Litigation
Sol IP, LLC v. Sprint Communications Co. L.P. et al.
dismissed - other2:18-cv-00527
- Filed
- 2018-12-03
- Terminated
- 2020-05-20
Patents at issue (1)
Plaintiffs (1)
Summary
Filed December 3, 2018 in E.D. Tex. Marshall Division and consolidated with Sol IP's AT&T lead case. The asserted-patent list for this docket includes US 10,090,894; the case was terminated on May 20, 2020 as dismissed - other.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
I'll research this case thoroughly before writing the overview.
Let me dig deeper into specifics about the '894 patent, the licensing/ownership structure, the outcome, and the PTAB proceedings.
Let me get details on the '894 patent itself, the PTAB IPRs, and how the litigation resolved.
Case Overview: Sol IP, LLC v. Sprint Communications Co. L.P. et al., No. 2:18-cv-00527-RWS-RSP
Parties and background. Sol IP, LLC is a Virginia-organized intellectual-property licensing company with a principal place of business in Vienna, Virginia, holding an exclusive license to more than 600 patents and applications "fundamental to . . . wireless telecommunications." Its complaint states outright that "Sol IP is an intellectual property licensing company," and the patent owner of record is the Electronics and Telecommunications Research Institute (ETRI), the South Korean government-funded research institute in Daejeon that developed CDMA/CDMA2000/WCDMA, WiBro, and LTE contributions. ETRI transferred "all substantial rights" to Sol IP, which represents itself as exclusive licensee with standing to sue and to defend its patents in PTAB without ETRI's participation. (Complaint, Sol IP v. AT&T Mobility, No. 2:18-cv-00526, Dkt. 1 ¶¶ 2–10; Sol IP Mandatory Notices, IPR2020-00242, Dec. 31, 2019.) Sol IP therefore fits the classic NPE/PAE profile — a non-practicing licensing entity asserting Korean government-research patents acquired by exclusive license — and Stanford's NPE Litigation Database classifies the assertions as "Acquired patents." The Sprint-side defendants (Sprint Communications Co. L.P., Sprint Solutions, Inc., Sprint Spectrum L.P., and Sprint Corporation) are Sprint's network, sales, and spectrum operating entities — i.e., carrier/operating companies, not device manufacturers. Ericsson Inc. and Nokia of America Corporation later intervened in the consolidated case, consistent with their roles as network-infrastructure suppliers/indemnitors (Claim Construction Order, Dkt. 281, at 1 & n.1).
Accused technology and patents. Sol IP's theory targeted the carriers' LTE (4G) and Wi-Fi (802.11) ecosystems rather than a single product: the infringement contentions accused "all mobile devices used on each defendant's mobile network" and all devices sold by defendants that are "configured to communicate in accordance with LTE Release 8 (or later)," expressly excluding Apple, Samsung, Amazon, and Franklin devices and anything already covered by "a valid license paid through Sisvel UK Limited." (Sol IP First Amended P.R. 3-1/3-2 Disclosures, Sol IP v. AT&T, lead case.) The docket for the Sprint case lists U.S. Patent No. 10,090,894, one of the "WiFi" group patents the court grouped separately from the two LTE groups. The '894, titled "Method and apparatus for transceiving data in a MIMO system," issued October 2, 2018 (less than three months before this suit was filed) and claims priority to a March 11, 2010 Korean application; it is directed to IEEE 802.11ac VHT frame formatting in MU-MIMO WLANs — generating a data field and signal field(s) and using length/CRC information in the VHT-SIG fields so a receiver can determine where a frame ends and decode it more efficiently (see US 10,090,894; family members include 8,422,474, 9,014,212, 9,172,447, 9,634,746, and later continuations). In the broader consolidated litigation Sol IP asserted roughly twenty-seven patents spanning "cell search"/synchronization (LTE Groups A and B) and WLAN framing (WiFi group).
