Litigation
Telcom Ventures LLC v. Samsung Electronics Co., Ltd. et al.
ongoing2:24-cv-00691
- Filed
- 2024-08-21
Patents at issue (1)
Plaintiffs (1)
Defendants (1)
Summary
Telcom Ventures LLC accused Samsung Electronics Co., Ltd. et al. of infringing eight patents, including US12028793, through its Samsung Pay service. The case, filed in August 2024, is ongoing, with Samsung's response deadline extended to December 8, 2024.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
Telcom Ventures LLC, identified as an inventor-controlled plaintiff and private investment firm, has initiated patent infringement litigation against Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.. Telcom Ventures' CEO, Rajendra Singh, is also named as an inventor on the asserted patents, indicating the plaintiff is likely a Non-Practicing Entity (NPE) or Patent Assertion Entity (PAE). Samsung, a global operating company specializing in consumer electronics, is accused of infringing these patents through its Samsung Pay service and supporting smartphones, specifically related to mobile payment functionalities that utilize biometric authentication and either near-field communication (NFC) or magnetic secure transmission (MST) technologies.
The lawsuit, filed on August 21, 2024, in the Eastern District of Texas, Marshall Division, case number 2:24-cv-00691, is presided over by District Judge Rodney Gilstrap. This venue is notable for its historical reputation as a plaintiff-friendly forum in patent cases, known for its accelerated trial schedules, specific local rules, and juries often perceived as sympathetic to patent holders. Although the Supreme Court's TC Heartland decision aimed to limit venue options, plaintiffs have developed strategies, such as suing foreign affiliates, to maintain cases in districts like the Eastern District of Texas. The case is ongoing, with Samsung's motion to stay proceedings pending inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB) being denied in August 2025, as the IPRs had not yet been instituted. Jury selection was scheduled for June 1, 2026.
Telcom Ventures is asserting eight patents in this litigation: U.S. Patent Nos. 9,462,411; 9,832,708; 10,219,199; 10,674,432; 11,770,756; 11,924,743; 11,937,172; and 12,028,793. Broadly, these patents cover technologies related to: smartphones communicating with other devices via short-range and other air interfaces based on proximity criteria (U.S. Patent Nos. 9,832,708; 10,219,199); short-range transfers for financial transactions conditioned on physiological parameters (U.S. Patent No. 10,674,432); enabling/disabling mobile device features based on physiological/environmental sensor data (U.S. Patent No. 11,770,756); authorizing financial transactions using various data parameters including physiological and environmental sensor data (U.S. Patent No. 11,924,743); and executing smartphone financial transactions based on physiological parameters and proximity conditions (U.S. Patent Nos. 11,937,172; 12,028,793). The '9462411 patent specifically pertains to selectively sending data from a smartphone based on the detection or absence of physiological data and a proximity condition. The case is notable for exemplifying NPE assertion patterns in the mobile payment sector, with Telcom Ventures also pursuing similar litigation against Apple Inc. concerning Apple Pay, and Samsung, along with Apple, vigorously challenging the asserted patents through numerous IPR petitions at the PTAB.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Telcom Ventures LLC initiated a patent infringement lawsuit against Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. in the Eastern District of Texas on August 21, 2024, alleging infringement of eight patents, including US12028793, through Samsung's "Samsung Pay" service. The case remains active and is proceeding towards trial.
Here's a chronological overview of the key legal developments:
Filing & Initial Pleadings:
- Complaint Filed (2024-08-21): Telcom Ventures LLC filed the complaint in the Eastern District of Texas (Case No. 2:24-cv-00691).
- Defendant's Response/Counterclaims: While a specific answer filing date is not explicitly available in public search results, Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. were identified as "Counter Claimants," indicating that counterclaims were filed by Samsung. The defendants' response deadline had been extended to December 8, 2024.
Pre-trial Motions of Substance:
- Motion to Stay Pending IPR (Undated, filed before 2025-08-27): Samsung filed a Motion to Stay Proceedings Pending Inter Partes Review (Dkt. No. 47).
