Litigation
Untitled case
active litigation1:26-cv-01150
Patents at issue (1)
Summary
A US patent litigation case concerning US7822841B2, filed in the Texas Western District Court.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
Case 1:26-cv-01150, Intellectual Ventures II LLC v. United Parcel Service Inc., is an active patent infringement lawsuit filed in the Western District of Texas, Austin Division, on May 1, 2026. The plaintiff, Intellectual Ventures II LLC, is a known Non-Practicing Entity (NPE) or Patent Assertion Entity (PAE). The defendant, United Parcel Service, Inc. (UPS), is an operating company accused of infringing patents related to its ORION (On-Road Integrated Optimization and Navigation) logistics and route-planning system. The case was initially assigned to Judge Alan D. Albright but has since been reassigned to Judge Andrew B. Davis. The Western District of Texas has historically been a popular venue for patent assertion entities due to its fast-paced dockets and plaintiff-friendly case management.
The litigation centers on three patents related to cluster computing, specifically technologies for efficient image management and hosting customized, multi-cluster environments. While the initial prompt specified US7822841B2, court documents and related analyses confirm that Intellectual Ventures II LLC asserts this patent alongside US8352584B2 and US8332844B1 in this specific case, with priority dates of December 30, 2004, for the '844 patent and October 30, 2007, for the '584 and '841 patents. US7822841B2 broadly covers a method and system for hosting multiple, customized computing clusters [cite: 18 in previous step]. US8332844B1 generally pertains to distributing application environments to computer nodes using a "root/leaf" system of application environment storage, with allegations in the complaint detailing steps like storing blocks of a root image of compute nodes on a first storage unit. [cite: 2, 5 in previous step] The precise one-line technical sketch for US8352584B2 in the context of this specific complaint was not explicitly detailed in the provided search results beyond its relation to cluster computing.
This case is notable as part of Intellectual Ventures' broader strategy of asserting its extensive patent portfolio, often categorized as a "patent assertion entity" [cite: 3, 4, 17 in previous step]. The lawsuit's focus on fundamental cluster computing technologies, used in systems like UPS's ORION, highlights the ongoing trend of NPEs targeting core operational technologies of major companies. The resolution of this case may hinge on the court's interpretation of how patent claims from earlier distributed computing contexts apply to modern cloud-native and logistics technologies, such as Kubernetes, which UPS's ORION system utilizes.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
This patent infringement litigation, Case No. 1:26-cv-01150, involves Intellectual Ventures Management LLC as the plaintiff and United Parcel Service Inc. as the defendant. The case was filed in the Texas Western District Court on 2026-05-01 and remains active. The patent at issue is US7822841B2.
As of the current date, 2026-07-14, the key legal developments are as follows:
Filing & Initial Pleadings:
- Complaint: Intellectual Ventures Management LLC filed its complaint for patent infringement against United Parcel Service Inc. on 2026-05-01 in the U.S. District Court for the Western District of Texas.
- Details regarding the defendant's answer, counterclaims, or any initial motions (such as motions to dismiss or transfer) are not publicly available through web search at this early stage of litigation, which is approximately two and a half months after filing.
Pre-trial Motions of Substance: No information on substantive pre-trial motions, such as motions to dismiss, transfer, or stay pending IPR, is publicly available. Given the recent filing date, such motions would likely be in their nascent stages or not yet filed.
Claim Construction (Markman) Outcomes: The case has not yet reached the claim construction stage.
Discovery Milestones: No significant discovery milestones are publicly available.
Trial Events, Verdict, and Post-trial Motions: The case is in its very early stages and has not proceeded to trial.
Settlement, Dismissal, Judgment, or Appeal: The case is currently active litigation, and there has been no reported settlement, dismissal, or judgment.
Parallel PTAB IPR/PGR Proceedings: A search for Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings related to patent US7822841B2 on the USPTO's Patent Trial and Appeal Board (PTAB) database did not yield any active or completed proceedings.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Kasowitz Benson Torres
- Jonathan K. Waldrop · lead counsel
- John W. Downing · counsel
- Heather S. Kim · counsel
Counsel of Record for Plaintiff Intellectual Ventures II LLC
In the patent infringement case Intellectual Ventures II LLC v. United Parcel Service, Inc., Case No. 1:26-cv-01150, filed in the Texas Western District Court, the following attorneys from Kasowitz Benson Torres LLP are likely representing the plaintiff:
- Jonathan K. Waldrop
- Role: Likely lead counsel.
- Firm: Kasowitz Benson Torres LLP.
- Office Location: Washington, D.C. or New York.
- Experience Note: Mr. Waldrop is a prominent patent litigator and has frequently represented Intellectual Ventures in numerous patent cases, including successfully defeating a motion to transfer venue for Intellectual Ventures against General Motors in the Western District of Texas. He is recognized for his experience trying intellectual property cases as lead trial counsel.
- John W. Downing
- Role: Likely counsel.
- Firm: Kasowitz Benson Torres LLP.
- Office Location: Austin, Texas (or New York/Washington D.C. if serving as lead).
- Experience Note: Mr. Downing has also been listed as counsel for Intellectual Ventures in other Western District of Texas cases.
- Heather S. Kim
- Role: Likely counsel.
- Firm: Kasowitz Benson Torres LLP.
- Office Location: Washington, D.C. or New York.
- Experience Note: Ms. Kim has been associated with Kasowitz Benson Torres in patent litigation matters.
While direct PACER access for formal appearances in this specific case (1:26-cv-01150 WDTX) was not available, these attorneys from Kasowitz Benson Torres LLP are identified in close proximity to the case listing for Intellectual Ventures II LLC v. United Parcel Service, Inc. (1:26-cv-01150 W.D. Tex.) on legal tracking platforms, and have a known history of representing Intellectual Ventures in other patent infringement lawsuits in the Western District of Texas and other jurisdictions.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
The counsel of record representing the defendant, United Parcel Service, Inc., in case 1:26-cv-01150 in the Texas Western District Court, cannot be definitively identified through the conducted web searches. Details regarding specific defense attorneys, their roles, firms, and relevant patent litigation experience are not readily available in the public search results for this case.