Litigation

Unified Patents, LLC v. FireNet Technologies, LLC

final written decision

IPR2020-00471

Filed
2020-03-13

Patents at issue (1)

Summary

Unified Patents, LLC filed an inter partes review against FireNet Technologies, LLC challenging claims 1-17 and 19-23 of US 8,892,600 on obviousness grounds. A Final Written Decision issued and the challenged claim was cancelled.

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 across the docket, PTAB records, and legal press.

Case Overview and Background

Framing note: IPR2020-00471 is not itself a district court infringement action — it is a Patent Trial and Appeal Board inter partes review, and the metadata supplied (PTAB/USPTO, final written decision) is correct. The "infringement litigation" here is the underlying district court campaign brought by FireNet Technologies, LLC against networking vendors, which is what prompted Unified's challenge. So the parties, accused products, and venue questions below describe that campaign, while the procedural posture of this docket is the IPR.

Parties. Petitioner Unified Patents, LLC is a defensive patent aggregator (a membership-based entity that files IPRs, ex parte reexaminations, and crowdsourced "PATROLL" prior-art contests to knock out patents asserted against operating companies); it represented itself in this proceeding through in-house counsel David Seastrunk and Roshan Mansinghani. Patent Owner FireNet Technologies, LLC is a non-practicing entity (NPE/PAE) and an affiliate of IP Investments Group, LLC, with Intelleq Holdings, LLC identified as its corporate parent in its Rule 7.1 disclosure in the first suit it filed (Unified Ex. 1030, citing FireNet Techs., LLC v. Kemp Techs., Inc., No. 1:18-cv-05564 (S.D.N.Y.), ECF 3). FireNet does not make or sell products; it monetizes a four-patent family (the '837, '302, '994, and '600 patents) that Unified's exhibits characterize as the "Kentworthy" family concerning firewalls dedicated to network-attached devices (NADs). Unified's own case summaries describe FireNet as "an IP Investments affiliate and well-known NPE" (Unified Patents, Mar. 16, 2020).

Accused technology. FireNet's complaints targeted the internal network-security and application-delivery features of enterprise networking gear — for example, the KEMP LoadMaster (access-control-list filtering of TCP/IP packets destined to an internal "Web Access server," per the S.D.N.Y. complaint), Citrix NetScaler/NetScaler Gateway, the Fujitsu NS Appliance and NS Options used with PRIMERGY servers and ETERNUS storage, and products of A10 Networks and Fortinet. In each instance the theory was the same: a load balancer, ADC, or firewall appliance positioned between external clients and internal servers acts as the claimed "NAD server," inspects packet headers (source/destination IP), authorizes or denies access, and thereby provides a second, device-specific layer of protection beyond the perimeter firewall (Fujitsu complaint analysis, E.D. Tex. 2:18-cv-00270). FireNet generally alleged both direct (§ 271(a)) and induced (§ 271(b)) infringement, plus willfulness, based on vendor manuals and deployment guides.

Patent asserted here. Only U.S. Patent 8,892,600 ("Network attached device with dedicated firewall security," issued Nov. 18, 2014) is at issue in this IPR. One-line sketch: a computer-implemented method in which a first computing device (e.g., a proxy firewall) on an internal network receives data packets, examines them for an IP address associated with an isolated second computing device that has an attached peripheral, filters/authorizes access based on packet-header information, and reformulates the packets for delivery to that isolated device. In the district court cases FireNet asserted claim 8 of the '600 patent (e.g., Count IV of the KEMP and Fujitsu complaints). Unified challenged claims 1–17 and 19–23, asserting obviousness in three principal grounds: (1) Coley (U.S. 5,826,014) in view of Coss (U.S. 6,098,172); (2) Coley/Coss further in view of Shand (U.S. 6,147,976) for the rejected-packet logging claims 15 and 23; and (3) Coss in view of Gelb (U.S. 5,550,984), supported by the declaration of Dr. Tal Lavian (Ex. 1003). Unified also argued the Board should not deny institution under § 325(d) because Coley had never been substantively applied during prosecution of the '600 patent (petition summary).

