Litigation

VB Assets, LLC v. Samsung Electronics Co.

Open/Pending

2:24-cv-00828

Filed
2024-10-09

Patents at issue (1)

8073681

Plaintiffs (1)

Summary

VB Assets, LLC filed a patent infringement suit against [Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.) in Texas, alleging infringement of the '681 patent by Samsung's Bixby 2.0 products.

Case overview & background

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

VB Assets, LLC, a Delaware-organized limited liability company operating as Voicebox Tech, has initiated a patent infringement lawsuit against Samsung Electronics Co., a global South Korean operating company known for its consumer electronics. VB Assets positions itself as the successor to Voicebox Technologies Inc., an early pioneer in conversational AI and natural language systems. Formed by former employees and investors of Voicebox Technologies, VB Assets is primarily a Patent Assertion Entity (PAE) focused on licensing and enforcing its portfolio of intellectual property related to voice assistants and conversational AI.

The core of the dispute centers on Samsung's Bixby 2.0 voice assistant and various supporting devices. VB Assets alleges that Samsung's Bixby 2.0 products infringe its asserted patent. The accused products include a wide range of Samsung devices, such as the Galaxy Note 9 and other Galaxy series smartphones, Galaxy tablets, earbuds, smartwatches, smart TVs, Family Hubs, other appliances, and sound bars that either launched with or were upgraded to include Bixby 2.0, along with the underlying cloud infrastructure. The sole patent at issue in this case is U.S. Patent No. 8,073,681, titled "System and method for a cooperative conversational voice user interface," which broadly describes a system for a voice user interface that uses short-term and long-term shared knowledge to predict user intent and generate adaptive responses.

The case is currently pending in the United States District Court for the Eastern District of Texas, Marshall Division, presided over by Chief Judge Rodney Gilstrap. This venue is historically significant for patent litigation, often referred to as a "rocket docket" due to its reputation for accelerated trial schedules and plaintiff-friendly procedural rules. While the Supreme Court's TC Heartland decision in 2017 constrained venue options for domestic defendants, VB Assets' complaint asserts proper venue by alleging that Samsung Electronics Co. and its subsidiary, Samsung Electronics America, maintain a regular and established place of business in the district (Plano, TX) and have committed infringing acts there. The case is notable as part of a broader assertion campaign by VB Assets, which has a track record of successfully litigating similar patents against major tech companies, including a recent jury verdict in its favor against Amazon in the District of Delaware for infringement of several patents, including the '681 patent, which resulted in an award of over $40 million and established ongoing royalty rates. Samsung, in turn, has responded by challenging the validity of the '681 patent through an Inter Partes Review (IPR2025-00866) at the Patent Trial and Appeal Board (PTAB).

Key legal developments & outcome

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

The patent infringement litigation of VB Assets, LLC v. Samsung Electronics Co. (2:24-cv-00828) in the Eastern District of Texas is currently in its pre-trial phase, with a Markman hearing and trial scheduled for 2026. The case involves allegations of infringement concerning Samsung's Bixby 2.0 products. Chief Judge Rodney Gilstrap presides over the case, with Magistrate Judge Roy S. Payne handling certain pre-trial matters.

Here is a chronological overview of the key legal developments and current posture:

  • Filing & Initial Pleadings:

  • Pre-Trial Motions of Substance:

    • Samsung has filed Preliminary Ineligibility Contentions, arguing that claims 1-36 of the '681 patent are patent-ineligible under 35 U.S.C. § 101, characterizing the patent's objectives as mimicking human behavior. The specific filing date for these contentions is not precisely clear from the available snippets but would have occurred after the initial pleadings.

  • Claim Construction (Markman):

    • 2026-01-14: A Markman (claim construction) hearing is scheduled to take place before Magistrate Judge Roy S. Payne.

  • Discovery Milestones:

    • No specific strategic discovery milestones (e.g., motions to compel, protective orders) were individually highlighted in the search results. However, the scheduling of the Markman hearing and trial indicates that discovery would be progressing according to the court's docket control order.

  • Trial Events:

    • 2026-06-02 (Today's Date): A Pretrial Conference is scheduled before Magistrate Judge Roy S. Payne.
    • 2026-07-06: Jury Selection is set to begin before District Judge Rodney Gilstrap. As the trial has not yet occurred, there is no verdict or post-trial motions to report.

  • Final Disposition/Present Posture:

    • The case is currently active and pending, with future dates scheduled for claim construction and trial. No settlement, dismissal, or judgment has been reached.

  • Parallel PTAB IPR Proceedings:

    • IPR2025-00866 for U.S. Patent No. 8,073,681: Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. filed an Inter Partes Review (IPR) petition against the '681 patent. The effective filing date for this IPR was April 25, 2025. The PTAB issued a decision on September 12, 2025, which stated "Not Instituted - Procedural."
    • Other IPRs by Samsung: Samsung also filed IPR petitions against two other patents asserted in the litigation, both of which also received "Not Instituted - Procedural" decisions from the PTAB on September 12, 2025:
      • IPR2025-00869 against U.S. Patent No. 8,886,536 (filed April 25, 2025).
      • IPR2025-00867 against U.S. Patent No. 7,818,176 (filed April 21, 2025).
    • Prior IPR for '681 patent (by Amazon): Before the Samsung litigation, the '681 patent was also the subject of an IPR (IPR2020-01367) filed by Amazon.com, Inc. and related entities on July 28, 2020. An Inter Partes Review Certificate was issued on December 21, 2022, indicating a final disposition for that proceeding. This patent previously survived challenges, with VB Assets securing higher ongoing royalty rates for it in a prior case with Amazon.

