Litigation

VideoLabs v. Apple

Patents at issue (1)

Plaintiffs (1)

Defendants (1)

Summary

Unified Patents states that RE43113 has been asserted against Apple by VideoLabs, but the case number, filing date, jurisdiction, and status were not confirmed.

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 to build a verified overview.

Now let me dig into the specific VideoLabs-Apple cases and the RE43113 patent.

Key finding: the confirmed N.D. Cal. case asserted the '794 and '535 patents, not RE43113. Let me run down where RE43113 was asserted against Apple specifically, and the patent's provenance.

Key legal developments & outcome

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

I'll research this case systematically. Let me start with several searches.

I found important context. Note a key discrepancy: case 3:23-cv-01307 asserted US 8,605,794 and 7,525,535 — not RE43113. Let me dig into the RE43113 assertion specifically.

Threshold caveat: the patent/case mismatch

Before the timeline, one issue must be flagged because it materially affects the analysis. The patent in the case metadata (RE43113) does not appear in the confirmed VideoLabs v. Apple complaint, and I could not verify an Apple case pleading RE43113.

  • The only well-documented VideoLabs v. Apple action is VideoLabs, Inc. et al. v. Apple Inc., No. 3:23-cv-01307 (N.D. Cal.), filed 2023-03-21. Its complaint asserts U.S. Patent Nos. 8,605,794 and 7,525,535 — not RE43113. (Complaint text: "to stop Apple's willful infringement of U.S. Patent Nos. 8,605,794 and 7,525,535 (collectively, 'patents-in-suit').")
  • RE43113 ("Domain-based management of distribution of digital content") was asserted against Roku, not (on the record I could confirm) Apple — in VideoLabs, Inc. v. Roku, Inc., No. 1:23-cv-01136 (D. Del., filed 2023-10-11), where RE43,113 appears as Exhibit 4 / the "'113 patent" in the asserted set.
  • Unified Patents' Patroll page states RE43113 "has been asserted against Roku and Apple, a[nd] …" (Patroll contest page). The Roku half is confirmed; the Apple half is not corroborated by any complaint I could locate. This is likely the origin of the "unconfirmed" note in the prior summary.

Because the case metadata is authoritative but the patent identification is internally inconsistent, I have written the timeline around the confirmed VideoLabs v. Apple litigation and then covered the RE43113 track (Roku + PTAB + Unified Patents) separately. Where a fact is unverified, I say so.


A. VideoLabs v. Apple, No. 3:23-cv-01307 (N.D. Cal.) — the confirmed Apple litigation

Parties / counsel (from the docket):

  • Plaintiffs: VideoLabs, Inc. and VL Collective IP LLC (VideoLabs + subsidiary), Palo Alto, CA. Counsel: Reichman Jorgensen Lehman & Feldberg LLP — Christine E. Lehman, Courtland L. Reichman, Jaime F. Cardenas-Navia, Jennifer Prieb Estremera.
  • Defendant: Apple Inc. Counsel: DLA Piper US LLP — Erin Paige Gibson, Robert Chen Williams, Jessica Lea Hannah, Nandan R. Padmanabhan, Robert Buergi; pro hac vice admissions for Claire E. Schuster and Ankur V. Desai.
  • Court: N.D. Cal., Oakland Division. Initially assigned to Judge Vince Chhabria (PHV orders issued under his name), later carried under Judge Araceli Martinez-Olguin (the dismissal order is signed by her).

Chronology:

Date Event
2023-03-21 Complaint for patent infringement filed (jury demand); patents-in-suit '794 and '535. (Docket Report to Commissioner in the parallel Roku case lists the same two patents.)
2023-03-29 Apple served (summons returned executed 2023-04-05; answer due 2023-04-19).
2023-03-29 PHV orders granting Christine Lehman (Dkt. 15) and Jaime Cardenas-Navia (Dkt. 14).
2023-04-17 Clerk's notice resetting the Initial Case Management Conference; Joint CMS due 2023-06-16; CMC set 2023-06-23.
2023-04-18 Apple files stipulation to extend time to respond (Dkt. 19) and notices of appearance (Gibson, Hannah, Williams, Padmanabhan, Buergi).
2023-05-08 PHV orders granting Claire Schuster (Dkt. 25) and Ankur Desai (Dkt. 26).
2023-06-20 Docket No. 34 entered (contents not verified; falls near the CMC window).
2023-10-03 / 2023-10-06 Joint Stipulation of Dismissal: all claims dismissed with prejudice; each party bears its own fees, costs, and expenses. "So ordered" by Judge Martinez-Olguin on 2023-10-06 (Dkt. 42). Case terminated 2023-10-06 (flags ADRMOP, AO279, CLOSED).

Substantive merits developments: none reached.