Procedural posture, venue, and significance. The case was filed December 3, 2018 in the Marshall Division of the Eastern District of Texas before District Judge Robert W. Schroeder III and Magistrate Judge Roy S. Payne — the archetypal plaintiff-side patent venue of that era (docket reports flag the case as "CONSOL," "PATENT/TRADEMARK," and "RWS1"; some aggregators list the judge/magistrate roles inconsistently, but the lead-case orders are signed by Judge Schroeder with Judge Payne's pretrial involvement). On January 11, 2019, roughly six weeks after filing, the court consolidated the Sprint case for all pretrial issues with the AT&T lead case, No. 2:18-cv-00526, alongside the parallel Verizon case, No. 2:18-cv-00528 — a coordinated three-carrier campaign (Consolidation Order, Dkt. 24). The consolidated case generated two days of Markman proceedings (Dec. 5, 2019) and multiple lengthy claim-construction orders (e.g., LTE Group B order, Dkt. 281, Dec. 17, 2019; WiFi order, Dkt. 292), plus a substantial discovery fight over Sol IP's infringement contentions (the court allowed a DOE supplementation but struck overbroad "catch-all" product identifications). The Sprint docket terminated on May 20, 2020 as "dismissed – other" while the AT&T lead case continued (one later filing describes the AT&T matter as still active into 2023); I could not verify from available sources whether the Sprint dismissal reflected a settlement, license, or other resolution — the docket text alone does not disclose the basis, and it came roughly seven weeks after T-Mobile's April 1, 2020 acquisition of Sprint. Why it matters: Sol IP is an ETRI-anchored monetization vehicle asserting standards-essential-adjacent LTE and 802.11 patents against all three major U.S. carriers simultaneously, drawing Ericsson's and Nokia's intervention and at least four Ericsson-filed IPRs in December 2019 (IPR2020-00239 through -00242); the parallel Sisvel license carve-out in Sol IP's contentions ties the campaign to the broader ETRI/Sisvel cellular/Wi-Fi pool and Avanci/Sisvel connected-vehicle licensing landscape; and the '894 remains commercially contested today — Unified Patents opened fresh PATROLL prior-art contests on the '894 in September 2026 (seeking art against at least claim 7), noting the patent "had been asserted against AT&T, Sprint, Verizon, Qualcomm, Volkswagen, and others."
Sourcing note: party, patent, venue, and docket-entry facts above are drawn from the complaints, claim-construction orders, and PTAB filings available via CourtListener/Docket Alarm/Justia; the exact reason for the May 20, 2020 Sprint dismissal and the precise final disposition terms are not disclosed in the public sources I could access and should be confirmed against PACER if a definitive answer is needed.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
I'll research this case across the docket, PTAB, and legal news sources.
Let me dig into the PTAB proceedings and the case resolution.
Sol IP, LLC v. Sprint Communications Co. L.P. et al., No. 2:18-cv-00527-RWS-RSP (E.D. Tex.)
Bottom line: This docket was never a stand-alone case. It was filed alongside Sol IP's parallel suits against AT&T and Verizon over the same ETRI-owned LTE/802.11 standard-essential portfolio, consolidated into the AT&T lead case for all pretrial purposes, and terminated on the same day as both companion cases (2020-05-20) as "dismissed – other." There was no trial, no verdict, no JMOL, and no appeal. The dispositive event was an apparent global resolution that also caused the PTAB to terminate all eight of Ericsson's pre-institution IPRs.
1. Filing and initial pleadings
- 2018-12-03 — Sol IP, LLC files suit in the Marshall Division against Sprint Communications Co. L.P., Sprint Corporation, Sprint Solutions, Inc., and Sprint Spectrum L.P., asserting infringement of LTE-family patents, with US 10,090,894 among the asserted patents. Cause of action 35 U.S.C. § 271. (Docket metadata; Stanford NPE Litigation Database also lists US 8,320,337 in this docket.)
- 2018-12-11 — All four Sprint entities served via registered agent Corporation Service Company; original answers due 2019-01-01. (Dkt. 18–21, summons returns.)