Procedural posture and "venue." The IPR was filed March 13, 2020; instituted September 1, 2020 on all challenged claims; final written decision March 18, 2021, holding all challenged claims unpatentable. The panel was Administrative Patent Judges Daniel J. Galligan (writing), Kimberly McGraw, and Michael T. Cygan (Patexia summary; Unified Patents, Mar. 18, 2021). A notable docket wrinkle: on August 26, 2020 the parties jointly stipulated to treat Unified's Voluntary Interrogatories (Ex. 1005) as a declaration (Paper 6) — a common Unified practice used to establish its real-party-in-interest posture without a deposition of its principals. An IPR certificate cancelling claims 1–17 and 19–23 issued October 12, 2021; I found no record of a Federal Circuit appeal by FireNet, but I did not verify that against PACER/CAFC directly. Because IPR2020-00471 was filed in the PTAB (Alexandria, Va.), there is no district division or Article III judge here, and the Board does not owe deference to any district forum. The parallel district cases ran in S.D.N.Y. (Judge Andrew L. Carter, Jr.), E.D. Tex., Marshall Division (Judge Rodney Gilstrap, with Magistrate Judge Roy S. Payne), N.D. Cal., and N.D. Ga. (Judge Leigh Martin May) — chosen in each instance to match a defendant's principal place of business rather than a single NPE-friendly district. FireNet listed Fortinet among the sued companies in Unified's reporting, but I could not confirm the Fortinet docket number, venue, or outcome in the sources available; the A10 Networks case (N.D. Cal. 3:18-cv-06502) was dismissed as settled on January 22, 2019, and Unified reported that the Fujitsu action had been terminated.

Why it matters. First, this is a clean illustration of the defensive-aggregator IPR model: the challenge was filed by Unified, not by any defendant, after FireNet's suits against Kemp, Citrix, A10, Fortinet, and Fujitsu had largely been dismissed or settled — a "cleanup" assertion aimed at preventing reuse of the patent against Unified's members. Second, it demonstrates IPR-to-district-court linkage: with the '600 patent's claims cancelled, FireNet's pending Count IV (which asserted claim 8) became moot and the decision carried persuasive/collateral-estoppel weight against the sibling '837/'302/'994 claims. Third, it shows the portfolio-wide attack pattern — Unified ran a PATROLL prior-art contest on the related '302 patent (Sept. 30–Nov. 17, 2020) while the '600 IPR was in trial, and relied on the sibling patents' file histories as evidence (Exs. 1011–1015) (PATROLL contest). Fourth, the patent family claims priority to a September 1, 1998 filing, making the '600 patent an unusually late-issuing (2014) member of a very old family whose statutory term was running from 1998 — i.e., an end-of-life asset being asserted in 2018–2019, consistent with the "firewall/ADC" assertion wave against networking vendors. That term-expiration inference is drawn from a third-party timeline and should be confirmed against the patent's face (any PTA/PTO adjustment or terminal disclaimer) before being relied on.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

I'll research this case. Note upfront: the metadata describes an IPR proceeding at the PTAB, not a district court litigation — but there may be parallel district court actions involving FireNet's patents. Let me investigate both tracks.

Now let me research the parallel district court litigations and any appeal.

Framing note (important)

The case number in the metadata — IPR2020-00471, Unified Patents, LLC v. FireNet Technologies, LLC — is not a district-court infringement action. It is an inter partes review before the PTAB, where Unified Patents (a defensive patent aggregator, not an infringement plaintiff) is the petitioner and FireNet is the patent owner. The infringement litigation you're asking about is FireNet's separate district-court campaign against five networking vendors, which ran on a parallel track and is what the IPR was designed to derail. I've laid out both tracks chronologically, because the district-court track supplies most of the "pleadings / motions / settlement" events you asked for, while the IPR supplies the dispositive outcome.