  • No motion to dismiss, transfer (§1404/1406), or stay pending IPR appears on the confirmed docket.
  • No Markman/claim construction, no scheduling order reaching expert discovery, no summary judgment, and no trial.
  • No answer/counterclaims on the verified docket — Apple's response was superseded by the stipulated dismissal.
  • Lifecycle ≈ 199 days from filing to dismissal.

Early strategic facts alleged in the complaint (pre-suit): VideoLabs alleges a pre-suit licensing campaign, including a 2022-02-18 video conference presenting infringement contentions to Apple, and a dispute over Apple's preferred NDA language that would have barred VideoLabs from using Apple's communications as notice of knowledge/willfulness. That correspondence history is the type of material that would have driven discovery had the case proceeded.

Disposition: Dismissed with prejudice by stipulation (2023-10-06) — no liability finding, no validity ruling, no fee award, and no appeal (a stipulated voluntary dismissal with prejudice is generally not appealable). The dismissal is case- and patent-specific to Apple; it does not adjudicate the '794/'535 claims' validity against anyone else.

Caution on secondary sources: The PatSnap summary of this case contains errors (e.g., it labels the presiding judge as "California Eastern District"; Judge Martinez-Olguin sits in N.D. Cal.). Treat its narrative as AI-generated and rely on the docket entries above.


B. The RE43113 track (the nominal patent at issue)

Because RE43113 is not in the Apple complaint, its real litigation history is in the Roku action and the PTAB:

VideoLabs, Inc. et al. v. Roku, Inc., No. 1:23-cv-01136 (D. Del.)

  • Filed 2023-10-11; assigned to Judge Joel H. Slomsky. Asserted portfolio included U.S. RE43,113 alongside 7,440,559 ('559), 8,605,794 ('794), 7,233,790 ('790), 8,291,236 ('236), 8,667,304 ('304), 7,769,238 ('238), and 7,970,059 ('059). The '113 patent appears as Exhibit 4 to the complaint.
  • Roku filed a motion to stay pending IPR (opening brief Dkt. 37, 2024-07-18). The docket record references an "Order Granting Motion to Stay" (submitted as Petitioner Exhibit 1013 in Roku's later IPRs), i.e., the D. Del. case was stayed.
  • Roku then filed a wave of IPRs on the sibling patents: IPR2024-01024 and IPR2024-01026 ('236), IPR2025-00071 ('559), IPR2025-00072 ('790). These were resolved by settlement — e.g., IPR2024-01026 terminated after institution on 2025-01-21; IPR2025-00071/00072 terminated-settled around March–April 2025. That pattern strongly suggests a global VideoLabs–Roku settlement in early 2025.

Related VideoLabs campaigns over the same portfolio:

  • VideoLabs v. Netflix, No. 1:22-cv-00229 (D. Del.), with Netflix IPR2023-00628 on '790 (Final Written Decision, Paper 42).
  • Starz Entertainment v. VL Collective IP, No. 1:21-cv-1448 (D. Del.), which produced a claim construction order (referenced as an exhibit in Roku's IPRs).
  • Ex parte reexam No. 90/015,063 on '790.

Unified Patents (defensive, not PTAB):

  • Patroll contest on RE43113 (claim 1) ran 2023-10-26 to 2023-12-31 (prize $2,000); winning prior art announced via Unified's insight post dated 2024-03-01. This is a crowdsourced prior-art contest, not an IPR.

PTAB on RE43113 specifically: I found no verified IPR/PGR or ex parte reexam directed at RE43113 itself. Given the settlement-driven termination of the Roku IPRs, any RE43113 challenge would most likely have been contemplated but not (on the accessible record) instituted.


C. Present posture / bottom line

  • VideoLabs v. Apple (N.D. Cal. 3:23-cv-01307) — closed; dismissed with prejudice by joint stipulation on 2023-10-06. No motion practice of substance, no claim construction, no trial, no fees, no appeal. Present posture: inactive/closed; re-assertion of the '794/'535 claims against Apple would be barred by the with-prejudice dismissal, and a new assertion against Apple would require different patents or claims.
  • RE43113 — not pleaded against Apple in any complaint I could verify; asserted against Roku in 1:23-cv-01136 (D. Del.), where the district court stayed the case pending IPR and the parallel IPRs settled in early 2025.
  • Patent-level effect: the Apple dismissal did not invalidate anything; VideoLabs' portfolio (including RE43113) remains live and has been asserted against other consumer-electronics defendants.

Open items I could not verify (flagging honestly): (1) the contents of Docket No. 34 in the N.D. Cal. case; (2) whether any Apple complaint ever pleaded RE43113 (Unified Patents says yes, the record I found says no); (3) whether any PTAB proceeding specifically targeted RE43113. I hit a search-step limit before exhausting these; PACER for 3:23-cv-01307 and PTAB PTABTS for "RE43113" would resolve (1)–(3).

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 plaintiff in this case. Let me start with targeted searches.