- 2019-01-02 — Robert William Weber enters an appearance for the Sprint defendants; defendants file an unopposed first application for extension of time to answer, granted under Local Rule CV-12, moving the answer deadline to 2019-02-01. (Dkt. 22–23.)
⚠️ Gap: I could not verify from the retrieved record whether Sprint's answer and counterclaims (declaratory judgment of invalidity/non-infringement, FRAND defenses, etc.) were in fact filed in the 00527 docket or in the lead case after consolidation. Per the consolidation order, answers and all non-venue pretrial filings moved to 2:18-cv-00526, so Sprint's operative pleading will be docketed there. The FRAND/invalidity defenses that we know were in play (see §§4–6 below) are attributable to the consolidated defense group.
2. Consolidation
- 2019-01-11 (docketed 2019-01-14, Dkt. 24) — Magistrate Judge Roy S. Payne enters the Consolidation Order: the Sprint (00527) and Verizon (00528) actions are consolidated for all pretrial issues except venue with lead case Sol IP, LLC v. AT&T Mobility LLC, No. 2:18-cv-00526-RWS-RSP. All future filings (other than venue) were to be made in the lead case. Presiding: District Judge Robert W. Schroeder III; referral: Magistrate Judge Payne.
This is the single most important structural fact about the docket: from January 2019 forward, 00527 has essentially no independent record.
3. Intervenors (supply-chain strategy)
- 2019 (order Nov. 18, 2019) — Ericsson Inc. and Nokia of America Corporation intervene in the consolidated action (Dkt. 176; Dkt. 240; Dkt. 243). Ericsson and Nokia were the network-infrastructure suppliers whose LTE base-station equipment implicated the asserted "cell search" patents, so they intervened to protect their indemnification exposure. Both intervenors are treated as "Defendants" for claim construction purposes.
4. Case management and patent grouping
- 2019-09-09 — The Court enters an order (Dkt. 173) requiring Sol IP to group the 27 asserted patents into three families: "LTE A" (LTE I), "LTE B" (LTE II), and "WiFi," and to elect asserted claims (Dkt. 202). This was a case-management response to the enormous scope — briefing later referenced 27 asserted patents and 497 asserted claims before the July 22 election deadline (see Dkt. 293 at 3).
- 2019-09-11 — Parties file the P.R. 4-3 Joint Claim Construction and Prehearing Statement; notably, "there are no currently agreed constructions."
5. Claim construction (Markman) — the substantive heart of the case
The court held two days of Markman hearings and resolved a very high number of disputed terms:
- 2019-12-04 — Markman hearing on the "LTE A" patents (US 8,270,354; 8,320,337; 8,593,936; 8,761,814; 8,971,168; 9,155,066; 9,265,063; 10,009,884; 10,231,211; RE45,466).
- 2019-12-05 — Markman hearing on the "LTE B" patents (US 8,311,031; 8,320,565; 8,320,571; 9,144,064; 9,204,438; 9,496,976; 9,603,174; 9,888,435; 10,075,946; 10,080,204).
- 2019-12-16 / 2019-12-17 — Claim Construction Memorandum and Order regarding the "LTE B" patents (Dkt. 281; the order is dated December 16, 2019 by the court's citation and docketed/entered December 17, 2019). Key outcomes:
- "cell search" preambles — held not limiting. This was a win for Sol IP and rejected Defendants' attempt to import a "cell search" limitation into the claim bodies of the '031, '976 and '204 patents.
- "short sequence" (affecting the '565, '571, '064 and '438 patents) — the Court adopted Defendants' proposed construction. This was the pivotal adverse ruling: per the later discovery order, "the 'short sequence' construction impacts all asserted claims within the '565 Patent, '571 Patent, '064 Patent, and '438 Patent" (Dkt. 533 at 2–3).
- "cell group" / "group of cells" and "synchronization sequence" terms were also construed.
- A separate LTE A order issued as well (Sol IP, LLC v. AT&T Mobility LLC, No. 2:18-cv-00526 (E.D. Tex.) (LTE A claim construction)).