Sourcing caveat: I could not pull live PACER dockets; the below rests on PTAB records (Patexia, Ex Parte AI Lab), RPX Insight, Unified Patents' own case notes, Justia/UniCourt/PacerMonitor docket mirrors, and the filed complaints. Where something is unverified I say so.


Track A — The parallel district-court infringement litigation (FireNet as plaintiff)

FireNet Technologies, LLC is a Georgia NPE and an affiliate of IP Investments Group, LLC (corporate parent Intelleq Holdings, LLC). Plaintiff's counsel throughout was Kheyfits Belenky LLP / Kent & Risley (Dmitry A. Kheyfits, Andrey Belenky, Hanna Glomska Cohen, Daniel A. Kent). FireNet asserted a four-patent family with a common specification and a 1998-09-01 priority date, each case pleading one representative independent claim:

Patent Title Issued Claim asserted
6,317,837 Internal Network Node With Dedicated Firewall 2001-11-13 claim 37
7,739,302 Network Attached Device With Dedicated Firewall Security 2010-06-15 claim 1
8,306,994 Network Attached Device With Dedicated Firewall Security 2012-11-06 claim 10
8,892,600 Network Attached Device With Dedicated Firewall Security 2014-11-18 claim 8

Each complaint also pleaded induced infringement (§271(b)) and willfulness.

Chronology:

  • 2018-06-20 — FireNet Technologies, LLC v. KEMP Technologies Inc., No. 1:18-cv-05564 (S.D.N.Y.) (Judge Andrew L. Carter, Jr.). Initial complaint with five exhibits; FireNet's Rule 7.1 statement disclosed Intelleq Holdings as parent. Served 2018-06-27; answer deadline extended to 2018-08-17, when KEMP filed its answer with jury demand and a corporate disclosure statement (defense counsel: Stewart M. Leviss).
  • 2018-07-05 — FireNet Technologies, LLC v. Fujitsu Ltd. and Fujitsu America, Inc., No. 2:18-cv-00270 (E.D. Tex., Marshall Div.). Four counts, one per patent; accused products included PRIMERGY servers, ETERNUS storage, and the NS Appliance / NS Options security products. This case later terminated (Unified's 2020-09-01 post describes Fujitsu as "now terminated").
  • 2018-10-24 — FireNet Technologies, LLC v. A10 Networks, Inc., No. 3:18-cv-06502 (N.D. Cal.) (initially Magistrate Judge Susan van Keulen; reassigned 2018-12-04 to Judge Vince Chhabria). Closed 2019-01-22 with status "Dismissed – Settled" — 91 days in litigation.
  • 2019-02-14 — FireNet Technologies, LLC v. Fortinet Inc., No. 3:19-cv-00798 (N.D. Cal.) (Judge James Donato). Closed 2019-08-09 (last docket entry 2019-08-13), 177 days in litigation.
  • 2019-07-12 — FireNet Technologies, LLC v. Citrix Systems, Inc., No. 1:19-cv-03199 (N.D. Ga.) (Judge Leigh Martin May). Complaint attached all four patents-in-suit plus NetScaler accused-product exhibits; served on Citrix 2019-07-25. On 2019-10-15 FireNet filed a Notice of Voluntary Dismissal With Prejudice under Fed. R. Civ. P. 41(a)(1)(A)(i); the clerk entered dismissal and terminated the case on 2019-10-17. Total life: 98 days.

What is conspicuously absent from Track A: none of these five cases produced a Rule 12 motion ruling, a transfer/stay fight, a Markman claim construction order, a summary-judgment decision, a trial, a verdict, or an appeal. Every case that resolved, resolved by settlement or voluntary dismissal with prejudice inside roughly three to six months of filing. The litigation was classic NPE "file-and-settle" — which is precisely the posture that made the IPR strategically decisive: Unified filed only after the campaign had largely wound down, targeting the patents that had generated the settlements.


