Sandpiper CDN, LLC v. Google LLC

Sandpiper CDN, LLC, a Delaware limited liability company formed in March 2024, has initiated a patent infringement lawsuit against Google LLC. Sandpiper CDN operates as a non-practicing entity (NPE), having acquired a portfolio of Content Delivery Network (CDN) patents from Level 3 Communications (which was later acquired by Lumen Technologies) on March 29, 2024. The plaintiff states it is named in homage to Sandpiper Networks, an early pioneer in CDN technology from the 1990s. Google, a global technology conglomerate, is the defendant, accused of infringing these patents through its various CDN-related services, including Google Cloud CDN, Google Media CDN, Google Cloud DNS, YouTube, and YouTube TV.

The core of the dispute involves six patents generally related to content delivery networks. While multiple patents are asserted, a key one mentioned in the initial information is U.S. Patent No. 8,478,903, titled "Shared Content Delivery Infrastructure" or "Content Delivery System." This patent broadly describes a system where "repeater servers" are shared to replicate and deliver resources from various content providers to client machines, thereby reducing the processing load on origin servers, often utilizing alias names and tables for managing requests.

The case, Sandpiper CDN, LLC v. Google LLC, case number 2:24-cv-3951, is pending in the Central District of California. This venue is considered proper due to Google's significant business presence, including offices and facilities, within the district. While a specific judge for the current case was not immediately identified, docket entries indicate a judge change order occurred on October 22, 2024. The case is notable for several reasons, including Sandpiper CDN's nature as a newly formed NPE acquiring a substantial patent portfolio from a former operating company. This reflects a broader trend of patent monetization following corporate divestitures. Furthermore, Google has actively challenged the asserted patents by filing Inter Partes Review (IPR) petitions against the '903 patent (e.g., IPR2025-00969 and IPR2025-00806) at the Patent Trial and Appeal Board, signaling a robust defense strategy that includes validity challenges. Sandpiper CDN is also engaged in parallel litigation, having sued Comcast in the Eastern District of Texas over some of the same CDN patents, highlighting a multi-pronged enforcement campaign.

Sandpiper CDN, LLC initiated a patent infringement lawsuit against Google LLC in the U.S. District Court for the Central District of California, case number 2:24-cv-3951. The lawsuit asserts U.S. Patent No. 8,478,903, titled "Shared content delivery infrastructure." The case is currently pending.

Here's a chronological overview of the key legal developments:

Filing & Initial Pleadings:

• Complaint Filed: While the exact initial filing date is not immediately available, a First Amended Complaint was filed in the case, as referenced in a related IPR proceeding. The case number 2:24-cv-3951 indicates it was filed in 2024. Sandpiper CDN has also asserted the '903 patent against other defendants, including [Microsoft Corp.](/litigations/by-defendant/Microsoft%20Corp.) (2:25-cv-664 E.D. Tex.) and Comcast Corp., indicating a broader enforcement effort.

Pre-trial Motions of Substance:

• As of May 29, 2026, specific substantive pre-trial motions, such as motions to dismiss, transfer, or for summary judgment directly within the Sandpiper CDN v. Google LLC case (2:24-cv-3951), have not been detailed in the search results. However, in a related case involving Sandpiper CDN and Comcast, a petition for a writ of mandamus was filed at the Federal Circuit challenging the denial of a motion to dismiss or transfer from the Eastern District of Texas to the Eastern District of Pennsylvania. This indicates that venue challenges have been a component of Sandpiper CDN's broader litigation strategy.

Claim Construction (Markman) Outcomes:

• No information regarding a Markman hearing or claim construction outcomes in this specific case against Google LLC is publicly detailed in the provided search results.

Discovery Milestones:

• No specific strategic discovery milestones have been identified in the public record from the provided search results.

Trial Events, Verdict, and Post-Trial Motions:

• The case remains pending, and as such, no trial events, verdict, or post-trial motions have occurred.

Settlement, Dismissal, Judgment, or Appeal:

• The case is currently pending in the Central District of California. There has been no reported settlement, dismissal, or judgment.

Parallel PTAB IPR/PGR Proceedings:
Google LLC has actively challenged the validity of U.S. Patent No. 8,478,903 through multiple Inter Partes Review (IPR) petitions filed with the Patent Trial and Appeal Board (PTAB):

• IPR2025-00806: Filed by Google LLC against Sandpiper CDN, LLC on April 13, 2025.
• IPR2025-00860: Filed by Google LLC against Sandpiper CDN, LLC on May 1, 2025.
• IPR2025-00969: Filed by Google LLC against Sandpiper CDN, LLC on May 9, 2025. In this proceeding, the Director of the USPTO denied Sandpiper CDN's motion for discretionary denial on October 10, 2025.
• IPR2025-01010: Filed by Google LLC against Sandpiper CDN, LLC on May 23, 2025.
• IPR2025-00846: A filing in this IPR proceeding was made on April 24, 2026, though the exact petition filing date is not specified in the current results.

The existence of multiple IPRs often leads to requests for a stay of the district court litigation pending the outcome of these PTAB proceedings, although a specific stay order for Sandpiper CDN v. Google LLC has not been explicitly identified in the provided information.

News and analysis coverage of Sandpiper CDN, LLC v. Google LLC primarily highlights the case as a recent example of patent monetization by a non-practicing entity (NPE) and Google's strategy of challenging asserted patents through inter partes review (IPR) proceedings.

