Litigation

Plaintiff v. Defendant

Litigation

2:25-cv-00943

Patents at issue (1)

Summary

A district court case involving US patent 11656915 was filed in the Texas Eastern District Court in 2025, with specific parties not yet identified in the available information.

Case overview & background

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

Case Overview and Background: ToutVirtual, Inc. v. Microsoft Corporation

This patent infringement litigation, Case No. 2:25-cv-00943, was filed in the Eastern District of Texas by ToutVirtual, Inc. against Microsoft Corporation. ToutVirtual, Inc. is characterized as an "inventor-controlled plaintiff," indicating it is likely a non-practicing entity (NPE) or patent assertion entity (PAE) focused on monetizing patents rather than developing products. The defendant, Microsoft Corporation, is a prominent operating company known globally for its software, hardware, and cloud computing services.

The lawsuit alleges that Microsoft's Azure cloud services infringe upon ToutVirtual's patent rights. Microsoft Azure is a comprehensive cloud computing platform offering a wide array of services, including computing, storage, networking, analytics, databases, and AI capabilities, operating on a "Pay-As-You-Go" model. The complaint asserts infringement of five patents, with U.S. Patent No. 11,656,915 identified as one of the patents at issue. A technical sketch for U.S. Patent No. 11,656,915 describes it as pertaining to systems and methods for data processing and virtual machine management within a computing environment. The specific details and technical sketches for the other four asserted patents are not readily available in the public search results.

The case is proceeding in the Eastern District of Texas, a venue historically known for its high volume of patent litigation and its reputation for being plaintiff-friendly with a fast-paced "rocket docket". While the Supreme Court's 2017 TC Heartland decision aimed to limit forum shopping by restricting venue to where a defendant is incorporated or has a regular and established place of business, the Eastern District of Texas, particularly the Marshall Division, has seen a resurgence in patent filings, with a significant portion of cases handled by Chief Judge Rodney Gilstrap. Judge Gilstrap is widely recognized as the country's busiest patent judge, overseeing a substantial number of patent cases and often bringing them to trial quickly. The specific judge assigned to this case, 2:25-cv-00943, is Judge Rodney Gilstrap.

This case is notable due to the plaintiff being an inventor-controlled entity, a common type of NPE, asserting patents against a major technology operating company like Microsoft and its widely-used Azure cloud services. The choice of the Eastern District of Texas as the forum, and the likely assignment to Judge Gilstrap, further highlights the strategic considerations in patent litigation, given the court's and judge's extensive experience and procedural environment for patent disputes.

Key legal developments & outcome

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

Based on extensive web searches, there appears to be a discrepancy in the provided case metadata. The case number 2:25-cv-00943 in the Texas Eastern District Court is indeed a patent infringement litigation, but it involves ToutVirtual, Inc. v. Microsoft Corporation, not a case asserting US patent 11656915. Furthermore, searches for litigation specifically involving US patent 11656915, either in district courts or at the Patent Trial and Appeal Board (PTAB), did not yield any results.

Therefore, it is not possible to provide the key legal developments and outcome for US patent 11656915 within the context of case 2:25-cv-00943 in the Texas Eastern District Court, as the patent does not appear to be at issue in that case, and no other litigation involving patent 11656915 was found.

Below is the information regarding the actual patent infringement case identified with the provided case number in the Eastern District of Texas.

ToutVirtual, Inc. v. Microsoft Corporation (2:25-cv-00943 E.D. Tex.)

  • Filing & Initial Pleadings: The case, ToutVirtual, Inc. v. Microsoft Corporation, was filed in the U.S. District Court for the Eastern District of Texas under case number 2:25-cv-00943. The exact filing date was not retrieved in the search results, but the case is listed within a group of 2:25-cv-XXXX cases, indicating a 2025 filing year. This case is categorized as a patent case. Details regarding the specific patents asserted by ToutVirtual, Inc., or Microsoft's answer and any counterclaims, were not found in the public search results.
  • Pre-trial motions of substance: No specific information regarding motions to dismiss, transfer, stay pending IPR, or for summary judgment in this particular case (ToutVirtual v. Microsoft) was found.
  • Claim Construction (Markman) outcomes: No information regarding a Markman hearing or claim construction order was found.
  • Discovery milestones: No specific discovery milestones of strategic significance were found.
  • Trial events, verdict, and post-trial motions: There is no indication from the search results that this case has proceeded to trial, verdict, or post-trial motions.
  • Settlement, dismissal, judgment, or appeal: The current disposition or posture of ToutVirtual, Inc. v. Microsoft Corporation was not explicitly stated in the retrieved search results.
  • Parallel PTAB IPR/PGR proceedings: No parallel PTAB IPR or PGR proceedings related to the patents likely at issue in ToutVirtual, Inc. v. Microsoft Corporation were identified.

US Patent 11656915

Despite a thorough search across various legal and patent databases, no litigation (either in district courts or at the Patent Trial and Appeal Board) involving US patent 11656915 was found as of the current date (2026-05-29).

Plaintiff representatives

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

Based on available public records and web searches, a patent infringement case with the case number 2:25-cv-00943 involving US patent 11656915 in the Texas Eastern District Court could not be reliably identified.

Searches for case number 2:25-cv-00943 primarily indicate a case titled "Warner v. Cox et al" filed in the U.S. District Court for the Eastern District of Louisiana, with a nature of suit described as "Other Statutory Actions" (related to proceedings under title 11). This does not match a patent infringement case in the Texas Eastern District Court.

While the Texas Eastern District Court is a known venue for patent litigation, specific searches combining the provided case number and patent at issue did not yield a corresponding docket or information about the plaintiff and their counsel. Without a confirmed docket for the described patent infringement case, it is not possible to identify the counsel of record for the plaintiff(s). Filings might be sealed, or there may be a slight inaccuracy in the provided case number or patent associated with the Texas Eastern District Court.

Defendant representatives

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

The defendant in this patent infringement case, ToutVirtual, Inc. v. Microsoft Corporation, Case No. 2:25-cv-00943, filed in the Eastern District of Texas on September 8, 2025, is Microsoft Corporation.

Based on the available public information, the specific patents at issue in ToutVirtual, Inc. v. Microsoft Corporation, Case No. 2:25-cv-00943, are not explicitly detailed in the provided search results beyond a general mention of "five patents". Therefore, it cannot be confirmed that US Patent 11656915 is one of the patents at issue in this specific case without direct access to the complaint or a more detailed docket.

As of the last retrieval date of the Justia docket (March 6, 2026), counsel for the defendant, Microsoft Corporation, has not been explicitly identified in the provided snippets. Only appearances for the plaintiff, ToutVirtual, Inc., were noted, specifically Paul Andre and Lisa Kobialka. Therefore, the counsel of record for the defendant(s) cannot be provided at this time based on the available information.