- Order Denying Motion to Stay (2025-08-27): The District Court denied Samsung's motion to stay (Dkt. No. 53). The court noted that the Inter Partes Reviews (IPRs) were "still pending institution" at the Patent Trial and Appeal Board (PTAB) and institution decisions were not expected until December 2025. The court generally denies such motions prior to PTAB institution.
- Motion for Leave to Amend Invalidity Contentions (Undated): Samsung filed a Motion for Leave to Amend Invalidity Contentions (Dkt. No. 57).
- Order Granting Motion to Amend Invalidity Contentions (2026-04-23): District Judge Rodney Gilstrap granted Samsung's motion for leave to amend its invalidity contentions (Dkt. No. 170).
Claim Construction (Markman) Outcomes:
- Markman Hearing Set (2024-12-06): A Docket Control Order signed by Magistrate Judge Roy S. Payne scheduled the Markman (claim construction) hearing for December 11, 2025, at 09:00 AM.
- Claim Construction Order (Post-2025-12-11): The parties were ordered to file a Joint Notice regarding mediation within fourteen days of the issuance of the Court's claim construction order, indicating that an order was expected after the December 11, 2025 hearing. However, the specific content or exact issuance date of the claim construction order is not publicly available in the search results.
Discovery Milestones with Strategic Significance:
- Invalidity Contentions Served (by 2025-02-03): Samsung served its initial invalidity contentions by this date, mentioning potential Motorola prior art.
- Expert Discovery Deadline (2026-02-04): The deadline to complete expert discovery was set for February 4, 2026.
- Dispositive Motions Deadline (2026-02-09): The deadline for filing dispositive motions was February 9, 2026, with responses due by February 23, 2026.
Trial Events:
- Pretrial Conference (2026-04-27): A pretrial conference was scheduled for April 27, 2026.
- Jury Selection (2026-06-22): Initially set for June 1, 2026, the jury selection date was later amended to June 22, 2026, by the Sixth Amended Docket Control Order (Dkt. No. 178).
Settlement, Dismissal, Judgment, or Appeal:
- The case is currently ongoing and is set for a jury trial in June 2026. No final disposition has been reached.
Parallel PTAB IPR/PGR Proceedings:
- IPR Petitions Filed (May 2025): Samsung filed multiple IPR petitions against Telcom Ventures' patents, including US12028793, with at least four specific IPRs identified: IPR2025-00957 (filed 2025-05-02), IPR2025-00972 (filed 2025-05-23), IPR2025-00973 (filed 2025-05-23), and IPR2025-00974 (filed 2025-05-23).
- PTAB Institution Decisions (Expected December 2025): Institution decisions for these IPRs were expected around December 2025. The PTAB's procedures changed in October 2025, centralizing institution decisions with the USPTO Director and often issuing summary notices without detailed explanations.
- Status of IPRs: Public search results for the specific IPRs filed by Samsung against Telcom Ventures' US12028793 (IPR2025-00957, -00972, -00973, -00974) do not explicitly show "Institution Decisions." For IPR2025-00972, a "Refund Request" was filed on April 3, 2026, and a "Petitioner's Status Report and Update" on May 13, 2026, which may indicate a withdrawal or denial of institution. Given the advanced stage of the district court litigation and the PTAB's recent policy changes favoring discretionary denials in such circumstances (e.g., under Fintiv factors and "settled expectations"), it is likely that these IPRs were either not instituted or were withdrawn, though a definitive public record of their final disposition was not found in the available search results.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Alston & Bird
- Mary Riolo · counsel
Counsel of Record for Plaintiff Telcom Ventures LLC
Mary Riolo
- Role: Counsel for Plaintiff (listed as "Patent Owner" in related filings)
- Firm: Alston & Bird LLP
- Office Location: While not explicitly stated for this case, Alston & Bird has multiple offices. Further investigation would be needed to pinpoint Mary Riolo's primary office location, though a strong patent litigation practice suggests locations like Washington D.C., New York, or California.
