motions. For instance, in a separate case (5:24-cv-00038), OnePlus filed a motion to dismiss, which was denied in August/September 2025. Another Pantech case (5:24-cv-00038) was stayed in June 2024 pending adjudication of a motion to dismiss for lack of standing and a related ITC investigation. Similarly, a later-filed case (5:25-cv-00089) was stayed pending an ITC investigation. It is common for defendants to seek early dismissal or transfer to a different venue.

Claim Construction (Markman):

  • Claim Construction Phase: The case is currently in the claim construction phase. This crucial stage involves the court interpreting the meaning of disputed terms in the patent claims. A "Markman hearing" is typically held where the parties present their arguments for claim interpretation. For a related case (5:22-cv-00069), a Claim Construction Memorandum Opinion and Order was issued on August 4, 2023.

Discovery Milestones:

  • Motion to Compel Discovery: Pantech has filed a motion to compel discovery in this case. Such a motion typically arises when one party believes the other is not adequately responding to discovery requests, seeking to force the production of documents or testimony. A hearing on a motion to compel occurred in a related case (5:24-cv-00038) on July 9, 2025.

Trial Events, Verdict, and Post-Trial Motions:

  • These stages have not yet been reached for this specific case, as it is in the claim construction phase.

Settlement, Dismissal, Judgment, or Appeal:

  • The case is active and currently in the claim construction phase.
  • In a separate but related litigation (5:22-cv-00069), a jury found OnePlus willfully infringed four of Pantech's patents on March 29, 2024, and awarded damages, with a final judgment entered on January 23, 2025, for $1,000,000. That case is currently on appeal to the U.S. Court of Appeals for the Federal Circuit (Case Nos. 2025-1628 and 2025-1629).

Parallel PTAB IPR/PGR Proceedings:

  • IPR2025-00763 (U.S. Patent No. 11,212,838): On May 14, 2025, OnePlus Technology (Shenzhen) Co., Ltd. filed an Inter Partes Review (IPR) petition (IPR2025-00763) with the Patent Trial and Appeal Board (PTAB) challenging the validity of U.S. Patent No. 11,212,838, the patent at issue in this district court litigation. The PTAB issued a decision to institute the IPR on December 12, 2025. This IPR proceeding could potentially impact the district court case by challenging the validity of the asserted patent claims.
  • Other Related IPRs:
    • IPR2025-00783: OnePlus also filed IPR2025-00783 on April 17, 2025, challenging U.S. Patent No. 9,288,824. The PTAB issued a discretionary denial of institution for this IPR on September 11, 2025.
    • IPR2023-01271: A separate IPR (IPR2023-01271) was filed by LG Electronics Inc. against Pantech Corporation on August 10, 2023, concerning U.S. Patent No. 7,283,839, and was terminated via a settlement agreement on August 16, 2024.
  • ITC Investigation 337-TA-1456: Pantech filed a complaint with the U.S. International Trade Commission (ITC) on July 2, 2025, which was instituted as Investigation No. 337-TA-1456 on August 4, 2025. This ITC action involves multiple defendants, including OnePlus, and asserts different patents, leading to stays in some of the district court cases.

Plaintiff representatives

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

Plaintiff(s) Pantech Corporation and Pantech Wireless, LLC are represented by counsel from Mayer Brown LLP and Patton Tidwell & Culbertson, LLP.

The following attorneys represent the plaintiff(s):

Mayer Brown LLP

  • James A. (Tripp) Fussell III

    • Role: Lead Counsel
    • Firm & Office: Mayer Brown LLP, Washington, D.C.
    • Experience: Partner in Mayer Brown's Intellectual Property practice, focused on patent litigation. He led the trial team that secured a significant verdict for Pantech against OnePlus in a related patent infringement suit in the Eastern District of Texas.
  • Jamie B. Beaber

    • Role: Counsel
    • Firm & Office: Mayer Brown LLP, Washington, D.C.
    • Experience: A partner in Mayer Brown's Intellectual Property practice, with a focus on patent litigation.
  • Tiffany A. Miller

    • Role: Counsel
    • Firm & Office: Mayer Brown LLP, Washington, D.C.
    • Experience: Counsel in Mayer Brown's Intellectual Property practice, she was part of the trial team for Pantech in the related patent infringement case against OnePlus.
  • Clark S. Bakewell

    • Role: Associate
    • Firm & Office: Mayer Brown LLP, Washington, D.C.
    • Experience: An associate in Mayer Brown's Intellectual Property practice, he was a member of the trial team representing Pantech in the successful patent infringement suit against OnePlus.
  • Courtney Krawice

    • Role: Associate
    • Firm & Office: Mayer Brown LLP, Washington, D.C.
    • Experience: An associate in Mayer Brown's Intellectual Property practice, she was part of the trial team for Pantech in the related patent infringement case against OnePlus.
  • Graham (Gray) M. Buccigross

    • Role: Partner
    • Firm & Office: Mayer Brown LLP, Palo Alto, CA
    • Experience: Partner in Mayer Brown's Intellectual Property practice, he was a member of the trial team representing Pantech in the successful patent infringement suit against OnePlus.