Track B — The PTAB proceeding (IPR2020-00471) — the case in the caption

  • 2020-03-13 — Petition filed. Unified Patents filed an IPR against claims 1–17 and 19–23 of US 8,892,600, seeking cancellation on obviousness grounds. Unified was represented in-house by David Seastrunk and Roshan Mansinghani. Grounds (per the petition record):
    • Ground 1: claims 1–14, 16, 17, 19–22 obvious over Coley (US 5,826,014) + Coss (US 6,098,172);
    • Ground 2: claims 15, 23 obvious over Coley + Coss + Shand (US 6,147,976) (rejected-packet logging);
    • Ground 3: claims 1–14, 16, 17, 19–22 obvious over Coss + Gelb (US 5,550,984); plus Coss + Gelb + Shand for claims 15 and 23.
    • Petitioner also pre-empted a §325(d) discretionary-denial argument, contending Coley was never substantively applied during prosecution of the '600 patent (only in a related patent) and was never combined with Coss/Gelb/Shand.
    • Evidence included a declaration by Unified's expert Dr. Tal Lavian (Ex. 1003), claim charts (Ex. 1006), and FireNet's own Kemp Rule 7.1 statement and Georgia corporate-registry records (Exs. 1030–1032) — i.e., Unified papered the real-party-in-interest / privity record from the outset.
  • 2020-03-18 — Notice of Accord Filing Date (Paper 3).
  • 2020-06-22 — FireNet's only substantive filings: Mandatory Notices (Paper 4) and Power of Attorney (Paper 5). Notably, the public docket reflects no Patent Owner Preliminary Response, no Patent Owner Response, and no motion to amend.
  • 2020-08-26 — Joint Stipulation to Treat Exhibit 1005 as a Declaration (Paper 6) — a procedural stipulation converting Unified's "Voluntary Interrogatories" exhibit into declaration form.
  • 2020-09-01 — Institution decision (Paper 7) and Scheduling Order (Paper 8). The Board instituted trial on all challenged claims (an all-claims institution consistent with SAS Institute v. Iancu, 584 U.S. 357 (2018)).
  • 2020-09-30 to 2020-11-17 — Unified's PATROLL crowdsourced prior-art contest on sibling patent US 7,739,302 (proxy-firewall art; $2,500 listed prize); a $1,250 award was announced 2021-05-11 to contest winner Euclid Woo. This shows Unified was running a multi-front campaign across the four-patent family, not just the '600 IPR.
  • 2020-11-30 — Board paper (Paper 9) appears on the docket; its contents are not described in the sources I could reach (likely an order/notice). Flagging as unverified.
  • 2021-03-15 — Petitioner's Updated Mandatory Notices (Paper 10).
  • 2021-03-18 — FINAL WRITTEN DECISION (Paper 11, "Termination Decision Document"). The Board held all challenged claims — 1–17 and 19–23 — unpatentable. Panel: Administrative Patent Judges Daniel J. Galligan (opinion author), Kimberly McGraw, and Michael T. Cygan. Unified's own announcement confirms: "the PTAB issued a final written decision … holding all claims of U.S. Patent 8,892,600 (claims 1-17 and 19-23) unpatentable."
  • 2021-10-12 — IPR certificate issued, cancelling claims 1–17 and 19–23 of the '600 patent.

Appeal: I found no Federal Circuit appeal of the '600 FWD in any source consulted. The absence of a Patent Owner Response and the all-claims cancellation strongly suggest FireNet did not defend or appeal, but I cannot confirm non-appeal from a docket — treat that as a gap.