RPX Empower and Dan Rayburn's "Streaming Media Blog" both reported on the lawsuit shortly after its filing in May 2024. RPX Empower noted that the recently formed Delaware plaintiff, Sandpiper CDN, LLC, filed the litigation, asserting six patents related to content delivery networks that it acquired from Level 3 Communications (which Lumen Technologies later acquired). The complaint specifically targets Google CDN, including its Cloud CDN and Media CDN offerings, as well as YouTube and YouTube TV. Sandpiper CDN states it is named in homage to Sandpiper Networks, a pioneer in CDN technology from the 1990s. The acquisition of over 80 US patents from Level 3 by Sandpiper CDN, dated April 24, 2024, was recorded with the USPTO on April 26, 2024.

Dan Rayburn, in his "Streaming Media Blog," highlighted that the patents in question were originally owned by Level 3 and were sold by Lumen to Sandpiper CDN, LLC in March 2024. Rayburn expressed uncertainty about who is behind the newly formed entity, which he believes was incorporated solely to acquire the patents. He also commented on Sandpiper CDN's claim in the lawsuit that Level 3 "decided to exit the CDN market and began selling off its CDN assets" in 2023 due to "rampant infringement of its patents, which depressed its revenue and profit." Rayburn stated that this assertion is "not accurate," positing that Level 3 exited the market because major customers like Apple and Disney moved to alternative solutions, with Apple building its own CDN and Disney consolidating traffic to other third-party CDNs. He further noted that Lumen's CDN revenue decline was not due to a lack of companies licensing their patents, but rather from less overall traffic growth and lower industry pricing.

The case has been assigned to Judge Andre Birotte Jr. in the Central District of California. A notable development is that Judge Birotte Jr. has granted a "short pause rather than a full stay" in the case, citing "evolving circumstances unfolding at the PTAB this year". This pause likely relates to Google's multiple IPR petitions challenging the validity of the asserted patents, including IPR2025-00969 against the '903 patent. According to RPX Empower, upcoming events in the district court case include a settlement conference on July 10, 2026, a final pretrial conference on September 11, 2026, and a jury trial scheduled for September 28, 2026. The PTAB has noted that the projected statutory deadline for a Final Written Decision in IPR2025-00969 is December 2026, which would occur after the scheduled jury trial in the district court. Sandpiper CDN is also pursuing similar litigation against Microsoft in the Eastern District of Texas (2:25-cv-00664) and Comcast.

Sources

• rpxcorp.com
• streamingmediablog.com
• pacermonitor.com
• rpxcorp.com
• rpxcorp.com
• exparte.com
• uspto.gov
• pacermonitor.com
• ihatepatenttrolls.com

Counsel Identified for Plaintiff Sandpiper CDN, LLC

In the patent infringement case Sandpiper CDN, LLC v. Google LLC (2:24-cv-3951) in the Central District of California, the following attorneys are representing the plaintiff:

• Robert H. Reckers

  • Role: Lead Counsel (inferred from extensive IP litigation experience and role in patent enforcement actions).
  • Firm: Shook, Hardy & Bacon L.L.P., Houston, Texas.
  • Experience Note: A seasoned trial lawyer with over 20 years of experience in intellectual property litigation, he has a track record of securing significant verdicts and settlements in patent enforcement actions for clients including T-Mobile, Microsoft, and eBay. He was part of a trial team that obtained a $339 million verdict against Google in a patent infringement case.

• Mayela C. Montenegro-Urch

  • Role: Local Counsel (explicitly designated as such when Robert H. Reckers was granted Pro Hac Vice).
  • Firm: Shook, Hardy & Bacon L.L.P., Orange County, California.
  • Experience Note: A partner at Shook, Hardy & Bacon, she represents product manufacturers in litigation and has experience drafting numerous judicial opinions on civil law and motion matters during a federal clerkship. While her profile emphasizes product liability and civil rights cases, her role as local counsel in a patent case aligns with her general litigation experience in federal courts.

In the patent infringement case Sandpiper CDN, LLC v. Google LLC (Case No. 2:24-cv-3951) in the Central District of California, counsel representing defendant Google LLC include attorneys from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.

While a specific appearance for the district court case was not explicitly found in the provided search results, Erika Harmon Arner of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is listed as "Petitioner Counsel" for Google LLC in the related Patent Trial and Appeal Board (PTAB) inter partes review (IPR) proceedings (e.g., IPR2025-00806 and IPR2025-00969). It is common for attorneys handling parallel PTAB proceedings to also be involved in the associated district court litigation. Finnegan is noted for representing Google in ongoing multi-forum patent litigation.

Based on the available information:

• Name: Erika Harmon Arner
• Role: Lead Counsel (in related PTAB IPRs, highly likely involved in parallel district court litigation)
• Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
• Office Location: Reston, VA and Washington, DC
• Experience Note: Erika Harmon Arner is a nationally recognized leader in trial practice before the Patent Trial and Appeal Board (PTAB) and related appeals to the U.S. Court of Appeals for the Federal Circuit. She has served as managing partner and is currently the chair of Finnegan, and has been lead counsel in over 200 PTAB proceedings. She has successfully represented Google as a petitioner in various PTAB IPRs, cancelling challenged claims related to natural language processing and information retrieval.