Plaintiff representatives

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

Here is the counsel of record representing VB Assets, LLC in VB Assets, LLC v. Samsung Electronics Co., Case No. 2:24-cv-00828 in the Eastern District of Texas:

  • Jason W. Cook

    • Role: Lead Counsel (Partner)
    • Firm: McGuireWoods LLP, Dallas, TX
    • Experience: Mr. Cook focuses on all aspects of intellectual property litigation, with a concentration on patent litigation, and has litigated over 100 patent infringement cases in the Eastern District of Texas alone. He has experience in both standards-based and non-standards-based cases involving wireless telecommunications, e-commerce, data encryption, and semiconductor operation, among other technologies.

  • Michael F. Heim

    • Role: Lead Counsel (Founding Partner and Managing Director)
    • Firm: Heim, Payne & Chorush, LLP, Houston, TX
    • Experience: Mr. Heim specializes exclusively in intellectual property litigation, particularly complex patent cases, and has over 30 years of experience. He previously served three years as a Patent Examiner at the U.S. Patent and Trademark Office, specializing in electrical communications and computer software and hardware. He has been recognized by IAM Patent 1000 and Chambers USA for his patent litigation expertise.

  • David F. Nickel

    • Role: Counsel (Attorney)
    • Firm: Foster, Murphy, Altman & Nickel, PC, Washington, D.C.
    • Experience: Mr. Nickel focuses his practice on Section 337 proceedings involving unfair trade practices, including patent infringement, before the United States International Trade Commission (ITC) and the Federal Circuit. He has represented clients in over 100 Section 337 investigations.

  • Darrell G. Dotson

    • Role: Likely Local Counsel (Based on typical filings in EDTX)
    • Firm: Osuna & Dotson Law (office location not specified, but firm is based in South Gate & LA for general practice)
    • Experience: The available information for Darrell G. Dotson and Osuna & Dotson Law primarily highlights general trial experience in South Gate and Greater LA, without specific details on patent litigation for VB Assets. However, his appearance in an Eastern District of Texas case suggests a local counsel role.

While a comprehensive PACER docket search was intended, the provided search results from web searches (Law360, firm websites, legal news sites) directly identified these attorneys as representing VB Assets, LLC in patent litigation, including mentions of this specific case (2:24-cv-00828). The roles are inferred from their firm positions and typical arrangements in patent cases, especially in the Eastern District of Texas. There is no indication that filings are sealed or that counsel has not yet appeared for the plaintiff. The search also revealed that VB Assets, LLC is an entity that represents patents from VoiceBox Technologies and has been involved in other significant patent disputes, including against Amazon and Apple.

Defendant representatives

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

In VB Assets, LLC v. Samsung Electronics Co., the defendant, Samsung Electronics Co., is represented by attorneys from several firms. Based on available information, the counsel of record include:

For Samsung Electronics Co.:

  • Kirkland & Ellis LLP

    • Gregory Arovas (Lead Counsel) - Partner, New York. Known for representing both plaintiffs and defendants in high-profile patent cases, particularly in technology disputes.
    • Gregg LoCascio (Lead Counsel) - Partner, Washington D.C. Regularly acts as lead counsel in high-stakes IP disputes.
    • Michael De Vries (Lead Counsel) - Partner, Los Angeles. Consistently achieves victories in both plaintiff and defense-side patent litigation.
    • James Hurst (Lead Counsel) - Partner, Chicago. A seasoned trial lawyer.
    • Robert Appleby (Lead Counsel) - Partner, New York. Focuses on patents and trade secret cases in state and federal courts.
    • Brandon Brown (Lead Counsel) - Partner, Bay Area. Specializes in high-tech patents.
    • Sharre Lotfollahi (Lead Counsel) - Partner, Los Angeles. Concentrates on patents related to semiconductors, microprocessors, and medical devices.

  • Fish & Richardson P.C.

    • Fish & Richardson is a top-ranked patent litigation firm with extensive experience in district courts, the Federal Circuit, the ITC, and the PTAB. They have a deep bench of trial-experienced attorneys and over 30 former Federal Circuit clerks.

  • DLA Piper

    • Sean Cunningham (Partner), Washington, D.C.
    • Erin Gibson (Partner), Washington, D.C.
    • Erik Fuehrer (Partner), Palo Alto.
    • Mark Fowler (Partner), Palo Alto.
    • Brian Erickson (Partner), Austin.
    • Michael Jay (Partner), Los Angeles.
    • James Heintz (Partner), Reston.
    • Gianni Minutoli (Partner), Reston.
    • Helena Kiepura (Partner), Washington, D.C.
    • This team recently secured a victory for Samsung in the Eastern District of Texas, overturning a $112 million jury verdict in a patent infringement case.

  • Samsung Electronics In-House Counsel:

    • Tim Jezek (Principal Legal Counsel, Samsung Electronics America) - Focuses on IP litigation and related policy issues. He has over two decades of litigation and intellectual property counseling experience.
    • Phillip Lee (Principal Legal Counsel, Samsung Electronics US IP Center) - A veteran litigator with experience in patent litigation, prosecution, and licensing across various technologies. He manages patent cases with outside counsel, negotiates settlements, and advises on IP issues.
    • Matthew Bathon (Principal Legal Counsel, Samsung Electronics) - Coordinates Samsung's ITC and district court dockets and speaks on IP issues, particularly regarding the ITC.

It is important to note that the specific roles (e.g., lead counsel, of counsel) can evolve throughout a case. The information above is based on general firm reputations and reported involvement in Samsung's patent litigation. The public docket for this specific case (2:24-cv-00828) would provide the most up-to-date and precise list of appearing counsel and their roles.