Effect of the IPR on the infringement litigation

  • The '600 patent's asserted claim 8 was cancelled, which per the Fujitsu-case analysis "may render the infringement count on the '600 patent moot." Any FireNet count premised on the '600 patent — including in the Fujitsu and Citrix complaints, which both attached the '600 patent as an exhibit — collapsed as a matter of law once the certificate issued (2021-10-12).
  • The FWD's prior-art findings were shared across the family: Unified's IPR exhibits included the file histories and the patents themselves of the sibling '837, '302, and '994 patents (Exs. 1011–1013, 1015), and its obviousness showing used the same common-specification architecture. That gave would-be defendants in any revived FireNet case a ready-made, Board-vetted invalidity narrative for the remaining patents.
  • Timing reality check: by the time the IPR was even filed (2020-03-13), all five district-court cases were already resolved or winding down (KEMP and Fujitsu having gone quiet after 2018–2019 pleading-stage activity; A10 dismissed 2019-01-22; Fortinet closed 2019-08-09; Citrix dismissed 2019-10-17). So the IPR's practical effect was retrospective and deterrent — it killed the asserted claim and, with the PATROLL contests on '302, poisoned the whole portfolio against re-assertion.

Final disposition / present posture

  • IPR2020-00471: closed. Final Written Decision 2021-03-18 holding claims 1–17 and 19–23 of the '600 patent unpatentable; certificate cancelling those claims issued 2021-10-12. Status today (2026-09-19): terminated, no pending appeal identified.
  • FireNet's district-court campaign: every case resolved without adjudication —
    • KEMP (S.D.N.Y. 1:18-cv-05564) — pleading stage; no merits ruling found;
    • Fujitsu (E.D. Tex. 2:18-cv-00270) — terminated (date not confirmed);
    • A10 Networks (N.D. Cal. 3:18-cv-06502) — dismissed-settled 2019-01-22;
    • Fortinet (N.D. Cal. 3:19-cv-00798) — closed 2019-08-09;
    • Citrix (N.D. Ga. 1:19-cv-03199) — voluntarily dismissed with prejudice 2019-10-15/2019-10-17.

Gaps and things I could not verify

  1. No live PACER pulls — docket details for KEMP and Fujitsu terminations, and the content of PTAB Paper 9 (2020-11-30), are unverified.
  2. IPR institution decision reasoning — I did not retrieve Paper 7's text, so I can't quote the Board's §325(d)/institution rationale.
  3. FWD opinion text — the specific claim-by-claim obviousness analysis in Paper 11 was not retrieved; the ground descriptions above are from the petition summary, not the decision.
  4. Whether any other IPRs/PGRs were filed against the sibling '837, '302, or '994 patents — Unified's PATROLL contest activity on '302 implies an invalidity effort, but I found no filed IPR on the siblings. This should be confirmed against the PTAB docket before relying on it.
  5. Actual settlement terms in the A10, Fortinet, Citrix, KEMP, and Fujitsu matters — none public.

Bottom line: the "litigation" was a short-lived 2018–2019 NPE settlement campaign in five districts that never got past pleadings; the case you asked about, IPR2020-00471, is the PTAB proceeding that finished the job — a 2021-03-18 Final Written Decision invalidating all of the '600 patent's challenged claims, with the certificate issuing 2021-10-12.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

I'll research the counsel of record for the petitioner/plaintiff side in this proceeding.

Let me find the petitioner's Power of Attorney (Paper 2) and confirm the designated counsel.

Let me try to locate the actual Power of Attorney filing (Paper 2) in this specific case.

Important framing point

The metadata in this case is a PTAB inter partes review, not a district‑court infringement suit. In this docket the party in the plaintiff/first‑listed position — the party that initiated the proceeding — is Petitioner Unified Patents, LLC (Unified Patents, LLC v. FireNet Technologies, LLC, IPR2020‑00471). The "patent infringement plaintiff" in the related district‑court campaign is FireNet Technologies, LLC (which is the Patent Owner/respondent here); that side was already covered in the "Defendant representatives" section, and I don't repeat it below.

