Topwire LLC v. Apple, Inc.

Case Overview and Background

In a lawsuit initiated on December 1, 2025, Topwire LLC, a recently formed Texas-based entity, has accused technology giant Apple, Inc. of patent infringement in the U.S. District Court for the Western District of Texas. Topwire operates as a patent assertion entity (PAE), a company that acquires patents to generate revenue through litigation rather than by producing its own goods or services. The entity was formed in February 2025 and acquired the patent-in-suit in March 2025 from the sole inventor. The defendant, Apple, is a global technology leader known for its consumer electronics, including the iPhone, and a vast ecosystem of software and online services. This case is part of Topwire's inaugural litigation campaign, which also includes a parallel lawsuit filed the same day against Samsung in the Eastern District of Texas over the same patent.

The lawsuit centers on U.S. Patent No. 9,859,202, which Topwire describes as relating to a "semiconductor structure for separating and electrically connecting two layered packaging substrates." Topwire alleges that Apple's smartphones, specifically the iPhone X series and later models, infringe the '202 patent due to their use of a "double-layered logic board with two substrates." The complaint asserts that Apple's infringement was willful, citing notification letters sent to the company in July 2025. This case has been assigned to Judge Alan D. Albright, a prominent figure in U.S. patent litigation, though recent reports indicate he plans to step down from the bench in August 2026.

The case's venue in the Western District of Texas (WDTX) is highly significant. Under Judge Albright's stewardship, the district, and specifically his Waco division, became the nation's top venue for patent litigation, at one point handling nearly 25% of all U.S. patent cases. The district was known for procedures favorable to patent plaintiffs, including expedited schedules that could complicate defendants' efforts to challenge patents at the Patent Trial and Appeal Board (PTAB). While a 2022 order mandated random assignment of patent cases filed in Waco to mitigate this concentration, Judge Albright's court remained a popular venue. The lawsuit is also notable as it intersects with actions at the U.S. Patent Office; public records indicate that a petition for inter partes review (IPR) of the '202 patent has been filed, likely by Samsung in connection with its parallel litigation. The outcome of that PTAB proceeding could significantly impact this case.

Key Legal Developments and Case Status

As of May 1, 2026, the patent infringement lawsuit between Topwire LLC and Apple, Inc. is in its pre-trial stages in the Western District of Texas. The case is characterized by early, substantive motion practice typical of high-stakes technology patent litigation, with parallel validity challenges unfolding at the U.S. Patent and Trademark Office.

Chronological Developments:

• 2025-12-01: Complaint Filed. Topwire LLC filed a patent infringement complaint against Apple, Inc., alleging that Apple's iPhone X and later smartphones, which use a "double-layered logic board," infringe U.S. Patent No. 9,859,202. The case was assigned to Judge Alan D. Albright. (Case No. 7:25-cv-00551, Dkt. 1).

• 2026-02-14: Apple's Motion to Dismiss. Apple filed a motion to dismiss Topwire's complaint under FRCP 12(b)(6), likely arguing that the complaint failed to meet the required pleading standards for patent infringement. Briefing on this motion, including Topwire's response and Apple's reply, concluded on or around 2026-03-30. A ruling on the motion to dismiss is pending.

• 2026-03-31: Parallel IPR Petition Filed by Samsung. In a highly significant development for the litigation, Samsung Electronics filed a petition for inter partes review (IPR) against the asserted '202 patent. The IPR proceeding, docketed as IPR2026-00324, challenges the validity of the patent's claims before the Patent Trial and Appeal Board (PTAB). As of May 2026, the PTAB has not yet decided whether to institute a review of the patent. This IPR was filed in connection with Topwire's parallel litigation against Samsung in the Eastern District of Texas.

• 2026-04-02: Apple's Motion to Transfer Venue. Apple filed a motion to transfer the case from the Western District of Texas to the U.S. District Court for the Northern District of California. In its motion, Apple typically argues that the transferee district is a more convenient and appropriate forum, often because its relevant engineering teams, documents, and other evidence are located there. As of this date, the motion is pending before Judge Albright. No motion to stay the case pending the outcome of the IPR has been filed yet, though such a motion is anticipated, particularly if the PTAB institutes review.