- Relevant Patent Litigation Experience: Mary Riolo has represented Telcom Ventures LLC in other patent infringement cases, including against Apple Inc. in the Northern District of California and the Southern District of Florida, and is listed as counsel for the "Patent Owner" in IPR proceedings involving Telcom Ventures LLC. Her practice areas include Communications, Software, Security, and Computer Architecture and Software, with experience in District Court and Court of Appeals for the Federal Circuit cases.
Further review of the docket for case 2:24-cv-00691-JRG would be necessary to definitively identify lead counsel, local counsel, or any other appearing attorneys for Telcom Ventures LLC, as well as their specific roles and office locations. The provided search results indicate that parties are directed to designate a lead attorney "on the first appearance through counsel." While Mary Riolo is identified as representing Telcom Ventures, specific filings detailing her formal designation as lead counsel or the appearance of local counsel were not found in the provided snippets.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
Counsel of Record for Defendants Samsung Electronics Co., Ltd. et al.:
The following attorneys have appeared as counsel of record for Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. in Telcom Ventures LLC v. Samsung Electronics Co., Ltd. et al., Case No. 2:24-cv-00691 in the Eastern District of Texas:
Kevin Hardy
- Role: Trial Lawyer, Partner
- Firm: Quinn Emanuel Urquhart & Sullivan, LLP, Washington, D.C.
- Experience Note: Extensive experience litigating intellectual property disputes, including patent cases and standard essential patents, and was trial counsel for Samsung Electronics in a 2023 jury trial in Marshall, Texas, where a complete defense verdict was obtained.
Sean S. Pak
- Role: Co-Chair of National Intellectual Property Litigation Practice, Partner
- Firm: Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, CA.
- Experience Note: A trial lawyer with extensive experience in litigating patents, trade secrets, and copyrights, he served as lead counsel for Samsung Electronics in the Evolved Wireless v. Samsung trial in Marshall, Texas, securing a complete defense verdict.
Iman Lordgooei
- Role: Partner
- Firm: Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, CA.
- Experience Note: Practices intellectual property law with a focus on patent and trade secret litigation, having represented clients in the Eastern District of Texas and before the International Trade Commission.
Benjamin M. Kleinman
- Role: Of Counsel (joined firm in December 2024)
- Firm: Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, CA.
- Experience Note: Experienced patent and technology litigation attorney with expertise in technically intricate software, computer architecture, information systems, consumer electronic devices, and fintech products.
Jeremy Thomas
- Role: Associate
- Firm: Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, CA.
- Experience Note: Focuses on intellectual property litigation and has prior experience supporting attorneys in drafting freedom-to-operate and infringement analyses.
Brady Huynh
- Role: Associate
- Firm: Quinn Emanuel Urquhart & Sullivan, LLP, Silicon Valley, CA.
- Experience Note: Practices intellectual property litigation and has experience in patent law, including drafting freedom-to-operate and infringement analyses, and is admitted to practice before the USPTO.
Melissa Richards Smith
- Role: Partner, Local Counsel
- Firm: Gillam & Smith LLP, Marshall, TX.
- Experience Note: Highly experienced trial lawyer in the Eastern District of Texas for both plaintiffs and defendants, with a strong focus on patent litigation where she has tried multiple patent cases to verdict.
Andrea Pallios Roberts
- Role: Partner
- Firm: Paul Hastings LLP, Palo Alto, CA.
- Experience Note: Focuses on high-stakes technology litigation with an emphasis on intellectual property, primarily patent, and has successfully tried multiple cases in federal courts, including in Texas.
Robert R. Laurenzi
- Role: Of Counsel
- Firm: Paul Hastings LLP, New York, NY.
- Experience Note: Focuses on patent litigation involving computer, internet, and telecommunications technologies, with experience in patent prosecution and in-house counsel roles for technology and media agreements.
Matthias A. Kamber
- Role: Partner
- Firm: Paul Hastings LLP, San Francisco, CA.
- Experience Note: Focuses on litigating intellectual property cases, including patent cases involving smartphones and microprocessors, and has advised major tech companies like Samsung and Google in complex disputes.
No detailed profile or firm information for "Joseph Reed" in connection with patent litigation for Samsung in this specific case was readily available through web searches, beyond his listing as counsel in a docket event.