The '894 patent does not appear in either the LTE A or LTE B lists, indicating it fell in the WiFi group (or was otherwise grouped separately); I was unable to retrieve the WiFi-group construction order.
6. Discovery milestones with strategic significance
- ~2019-08-27 — Defendants produce device lists in discovery; Sol IP later relies on these to supplement accused products.
- 2020-01-06/07 (Dkt. 291) — Order resolving Defendants' motion to compel:
- Interrogatory No. 2 (element-by-element § 112 written-description contentions for every asserted claim) — DENIED; court found alternative discovery available via deposition and relied on Finjan.
- Interrogatory No. 9 (all agreements and offers involving Sol IP, ETRI, and third parties, including Samsung and Apple licenses and unsuccessful offers, for damages and FRAND purposes) — GRANTED in part as to pre-license negotiations with Samsung and Apple, with Sol IP permitted to answer under Rule 33(d) by specifying business records. This confirms that FRAND and portfolio-licensing conduct were live damages defenses throughout the case.
- 2020-01-07 (Dkt. 293) — Magistrate Judge Payne denies Defendants' opposed motion for leave to amend invalidity contentions (Dkt. 248) to add the IEEE 802.11n standard as an anticipatory reference against the '940 patent, finding no good cause/diligence. A defense-side loss on the invalidity case.
- 2020-01-20 — Sol IP serves its Third Supplement to infringement contentions (adding accused mobile devices) and a First Supplement adding a doctrine of equivalents theory on "short sequence."
- 2020-04-20 (Dkt. 533) — The Court rules on the competing contention motions:
- Grants Sol IP leave to supplement with the DOE "short sequence" theory — held important because it could be dispositive of infringement for four patents, and Sol IP was diligent in amending shortly after the Markman order.
- Denies/strikes Sol IP's attempt to add newly accused mobile devices, on the ground that Sol IP's "catch-all" accused-product language ("all mobile devices used on each defendants' mobile network…") violated P.R. 3-1(b) and that the devices were publicly identifiable. This was a significant narrowing of the case against Sprint and the other carriers.
7. Parallel PTAB proceedings (Ericsson's IPRs) and their effect
- 2019-12-10 — Ericsson Inc. files a coordinated set of eight inter partes review petitions against the ETRI-owned patents: IPR2020-00237, -00238, -00239, -00240, -00241, -00242, -00243, and -00244, naming Electronics and Telecommunications Research Institute (ETRI) as Patent Owner. Confirmed patent-claim mapping includes IPR2020-00239 → US 9,204,438 and IPR2020-00241 → US 9,888,435; IPR2020-00244 → US 8,971,168. I could not confirm that US 10,090,894 (the patent identified for this docket) was among the eight challenged patents — treat that as unverified.
- 2019-12-31 — Sol IP files Mandatory Notices under 37 C.F.R. § 42.8(a)(2) in the IPRs, representing that ETRI had "transferred to exclusive licensee Sol IP, LLC, all substantial rights" and that Sol IP had standing to defend without ETRI's participation. The notices identify the three consolidated Texas actions (00526, 00527, 00528) as related matters.
- 2020-03-09 — The Board (APJs Droesch, Jefferson, Howard) issues a Decision — Settlement Prior to Institution of Trial, granting the parties' unopposed motions to dismiss and dismissing each of the eight petitions without a decision on institution or a final written decision (37 C.F.R. § 42.72), and granting the joint request to keep the settlement and license agreement confidential under § 42.74(c). The Board expressly found that the "Settlement Agreement resolves the disputes between the parties… and the related lawsuits."
Effect on the litigation: The IPRs were the principal invalidity pressure point, and none of them ever reached institution. The March 2020 settlement removed the PTAB threat against Ericsson but simultaneously signaled that the ETRI/Sol IP portfolio dispute was moving toward global resolution.
8. Final disposition
- 2020-05-20 — The docket is terminated as "dismissed – other." The same termination date applies to the AT&T lead case (2:18-cv-00526) and the Verizon case (2:18-cv-00528) — i.e., all three consolidated carrier actions resolved simultaneously, consistent with a single global portfolio license/resolution rather than a case-specific Sprint outcome.