Current Posture and Outlook:

The case is currently at a critical juncture, awaiting Judge Albright's decisions on Apple's motions to dismiss and, more consequentially, to transfer venue. Judge Albright's court has historically been viewed as favorable to patent plaintiffs, and his rulings on transfer motions are closely watched.

The most impactful pending event is the PTAB's institution decision in IPR2026-00324, expected by approximately the end of September 2026. If the PTAB institutes the IPR, it will signal that Samsung has established a "reasonable likelihood" of prevailing on its invalidity arguments. Such a decision would substantially increase Apple's leverage and likely prompt it to file a motion to stay the district court litigation until the PTAB review is complete. A stay, if granted, would pause all district court proceedings, including discovery and claim construction, to await the PTAB's final written decision on the patent's validity.

A Markman (claim construction) hearing is currently scheduled for August 11, 2026, where the court would hear arguments and subsequently issue an order defining the scope of the patent's claims. However, this hearing may be postponed or rendered moot depending on the outcomes of the pending transfer motion and the PTAB proceeding. As of this date, Apple has not yet filed its Answer and any counterclaims, as the deadline is tolled by its pending motion to dismiss.

Plaintiff's Counsel of Record

As of the current date, Topwire LLC has retained a team of experienced patent litigators from both a national firm and a well-regarded Texas-based firm to serve as local counsel. The following attorneys have formally appeared on behalf of the plaintiff in this case.

• J. Gregory Garmon (Lead Counsel)

  • Firm: Garmon & Associates, PLLC (Dallas, Texas)
  • Note: Mr. Garmon is a veteran patent litigator known for representing patent assertion entities in high-stakes campaigns across Texas and other key jurisdictions.

• Christina L. Williams (Of Counsel)

  • Firm: Garmon & Associates, PLLC (Dallas, Texas)
  • Note: Williams has extensive experience in federal court, having clerked in the Eastern District of Texas and worked on numerous patent cases alongside Mr. Garmon.

• S. Calvin Capshaw (Local Counsel)

  • Firm: Capshaw DeRieux LLP (Gladewater, Texas)
  • Note: As a prominent East Texas attorney, Mr. Capshaw frequently serves as local counsel in patent cases and is highly familiar with practice in both the Eastern and Western Districts of Texas.

• Elizabeth L. DeRieux (Local Counsel)

  • Firm: Capshaw DeRieux LLP (Gladewater, Texas)
  • Note: Ms. DeRieux is a partner at Capshaw DeRieux and regularly represents plaintiffs in patent infringement litigation filed in Texas federal courts.

Defendant's Counsel of record

Apple Inc. has retained counsel from the national patent litigation powerhouse Wilmer Cutler Pickering Hale and Dorr LLP, along with esteemed local counsel in Texas. The following attorneys have appeared on behalf of the defendant.

• Joseph J. Mueller (Lead Counsel)

  • Firm: WilmerHale (Boston, MA)
  • Note: Mueller is a veteran trial lawyer and co-chair of WilmerHale's Intellectual Property Litigation Practice, known for representing major tech companies in high-stakes patent disputes.

• Mark D. Selwyn (Of Counsel)

  • Firm: WilmerHale (Palo Alto, CA)
  • Note: Selwyn has a long track record of defending Apple in complex patent cases, including securing a significant defense verdict against Optis in the Eastern District of Texas.

• Joze Welsh (Of Counsel)

  • Firm: WilmerHale (Palo Alto, CA)
  • Note: Welsh is a seasoned patent litigator who has been involved in key filings for Apple in this case, including the motion to transfer venue.

• Valerie M. Verret (Local Counsel)

  • Firm: The Dacus Firm, P.C. (Tyler, TX)
  • Note: Verret frequently serves as local counsel for major corporations in patent cases filed in Texas, bringing extensive knowledge of local practice in the Western and Eastern Districts.