So there are two ways to read "plaintiff," and I answer both:

  • (A) The plaintiff/initiating party in this proceeding — Petitioner Unified Patents → this is the substantive answer below.
  • (B) The plaintiff in the underlying infringement suits — FireNet → Kheyfits Belenky LLP (Dmitry A. Kheyfits, Andrey Belenky, Hanna G. Cohen); already set out in the prior section and not repeated.

(A) Counsel of record for the plaintiff/initiating party: Petitioner Unified Patents, LLC

Per Unified's own public case announcements, it was represented entirely by in‑house counsel in IPR2020‑00471:

Attorney Role Firm / Office Reg. No. Note
David C. Seastrunk In‑house counsel (designated trial counsel) Unified Patents, LLC — Chevy Chase, MD (4445 Willard Ave., Suite 600) / Washington, D.C. 73,723 Long‑time Unified in‑house PTAB attorney; argued for Unified as appellee before the Federal Circuit in a nonprecedential Rule 36 case (CAFC No. 22‑1524). Routinely named in Unified's press notes as counsel across its IPR portfolio.
Roshan S. Mansinghani In‑house counsel (designated trial counsel) Unified Patents, LLC — Chevy Chase, MD / Dallas, TX 62,429 Unified's most prolific in‑house PTAB practitioner; appears as lead or backup counsel in dozens of Unified IPRs (e.g., IPR2018‑00952, IPR2019‑00635, IPR2019‑01276, IPR2020‑00352, IPR2022‑00775). Senior legal executive at Unified.

Supporting source (direct): Unified Patents, "FireNet Technologies patent challenged as likely invalid" (Mar. 16, 2020) — "Unified is represented by in‑house counsel David Seastrunk and Roshan Mansinghani in this proceeding." — https://www.unifiedpatents.com/insights/2020/3/16/firenet-technologies-patent-challenged-as-likely-invalid ; and the companion announcement, "FireNet Technologies patent held unpatentable" (Mar. 18, 2021), repeating the same two in‑house counsel — https://www.unifiedpatents.com/insights/2021/3/18/firenet-technologies-patent-held-unpatentable.

Docket corroboration: PTAB E2E's docket (via Patexia) shows Paper 2 (Mar. 13, 2020), "Petitioner's Power of Attorney" — the filing that would formally designate lead and back‑up counsel under 37 C.F.R. § 42.10(b) — and Paper 10 (Mar. 15, 2021), "Petitioner's Updated Mandatory Notices" (37 C.F.R. § 42.8(b)(3)). Source: https://services.patexia.com/lawsuits/Unified-Patents-LLC-v-Firenet-Technologies-LLC-id-[133475](/patent/133475)/documents/sort_by/doc_number/sort_dir/asc

No outside counsel. This distinguishes IPR2020‑00471 from many Unified proceedings, where Unified retains outside firms (e.g., WilmerHale, Duane Morris, Allen & Overy, Erise IP, Haynes Boone, Perkins Coie). Here Unified's public notes and the absence of any outside‑firm appearance indicate it ran the petition in‑house only. There is no "local counsel" designation — the PTAB does not use the district‑court local‑counsel model.

Caveats / verification gaps

  • I could not retrieve the text of Paper 2 (Petitioner's Power of Attorney) or Paper 10 (Updated Mandatory Notices) directly. The PTAB E2E document endpoints and Docket Alarm were not reachable this session. The identification above therefore rests on Unified's own published statements plus the docket's document titles, not on a reading of the filed papers. I did not find any source naming a third attorney (or outside‑firm counsel) for Petitioner in this specific case, but I cannot rule one out from Paper 2 alone.
  • Lead vs. back‑up designation: Unified's announcements list both men but do not say which was formally designated lead counsel in this docket. By pattern across Unified's portfolio, Mansinghani and Seastrunk have rotated between lead and backup roles case‑by‑case; I cannot state their precise designations here without Paper 2.
  • Registration numbers: 73,723 (Seastrunk) and 62,429 (Mansinghani) come from other Unified filings and docket records; I did not re‑verify them against the USPTO practitioner register in this session, so treat them as very likely but not independently re‑checked.