- The lead-case docket also reflects non-party participants including David Folsom, Daniel Weinstein, and David Keyzer, which is consistent with court-ordered mediation preceding the May 2020 resolution. (I could not retrieve the mediation order or the specific dismissal stipulation/order, so the mechanism — joint stipulation of dismissal under Fed. R. Civ. P. 41(a) versus dismissal order — is unverified.)
- Assumption-of-risk caveat: Public docket aggregators (Dockets Justia, Docket Alarm, Patexia, RPX) consistently show the case closed with no judgment, and the docket was last retrieved 2019-01-14 on the free Justia page, meaning the post-consolidation public record for 00527 is largely empty by design. Litigation-finance and NPE databases (Stanford NPE) still list Sol IP as an "acquired patents" asserter.
9. What did not happen
- No motion to dismiss for patent eligibility (Alice). I found no § 101 ruling in this docket.
- No transfer/§ 1404 venue ruling on the merits in 00527. The consolidation order expressly carved venue out of the consolidated pretrial scope, which means any § 1406/§ 1404 motion by Sprint would have remained in 00527 — but I could not retrieve any such ruling. Treat any venue motion as unverified.
- No stay pending IPR. The IPRs were filed 2019-12-10 and terminated 2020-03-09, before any institution, making a stay largely moot.
- No Markman appeal, no JMOL, no new-trial motion, no fee motion, no Federal Circuit appeal. The case ended at the pretrial stage.
- No final written decision in any of the eight Ericsson IPRs — so the validity of the ETRI LTE patents asserted in this case remains adjudicated only by the PTAB's denial of institution and by settlement, never by a merits tribunal.
10. Related docket worth flagging
A separate action, Sol IP, LLC v. AT&T Mobility LLC et al., No. 3:2020-cv-00137, appears in docket searches with the same intervenors (Ericsson and Nokia) named alongside Sprint, AT&T and others. I could not confirm its venue, filing date, or current posture; if Sol IP re-asserted the portfolio after the May 2020 dismissal, that would be the successor proceeding to watch.
Analytical takeaway for the 00527 posture: Sprint's exposure was managed almost entirely through the lead case. The defense's best results were on claim construction ("short sequence," which gutted the DOE path for four patents), on knocking out the 802.11n invalidity amendment, and on striking Sol IP's catch-all accused-products theory. Sol IP's wins were narrower but real — defeating the "cell search" preamble limitation and preserving a DOE theory on the eve of summary judgment practice. The case resolved globally with the AT&T and Verizon suits in May 2020 in tandem with the Ericsson/ETRI PTAB settlement two months earlier, meaning no merits ruling on infringement, validity, or FRAND was ever obtained against Sprint.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Susman Godfrey
- Jason Bertoldi · trial counsel
- Wolf, Greenfield & Sacks
- Richard F. Giunta · PTAB lead counsel
- Elisabeth H. Hunt · PTAB backup counsel
I'll research this case and the plaintiff's counsel.
Let me search more specifically for this case's docket and counsel.
Let me find the actual docket entries and filings listing counsel.
Counsel of Record for Plaintiff Sol IP, LLC — 2:18-cv-00527 (E.D. Tex.)
Bottom line up front: The district-court docket sheet itself was not retrievable in full through the searches I could run, and PACER/CourtListener attorney fields for this specific member case were not exposed. What I can confirm from primary and secondary sources is set out below, with explicit confidence flags. I did not find any indication that counsel entries in this case are sealed — the gap is a sourcing/retrieval gap, not a sealing order.
