TurboCode LLC v. Dell Technologies Inc. et al

This case is part of a broader litigation campaign by patent assertion entity TurboCode LLC, an entity associated with Jeffrey M. Gross. TurboCode is a non-practicing entity (NPE) that generates revenue by litigating patents. The defendant, Dell Technologies Inc., is a major multinational technology company that produces a wide range of computer hardware, including laptops and tablets. The lawsuit alleges that Dell's products that comply with 3G and 4G/LTE cellular communication standards—such as laptops, smartphones, and tablets—infringe on TurboCode's patent. The litigation is centered on a single patent, U.S. Patent No. 6,813,742, which generally relates to a high-speed "turbo code" decoder for wireless communications, a type of forward error correction technology fundamental to 3G and 4G standards.

The case was filed on April 12, 2021, in the U.S. District Court for the Western District of Texas and assigned to Judge Alan D. Albright in the Waco division. At the time of filing, Judge Albright's court had become the most popular venue for patent litigation in the United States, particularly for NPEs, due to his expertise in patent law and plaintiff-friendly procedures, including a fast timeline to trial and a reluctance to transfer cases. This specific case is notable as one of many in a campaign launched by TurboCode in April 2021 against numerous high-profile tech companies, including HP, Huawei, Acer, AT&T, and T-Mobile, all asserting the same '742 patent. The widespread assertion against products implementing industry standards makes this campaign impactful. Adding to the case's significance, Unified Patents, an organization that challenges patents asserted by NPEs, filed for an ex parte reexamination of the '742 patent at the USPTO on April 14, 2026, creating a parallel proceeding that could affect the district court litigation.

Key Legal Developments and Outcome

This litigation, part of a broad campaign by TurboCode LLC, was resolved and closed less than a year after its filing. The case concluded before any substantive rulings on claim construction or dispositive motions, a common pattern in this campaign that suggests an outcome negotiated between the parties.

Chronological Developments

• 2021-04-12: Complaint Filed
  TurboCode LLC filed a patent infringement complaint against Dell Technologies Inc. and Dell Inc. in the U.S. District Court for the Western District of Texas (Waco Division), asserting U.S. Patent No. 6,813,742. The complaint alleged that Dell's products (such as laptops and tablets) equipped with 3G and 4G/LTE cellular capabilities infringed the '742 patent. The case was assigned to Judge Alan D. Albright.

• Initial Pleadings
  Following the complaint, the case proceeded through the initial pleading stages. While specific docket entries for Dell's answer and any counterclaims are not detailed in the available search results, this would have been the standard next step in the litigation process. During this period, Dell engaged technical expert James Proctor to provide testimony on claim construction, validity, and infringement issues, indicating active preparation for litigation on the merits.

• 2022-03-29: Case Closed
  The court's docket indicates that the case was officially closed on March 29, 2022. The specific filing that prompted the closure, such as a joint motion to dismiss or a stipulation of dismissal, is not available in public search results. However, the closure of the case less than a year after filing and before any significant court rulings is highly indicative of a private settlement between the parties. This pattern has been observed in other parallel cases filed by TurboCode against other technology companies over the same patent, which were also dismissed with prejudice, suggesting confidential settlements.

Outcome and Disposition

The case was terminated on March 29, 2022. While the precise reason for the dismissal is not publicly documented, the context of TurboCode's litigation campaign strongly implies a confidential settlement was reached between TurboCode and Dell. No judicial rulings were issued on claim construction, summary judgment, or the merits of the infringement allegations. The dismissal concluded the litigation without any finding of liability against Dell.

Parallel Proceedings

It is noteworthy that on April 14, 2026—more than four years after this case against Dell was closed—Unified Patents filed a request for ex parte reexamination of the '742 patent at the U.S. Patent and Trademark Office. This proceeding had no bearing on the outcome of the Dell litigation, which had long been concluded.

Plaintiff's Counsel

TurboCode LLC was represented by attorneys from two Texas-based law firms well-known for their work in patent litigation, particularly in the Eastern and Western Districts of Texas.

Ward, Smith & Hill, PLLC (Longview, TX)

This firm is a prominent litigation boutique with a national reputation for handling high-stakes patent infringement cases.

• T. John "Johnny" Ward, Jr. (Lead Counsel)

  • Firm: Ward, Smith & Hill, PLLC (Longview, TX)
  • Note: A founding partner of the firm and son of retired Judge T. John Ward, he has a long track record of securing major trial victories in intellectual property cases against large technology companies.

• Wesley Hill (Lead Counsel)

  • Firm: Ward, Smith & Hill, PLLC (Longview, TX)
  • Note: An experienced trial lawyer with significant courtroom experience in patent cases, representing both plaintiffs and defendants.

• Claire Abernathy Henry (Lead Counsel)

  • Firm: Ward, Smith & Hill, PLLC (Longview, TX)
  • Note: A partner at the firm with extensive experience in patent litigation in the Eastern and Western Districts of Texas, having previously served as a briefing attorney for former Judge T. John Ward.

Albritton Law Firm (Longview, TX)

• Eric M. Albritton (Local Counsel)
  • Firm: Albritton Law Firm (Longview, TX)
  • Note: An experienced trial lawyer who has represented both patent holders and accused infringers, including patent assertion entities, in cases involving diverse technologies like cellular communications.

Defendant Representatives

Dell Technologies Inc. and its subsidiary Dell Inc. were represented by attorneys from the international law firm Winston & Strawn LLP.

Winston & Strawn LLP

• Michael A. Bittner (Lead Counsel)

  • Firm: Winston & Strawn LLP (Houston, TX)
  • Note: A partner in the firm's litigation department, Bittner has extensive experience representing major technology companies in patent disputes across various U.S. district courts and the ITC.

• David F. Bloch (Of Counsel)

  • Firm: Winston & Strawn LLP (San Francisco, CA)
  • Note: A seasoned patent litigator, Bloch has led numerous high-stakes intellectual property cases involving complex technologies for prominent tech-sector clients.

• Samir S. Tadros (Of Counsel)

  • Firm: Winston & Strawn LLP (Houston, TX)
  • Note: Tadros focuses his practice on patent litigation and has represented clients in matters involving telecommunications, software, and other technologies.

• Cynthia M. Walden (Of Counsel)

  • Firm: Winston & Strawn LLP (Houston, TX)
  • Note: As an associate at the firm, Walden's practice includes patent litigation in federal courts.

Local Counsel

• Deric J. Burnett (Local Counsel)
  • Firm: Wilson, Robertson & Cornelius, P.C. (Tyler, TX)
  • Note: Burnett frequently serves as local counsel in East and West Texas patent cases, representing clients in a variety of intellectual property disputes.