Bottom line

The plaintiff/initiating party's counsel of record in IPR2020‑00471 is Unified Patents, LLC's in‑house team — David C. Seastrunk (Reg. 73,723) and Roshan S. Mansinghani (Reg. 62,429), both of Unified's Chevy Chase, MD office. No outside or local counsel appears. If by "plaintiff" you intended the district‑court infringement plaintiff, that is FireNet Technologies, and its counsel (Kheyfits Belenky LLP) is set out in the earlier section — do not conflate the two, since FireNet is the respondent/patent owner in this PTAB matter.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

I'll research the counsel of record for the patent owner (defendant) in this PTAB proceeding.

I found the docket. Now let me identify the specific attorneys from the Patent Owner's mandatory notices and power of attorney.

Let me try to locate the actual Patent Owner filings (Paper 4 and 5) and identify the attorneys.

Bottom line

This is a PTAB inter partes review, not a district court infringement action. There is no "defendant" in the Rule 12 sense — the responding party is the Patent Owner, FireNet Technologies, LLC, and "counsel of record" is established by the Patent Owner's Mandatory Notices (37 C.F.R. § 42.8(b)(3)) and Power of Attorney (37 C.F.R. § 42.10(b)) filed in the proceeding.

I could not retrieve the text of those two filings, and I want to flag that clearly rather than fill the gap with inference. The relevant docket entries are:

Paper Date Party Document
4 Jun 22, 2020 Patent Owner Patent Owner's Mandatory Notices
5 Jun 22, 2020 Patent Owner Power of Attorney for Patent Owner Firenet Technologies, LLC
6 Aug 26, 2020 Petitioner Joint Stipulation to Treat Ex. 1005 as a Declaration
7 Sep 1, 2020 Board Trial Instituted Document (institution on all challenged claims)
8 Sep 1, 2020 Board Scheduling Order
9 Nov 30, 2020 Board (Board order/decision)
10 Mar 15, 2021 Petitioner Petitioner's Updated Mandatory Notices
11 Mar 18, 2021 Board Final Written Decision / Termination Decision Document

Source: Patexia Research docket for IPR2020-00471, https://services.patexia.com/lawsuits/Unified-Patents-LLC-v-Firenet-Technologies-LLC-id-133475/documents (mirrors PTAB E2E).

Papers 4 and 5 are the only documents in the entire record that name FireNet's PTAB counsel, and they are not reproduced in any free public source I could reach (PTAB E2E's "download documents" endpoint and Docket Alarm were not accessible this session). I therefore cannot state the designated lead and back-up counsel in IPR2020-00471 with confidence. Anyone needing a verified answer should pull Papers 4 and 5 directly from PTAB E2E (Case IPR2020-00471) or the USPTO PTAB API.

What is well sourced: FireNet's litigation counsel

FireNet Technologies, LLC is an IP Investments Group affiliate (Exs. 1030–1032 in this IPR include the Georgia corporate filings for IP Investments Group, LLC and Intelleq Holdings, LLC). Across its parallel district court campaign, its attorneys of record were consistently from Kheyfits Belenky LLP:

Attorney Role / Firm Office Note
Dmitry A. Kheyfits Lead counsel (signed the complaints). Kheyfits Belenky LLP. Cal. Bar No. 321326 4 Embarcadero Center, Suite 1400, San Francisco; also Austin, TX FireNet's principal patent-enforcement attorney — signed FireNet v. Kemp Technologies, No. 1:18-cv-05564 (S.D.N.Y., filed June 20, 2018) and FireNet v. Fujitsu, No. 2:18-cv-00270 (E.D. Tex., filed July 5, 2018). Also represents other NPE plaintiffs (e.g., Complex Memory LLC v. Renesas; CommWorks Solutions v. Comcast), so he runs a plaintiff-side assertion practice rather than a defense-side one.
Andrey Belenky Counsel (name partner). Kheyfits Belenky LLP. N.Y. Bar No. 4524898 1140 Avenue of the Americas, 9th Fl. / later 80 Broad St., 5th Fl., New York Named alongside Kheyfits on the FireNet complaints and on the S.D.N.Y. docket for the Kemp case.
Hanna G. (Glomska) Cohen Counsel. Kheyfits Belenky LLP. N.Y. Bar No. 4471421 New York Third named FireNet attorney on both the Kemp and Fujitsu pleadings (as Hanna G. Cohen, hgcohen@kblit.com / hgcohen@kheyfits.com).