The structure of the litigation matters here
This case was never litigated as a standalone matter. On the same day (Dec. 3, 2018) Sol IP filed three parallel complaints against the three largest U.S. carriers:
| Case | Defendant | Status |
|---|---|---|
| 2:18-cv-00526-RWS-RSP | AT&T Mobility LLC | Lead case (consolidated) |
| 2:18-cv-00527-RWS-RSP | Sprint Communications Co. L.P., Sprint Solutions, Inc., Sprint Spectrum L.P. | Consolidated member case |
| 2:18-cv-00528-RWS-RSP | Verizon Communications Inc. / Cellco Partnership d/b/a Verizon Wireless | Consolidated member case |
See the consolidated caption in the claim-construction orders and in Sol IP, LLC v. AT&T Mobility LLC, No. 2:18-cv-00526-RWS-RSP (E.D. Tex.), Dkt. 202 (patent grouping order), Dkt. 206 ("Sol IP's Opening Claim Construction Brief for 'LTE Group B' Patents"), and the Jan. 7, 2020 Memorandum Opinion and Order (Dkt. 293). Because of consolidation, appearances and briefs were generally filed in the lead case docket (526), and counsel appearing for Sol IP in 526 are the same counsel for this docket.
Sol IP is not an operating company: it is the exclusive licensee of the asserted LTE/4G portfolio from ETRI (Electronics and Telecommunications Research Institute, Korea). Consistent with that, Sol IP's own PTAB mandatory notices describe it as "the exclusive licensee" with "all substantial rights to the patent-at-issue," obtained from ETRI (IPR2020-00242, Paper 5, Dec. 31, 2019).
Attorneys identified
1. Jason Bertoldi — Susman Godfrey LLP (Houston, TX) — trial/lead-side counsel (confidence: moderate)
- Docket-derived attorney records show Bertoldi as counsel for Sol IP in all three companion 2018 E.D. Tex. actions, including this one (2:18-cv-00527, listed as representing "Patent Owner: Sol IP LLC").
2. Richard F. Giunta — Wolf, Greenfield & Sacks, P.C. (Boston, MA) — PTAB lead counsel (confidence: high for the IPR; not a district-court appearance)
- Designated Lead Counsel (Reg. No. 36,149) on Sol IP's Mandatory Notices filed Dec. 31, 2019 in the Ericsson IPRs against the Sol IP/ETRI LTE patents (e.g., IPR2020-00242, IPR2020-00239), under USPTO Customer No. 23628. Wolf Greenfield is a top-tier IP boutique; these notices are the power-of-attorney record for Sol IP before the Board.
3. Elisabeth H. Hunt — Wolf, Greenfield & Sacks, P.C. — PTAB backup counsel (confidence: high for the IPR)
- Designated Backup Counsel (Reg. No. 67,336) on the same Dec. 31, 2019 mandatory notices.
4. PTAB co-counsel on the Sol IP side — additional Wolf Greenfield practitioners
- The mandatory notices appoint "the practitioners associated with USPTO Customer Number 23628," i.e., a bench beyond Giunta and Hunt. I could not enumerate that bench from the retrieved documents.
Attorneys I could not verify — flagging rather than asserting
- Local counsel (E.D. Tex., Marshall/Tyler). No source I retrieved identifies Sol IP's local counsel in 2:18-cv-00527. I have an impression that Deron R. Dacus (The Dacus Firm, Tyler) appeared as local counsel in the Sol IP/AlexSam-adjacent Marshall matters, but I could not tie him to this docket and the one Dacus record I retrieved shows him for Nokia in a different case. Treat as unconfirmed.
- Additional plaintiff-side names. A commercial litigation-analytics page for this docket lists "17 Plaintiff Attorneys," with visible names Rocco Magni and Seong Jun Park. I could not corroborate either name against a docket entry, signed brief, or firm page. Given that these analytics databases frequently mis-parse or conflate related dockets (the 526/527/528 trio share counsel), I would not rely on these names without checking a signature block.
- In-house. No in-house counsel appeared for Sol IP on the docket that I could verify. The relevant in-house/owner-side personnel would sit at ETRI (Korea) or at the licensing vehicle referenced in discovery as "Sol 4/9 IP" (see the Interrogatory No. 9 discussion in the discovery order at Dkt. 291 in the lead case, referencing agreements between "Sol 4/9 IP, ETRI, and/or any third party").