Patton Tidwell & Culbertson LLP

  • Geoffrey Culbertson

    • Role: Local Counsel
    • Firm & Office: Patton Tidwell & Culbertson, LLP, Texarkana, TX
    • Experience: His firm, Patton Tidwell & Culbertson, LLP, regularly files patent cases for Pantech in the Eastern District of Texas.
  • Kelly Tidwell

    • Role: Local Counsel
    • Firm & Office: Patton Tidwell & Culbertson, LLP, Texarkana, TX
    • Experience: His firm, Patton Tidwell & Culbertson, LLP, regularly files patent cases for Pantech in the Eastern District of Texas.

Defendant representatives

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

Counsel of record representing OnePlus Technology (Shenzhen) Co., Ltd. in Pantech Corporation et al. v. OnePlus Technology (Shenzhen) Co., Ltd. (U.S. District Court for the Eastern District of Texas, Case No. 5:25-cv-00089) includes attorneys from Mann | Tindel | Thompson and likely national counsel from Perkins Coie LLP.

Here are the identified counsel:

1. G. Blake Thompson

  • Role: Counsel for Defendant (likely lead counsel or co-lead counsel).
  • Firm: Mann | Tindel | Thompson, Henderson, Texas.
  • Experience Note: G. Blake Thompson is a top-rated attorney in Henderson, Texas, with experience in intellectual property litigation and business litigation, admitted to practice in the Eastern District of Texas. He has appeared as counsel for OnePlus Technology (Shenzhen) Co., Ltd. in closely related patent infringement cases in the Eastern District of Texas, including 5:24-cv-00038, which is part of the same series of lawsuits by Pantech against OnePlus.

2. Andy Tindel

  • Role: Local Counsel.
  • Firm: Andy Tindel Attorney & Counselor At Law, P.C., Tyler, Texas / Mann | Tindel | Thompson.
  • Experience Note: Andy Tindel is a highly experienced trial and appellate lawyer in the Eastern District of Texas, specializing in intellectual property litigation, including patent infringement suits. He frequently serves as local counsel for national law firms and corporate clients in high-stakes litigation in the Eastern District of Texas. His firm, Mann | Tindel | Thompson, is also G. Blake Thompson's firm.

3. Perkins Coie LLP Attorneys (Likely lead counsel, based on extensive related representations)

  • Firm: Perkins Coie LLP, various offices (e.g., San Diego, Seattle for specific attorneys listed below, but the firm has a strong presence in patent litigation across major venues including the Eastern District of Texas).

  • Experience Note: Perkins Coie has a robust patent litigation practice with over 120 experienced patent litigators and a significant track record in the Eastern District of Texas, including achieving historic defense wins for technology clients. The firm also has a top-tier post-grant practice before the Patent Trial and Appeal Board (PTAB) and represents clients in complex intellectual property matters.

    While specific attorneys from Perkins Coie are not directly identified as having filed an appearance in case 5:25-cv-00089 within the provided search snippets, the firm has consistently represented OnePlus Technology (Shenzhen) Co., Ltd. in related intellectual property proceedings:

    • Babak Tehranchi: (Partner, San Diego office) Served as lead counsel for OnePlus in an inter partes review (IPR2025-00762) related to other Pantech patents. He is a co-chair of Perkins Coie's Post-Grant Proceedings practice and has participated in over 125 IPRs. [cite: 5 (from prior search)]
    • Yang-Hsien (Homer) Hsu: (Practice Attorney, Seattle office) Served as backup counsel for OnePlus in the IPR mentioned above and has experience with IPRs and provides support in various patent and copyright litigation cases. [cite: 4 (from prior search)]
    • James F. Valentine: (Partner, Northern California offices) Has extensive patent litigation experience with wireless communications technologies, an area relevant to the patents at issue in the Pantech v. OnePlus disputes.

It should be noted that direct docket access was not available through web search, so the specific lead counsel from a national firm appearing in 5:25-cv-00089 is inferred based on OnePlus's representation in related litigation and PTAB proceedings. No filings were indicated to be sealed, and counsel appears to have already appeared.

Record id: 11212838-pantech-corp-et-al-v-oneplus-technology-shenzhen-co-ltd · edit in Admin