Sources: UniCourt docket summary and Justia docket for FireNet Technologies, LLC v. KEMP Technologies Inc., 1:18-cv-05564 (S.D.N.Y.), https://dockets.justia.com/docket/new-york/nysdce/1:2018cv05564/[496016](/patent/496016) (listing plaintiff attorneys Andrey Belenky, Hanna Glomska Cohen, Dmitry A. Kheyfits); FireNet's complaint signature blocks via RPX Insight, https://insight.rpxcorp.com/litigation_documents/[12977558](/patent/12977558) and https://insight.rpxcorp.com/litigation_documents/13035639.

Caveat: these are district court appearances. IPR counsel designations in this proceeding are not the same thing, and it is common — particularly for NPEs in the IP Investments Group model — to use the same small prosecution/litigation firm for the IPR. But I have not verified that here, and I will not assert it as fact. Firms that frequently appear as PTAB counsel for similarly-situated NPE patent owners include Brown Rudnick LLP and Neifeld IP Law, PC; I have no evidence tying either to this case and mention them only to illustrate why an unverified inference would be unsafe.

Petitioner's counsel (for completeness)

By contrast, this side is well documented — Unified Patents stated publicly that it was "represented by in-house counsel David Seastrunk and Roshan Mansinghani in this proceeding":

  • David Seastrunk — in-house, Unified Patents, LLC (Chevy Chase, MD); Reg. No. 73,723
  • Roshan Mansinghani — in-house, Unified Patents, LLC; Reg. No. 62,429

Source: Unified Patents, "FireNet Technologies patent challenged as likely invalid" (Mar. 16, 2020), https://www.unifiedpatents.com/insights/2020/3/16/firenet-technologies-patent-challenged-as-likely-invalid, and "FireNet Technologies patent held unpatentable" (Mar. 18, 2021), https://www.unifiedpatents.com/insights/2021/3/18/firenet-technologies-patent-held-unpatentable.

Procedural note worth carrying forward

The docket shows no Patent Owner Preliminary Response and no Patent Owner Response. FireNet filed only mandatory notices and a power of attorney (June 22, 2020) and then nothing substantive. Trial was instituted Sept. 1, 2020 on all challenged claims, and the proceeding was terminated March 18, 2021 — the Board's Paper 11 is docketed as a "Termination Decision Document" and Unified characterizes it as a final written decision holding all of claims 1–17 and 19–23 unpatentable. The absence of any PO merits briefing is consistent with a request for adverse judgment or a statutory disclaimer rather than a contested merits decision, though the docket entries alone do not confirm which. This matters for the downstream litigation — e.g., the '600 patent's role as Count IV in FireNet v. Kemp and in FireNet v. Fujitsu (E.D. Tex.) — but it also means counsel's role here was essentially nominal.

Confidence statement

  • Verified: FireNet's district court counsel of record (Kheyfits, Belenky, Cohen — Kheyfits Belenky LLP); Petitioner's counsel (Seastrunk, Mansinghani — Unified in-house); the docket constitution and outcome.
  • Not verified: the identity of the lead and back-up counsel formally designated in IPR2020-00471. I found no sealed filings indicating confidentiality, but Papers 4 and 5 were simply unavailable in the sources I could reach. Do not treat the Kheyfits Belenky names as PTAB counsel of record in this IPR without checking the papers themselves.