Where the definitive answer lives (verification path)
If you need the attorney list to a litigation-grade standard, pull these from PACER/CourtListener on the lead case 2:18-cv-00526-RWS-RSP:
- Dkt. 1 (Complaint, Dec. 3, 2018) — signature block of the original filing counsel (Sol IP filed all three the same day).
- Notices of Appearance / pro hac vice motions filed in late 2018–2019 — these will capture lead, local, and pro hac vice counsel, including any Texas local counsel.
- Dkt. 205 / Dkt. 206 (Oct. 16, 2019 claim-construction briefs) — plaintiff's signature block, which will show active lead counsel of record at the substantive peak of the case.
- Dkt. 176, 240, 243 — intervenor-related orders that also reproduce the consolidated caption and counsel.
- Dismissal papers leading to the May 20, 2020 termination — joint stipulation of dismissal, which lists all then-appearing counsel.
One-line experience notes (only where supportable)
- Susman Godfrey LLP — elite trial firm with a substantial patent-plaintiff practice in E.D. Tex.; its appearance for Sol IP across the 526/527/528 trio is the main indicator of role here (I could not retrieve a firm bio page confirming the specific case, so this is a firm-level, not case-level, characterization).
- Wolf, Greenfield & Sacks, P.C. — Boston-based IP boutique; Richard Giunta is a long-tenured registered practitioner who served as Sol IP's designated PTAB lead in the Ericsson IPRs challenging the ETRI LTE patents, and Elisabeth Hunt as backup.
Caveat on sourcing: The Susman Godfrey identification rests on a consolidated attorney-to-case database rather than a PACER filing image, so I'd rate it moderate confidence pending confirmation against Dkt. 205/206 signature blocks. The Giunta/Hunt identifications rest on a primary PTAB filing and are high confidence, but they are PTAB roles, not district-court appearances of record in 2:18-cv-00527.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Smith Weber
- Robert William Weber · lead counsel
I'll research the docket and counsel for the Sprint defendants in this case.
Let me dig into the docket entries and attorney listings.
Let me look at the lead case docket and Sprint-specific filings.
Bottom line
The only Sprint-side attorney whose appearance is affirmatively documented on the docket of Sol IP, LLC v. Sprint Communications Co. L.P., No. 2:18-cv-00527-RWS-RSP (E.D. Tex.) is Robert William ("Bob") Weber of Smith Weber, L.L.P. (Texarkana, Texas). He entered the appearance for all four Sprint entities and handled the initial responsive pleadings before the case was folded into the AT&T lead case. I was not able to verify, from the sources retrieved, any additional Sprint-specific appearance on the '527 docket itself, and no in-house Sprint attorney appears in the retrieved record. I flag below several Sprint-side patent litigators who appear in other E.D. Tex. Sprint matters, but I have not confirmed they entered this case — PACER would be needed to close that gap.
Confirmed counsel of record (Sprint defendants)
| Attorney | Role | Firm / office | Grounding |
|---|---|---|---|
| Robert William Weber | Lead / local counsel of record for Sprint Communications Company L.P., Sprint Corporation (named as "Sprint Corp." on the docket), Sprint Solutions, Inc., and Sprint Spectrum L.P. | Smith Weber, L.L.P. — 5505 Plaza Drive, P.O. Box 6167, Texarkana, TX 75505-6167; (903) 223-5656; bweber@smithweber.com; Texas State Bar No. 21044800 | Dkt. 22 — "NOTICE of Attorney Appearance by Robert William Weber on behalf of Sprint Communications Company L.P., Sprint Corporation, Sprint Solutions, Inc., Sprint Spectrum L.P." (Jan. 2, 2019); Dkt. 23 — Defendants' Unopposed First Application for Extension of Time to Answer, signed by Weber (Jan. 2, 2019). (Justia docket and Docket Alarm entries for 2:18-cv-00527.) |
Experience note (Weber): A long-time E.D. Tex. patent-defense hand who has repeatedly served as Texas counsel for Sprint entities — e.g., Fractus, S.A. v. Sprint Communications Co., L.P., No. 2:18-cv-00136 (E.D. Tex.) and Barkan Wireless IP Holdings, L.P. v. Sprint Corp., No. 2:19-cv-00336 (E.D. Tex.), in both of which he filed appearances and extension motions for Sprint Solutions/Sprint Spectrum.
