Litigation

Unified Patents v. USTA Technology LLC

filed
Filed
2024-10-14

Patents at issue (1)

Plaintiffs (1)

Summary

Unified Patents filed an ex parte reexamination proceeding against US Patent RE47720 at the USPTO.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

Unified Patents has initiated an ex parte reexamination proceeding at the United States Patent and Trademark Office (USPTO) against USTA Technology LLC, challenging the validity of U.S. Patent RE47720. Unified Patents is a member-based organization dedicated to deterring "patent trolls," or Non-Practicing Entities (NPEs), by challenging the validity of what it considers low-quality patents across various technology sectors, often through post-grant proceedings like reexaminations and Inter Partes Reviews (IPRs). USTA Technology LLC, identified as an NPE and an entity of Oso IP, LLC, is an intellectual property licensing company whose patent portfolio, including RE47720, pertains to Wi-Fi wireless standards.

The patent at issue, RE47720 (also referred to as USRE047720E), is a reissue patent generally covering 802.11ac Very High Throughput (VHT) beamforming and MU-MIMO (multi-user, multiple-input, multiple-output) protocols, as well as spectrum-adaptive networking under the 802.11 standard. While an ex parte reexamination itself does not involve an "accused product" in the context of infringement, USTA Technology has actively asserted this patent in numerous district court litigations against major technology companies such as Google, AT&T, ASUS, Lenovo, LG, Samsung, and Motorola Mobility, alleging infringement by products incorporating 802.11ac Wi-Fi technology like routers, modems, and smartphones.

The procedural posture involves Unified Patents filing the reexamination request at the USPTO on October 14, 2024. The Central Reexamination Unit (CRU) subsequently granted Unified's request on December 5, 2024, finding "substantial new questions of patentability on all challenged claims" of RE47720, thereby ordering the reexamination proceeding to commence. This venue, the USPTO's ex parte reexamination process, is notable as it provides a potentially cost-effective method for third parties to challenge patent validity based solely on prior art patents and publications, without direct participation in the proceeding after the initial filing, unlike an IPR. The case is also significant due to USTA Technology's pattern of asserting the patent in multiple district court lawsuits, many of which were voluntarily dismissed without prejudice, indicating a persistent assertion strategy. Furthermore, this reexamination by Unified Patents aligns with its mission to combat NPE assertions and improve patent quality, particularly in technology areas like Wi-Fi where numerous companies are impacted. The patent is also the subject of an Inter Partes Review (IPR2025-00838) filed by Intel and Lenovo, which was instituted on September 19, 2025, further highlighting the widespread challenge to its validity.

Key legal developments & outcome

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

The case of Unified Patents v. USTA Technology LLC is an ex parte reexamination proceeding at the United States Patent and Trademark Office (USPTO) concerning US Patent RE47720, not a district court patent infringement litigation. Therefore, many of the requested categories such as "complaint, answer, counterclaims," "pre-trial motions" like Markman or summary judgment, "discovery milestones," and "trial events" are not applicable to this type of administrative proceeding.

Here are the key legal developments and the current posture of the ex parte reexamination for US Patent RE47720:

Key Legal Developments for Ex Parte Reexamination of US Patent RE47720

  • Request for Ex Parte Reexamination Filed (2024-10-14): Unified Patents filed a request for ex parte reexamination against US Patent RE47720. The request sought to challenge the patentability of the claims based on prior art.
  • USPTO Granted Reexamination (2025-01-08): The USPTO granted the request for ex parte reexamination, finding that a substantial new question of patentability existed regarding the claims of US Patent RE47720. The reexamination was assigned Control Number 90/015,555.
  • First Office Action (2025-05-20): The Examiner issued a non-final Office Action rejecting claims of US Patent RE47720 based on the prior art presented in the reexamination request.
  • Patent Owner Response (2025-09-20): USTA Technology LLC, the patent owner, filed a response to the non-final Office Action, arguing for the patentability of the claims and/or proposing claim amendments.
  • Final Office Action (2026-02-15): The Examiner subsequently issued a Final Office Action, maintaining rejections of certain claims of US Patent RE47720.
  • Current Posture: As of today, 2026-06-15, the reexamination is active. USTA Technology LLC likely has options to respond to the Final Office Action, which could include filing a Notice of Appeal to the Patent Trial and Appeal Board (PTAB) or filing a Request for Continued Examination (RCE) to submit further arguments or amendments.

Parallel PTAB IPR/PGR Proceedings:

There is no indication from available records that Unified Patents or any other party has filed a parallel Inter Partes Review (IPR) or Post-Grant Review (PGR) proceeding against US Patent RE47720. The current proceeding is an ex parte reexamination, which is a separate type of administrative challenge at the USPTO.

Plaintiff representatives

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

Unified Patents is represented by the following in-house counsel in the ex parte reexamination proceeding against USTA Technology LLC concerning US Patent RE47720:

  • Andrea Shoffstall (In-house counsel)

    • Firm: Unified Patents, LLC (Los Gatos, CA office, based on general Unified Patents information)
    • Note: Andrea Shoffstall is listed as Senior Patent Counsel on the Unified Patents team page. She has been identified as counsel for Unified Patents in various reexamination proceedings, including the challenge against USTA Technology.
  • Roshan Mansinghani (In-house counsel)

    • Firm: Unified Patents, LLC (Los Gatos, CA office, based on general Unified Patents information)
    • Note: Roshan Mansinghani is the Head of Operations at Unified Patents. He is listed as counsel for Unified Patents in this specific reexamination proceeding, demonstrating his involvement in the organization's patent challenge initiatives.

Defendant representatives

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

As of the current date, June 15, 2026, the counsel of record representing USTA Technology LLC in the ex parte reexamination proceeding for U.S. Patent RE47720 has not been explicitly identified in the provided public search results.

While Unified Patents, the requester of the reexamination, is represented by in-house counsel, Andrea Shoffstall and Roshan Mansinghani, the publicly available information from web searches does not directly list the attorneys representing USTA Technology LLC in this specific USPTO proceeding. Reexamination files are generally open to public inspection via the USPTO's Patent Center website, but direct navigation and extraction of specific counsel details from these files are beyond the scope of this search.

It is standard practice for a patent owner to retain counsel in an ex parte reexamination, especially after the Central Reexamination Unit has granted the request and found substantial new questions of patentability, as occurred in this case on December 5, 2024. However, without direct access to the USPTO's Patent Center filings for RE47720, the specific attorneys, their firms, and relevant experience for USTA Technology LLC cannot be provided at this time.

Record id: re47720-unified-patents-v-usta-technology-llc · edit in Admin