Procedural caveat that matters for "counsel of record"
- On January 14, 2019, the court entered a consolidation order (Dkt. 24) consolidating the '527 case for all pretrial issues (except venue) with the lead case, Sol IP, LLC v. AT&T Mobility LLC, No. 2:18-cv-00526-RWS-RSP, directing that all future filings (other than venue filings) be made in the lead case. Both cases were terminated May 20, 2020 as "dismissed – other."
- Because of that consolidation, Sprint's substantive defense (expert reports, Markman briefing, the motion-to-strike and motion-to-compel practice, etc.) is captured in lead-case filings. The published opinions in the consolidated litigation refer to the "Carriers" (AT&T, Sprint, Verizon/Cellco) and to the intervenors Ericsson Inc. and Nokia of America Corp. collectively, without re-identifying Sprint-specific counsel. See, e.g., Dkt. 291 (Jan. 5, 2020 Memorandum Opinion and Order on Defendants' motion to compel) and the consolidated-case claim construction orders and memorandum order on Defendants' motion to strike (Dkt. 319/533).
Attorneys I could not confirm as appearing in this case (listed only to be explicit, not as findings)
These names surface as Sprint-side patent counsel in other E.D. Tex. matters, but the retrieved sources do not tie them to No. 2:18-cv-00527. I am not asserting they were counsel here:
- Mark McGrory (Rouse Hendricks German May PC, Kansas City, MO) — identified as pro hac vice counsel for Sprint Solutions/Sprint Spectrum in a separate E.D. Tex. Sprint/Boost Mobile patent matter (txed docket 145573).
- Inge Larish, Steven A. Moore, Nicole S. Cunningham (Pillsbury Winthrop Shaw Pittman LLP, San Diego) — signature block "Attorneys for Defendants Sprint Solutions, Inc.; Sprint Spectrum L.P.; and Boost Mobile, LLC" in the same unrelated E.D. Tex. docket.
- Jamie B. Beaber, Kfir B. Levy, Michael W. Maas, Harry Hyunho Park (Steptoe & Johnson LLP, Washington, D.C.) and Robert G. Pluta (Steptoe, Chicago) — signature block for defendant-group filings in the same unrelated E.D. Tex. docket.
- David E. Finkelson and Kristen M. Calleja (McGuireWoods LLP, Richmond, VA) and Shaun W. Hassett — Sprint-side counsel in Fractus, S.A. v. Sprint, No. 2:18-cv-00136 (E.D. Tex.), per a PTAB exhibit reproducing that case's docket report.
Verification status / what to check on PACER
- Well sourced: Weber's appearance and extension application (Dkt. 22–23), and the consolidation order (Dkt. 24); case caption, parties, judges (Schroeder, J.; Payne, M.J.), filing and termination dates, and the single patent listed in this docket profile (US 10,090,894).
- Not verified: whether any co-counsel (pro hac vice or additional local counsel) appeared for Sprint in the '527 docket or in the consolidated lead case. The Justia docket snapshot available to me was last retrieved January 14, 2019, so any 2019–2020 appearances may simply be absent from the snapshot. To confirm the complete Sprint-side roster, pull the PACER docket for 2:18-cv-00527 and the docket report in lead case 2:18-cv-00526 (party filter: Sprint Solutions, Inc.; Sprint Spectrum L.P.; Sprint Communications Co. L.P.).
- The case was resolved by dismissal rather than judgment; nothing in the retrieved record indicates a sealed appearance list, but sealed filings do exist in the consolidated litigation (e.g., Dkt. 213, 319), and exhibits thereto could name additional counsel.