The confirmed N.D. Cal. case (3:23-cv-01307) involved the '794 and '535 patents — not RE43113. Let me locate the actual RE43113 assertion against Apple.

Roku is confirmed for RE43113. Now I need to pin down where RE43113 was asserted against Apple. Let me search more specifically.

Threshold issue — flagging a case/patent mismatch before answering

The task asks for plaintiff's counsel in "VideoLabs v. Apple" with RE43113 at issue. Based on my research, that framing conflicts with the confirmed docket:

  • The docketed VideoLabs, Inc. et al. v. Apple Inc. case is N.D. Cal. No. 3:23-cv-01307, filed March 21, 2023 (Judge Vince Chhabria). Its complaint asserts U.S. Patent Nos. 8,605,794 (the '794 patent) and 7,525,535 (the '535 patent) — not RE43113. (Justia docket; complaint PDF)
  • RE43113 ("Domain-based Management of Distribution of Digital Content") was asserted by VideoLabs (with VL Collective IP LLC) against Roku in D. Del. No. 1:23-cv-01136 (filed Oct. 11, 2023), alongside '794 and several other patents. (Justia docket)
  • Unified Patents' prior-art contest page (Oct. 2023) states RE43113 "has been asserted against Roku and Apple," but I could not confirm a separately docketed Apple case asserting RE43113, nor an amended Apple complaint adding it. (Unified Patents Patroll)

So there is a real, verified VideoLabs-v.-Apple counsel team, but it is the team for the '794/'535 action. I report that below, plus the RE43113-side representation, and I flag what remains unconfirmed. I was not able to hit PACER directly; the docket facts below come from PACER-mirroring services (Justia, Docket Alarm) and aggregator/firm sources.


Plaintiff's counsel of record — VideoLabs, Inc. and VL Collective IP LLC (N.D. Cal. 3:23-cv-01307)

All four identified attorneys are from Reichman Jorgensen Lehman & Feldberg LLP (the firm now styles itself "Reichman Jorgensen Lehman Feldberg LLP"). PatSnap's litigation module lists this as the sole plaintiff-side firm; the docket confirms the individual appearances below.(PatSnap Eureka litigation summary)

Attorney Role Firm / office Docket basis Note on experience
Courtland L. Reichman Lead / trial counsel (firm founding partner); signed the plaintiffs' corporate-disclosure filing Reichman Jorgensen Lehman & Feldberg LLP — Silicon Valley HQ (Redwood Shores, CA), also Washington, D.C. Filed Dkt. 11 (Certificate of Interested Entities, Mar. 29, 2023) (Justia docket) Founding partner of the firm; an established plaintiffs'-side patent trial lawyer. Office location inferred from firm profile, not from a docket entry.
Christine E. Lehman Counsel of record (pro hac vice) Reichman Jorgensen Lehman & Feldberg LLP — Washington, D.C. (per firm profile) PHV motion Dkt. 13 (Mar. 29, 2023), granted Dkt. 15 Patent litigator; one of the VideoLabs enforcement-team attorneys across the portfolio actions.
Jaime F. Cardenas-Navia Counsel of record (pro hac vice); day-to-day lead on the VideoLabs campaign Reichman Jorgensen Lehman & Feldberg LLP — New York office (Benchmark listing uses a 646/NYC number) PHV motion Dkt. 12 (Mar. 29, 2023), granted Dkt. 14; filed the summons return Dkt. 16 (Apr. 5, 2023) Named a National Law Journal "Rising Star of the Plaintiffs' Bar" (2023). His profile states he "leads a series of patent infringement cases for VideoLabs," with the Amazon and Apple matters resolved within the first year. (Benchmark; Reichman Jorgensen news)
Jennifer Prieb Estremera Attorney of record (appearance per aggregator record) Reichman Jorgensen Lehman & Feldberg LLP Listed as VideoLabs counsel in PatSnap's counsel table VideoLabs enforcement-team attorney; docket document number not confirmed in my sources.

Not identified / explicitly unresolved:

  • No in-house counsel (e.g., a VideoLabs GC or IP counsel) appears in the sources I could reach.
  • No separate local counsel admission (a California-bar attorney) appears on the Apple docket — the two out-of-state attorneys (Lehman, Cardenas-Navia) proceeded by pro hac vice, and the docket shows no additional local-counsel notice.
  • Any counsel withdrawals after the case's stipulated dismissal with prejudice (PatSnap reports a ~199-day lifecycle ending in a stipulated dismissal with prejudice, consistent with Dkt. 42, Oct. 6, 2023) were not confirmed. Docket entries Dkt. 34 (June 20, 2023) and Dkt. 42 (Oct. 6, 2023) are the latest events I could see; I could not read their text.

Counsel tied to the RE43113 assertion (for completeness)

  • VideoLabs v. Roku, Inc., D. Del. No. 1:23-cv-01136 is the action that actually pleads U.S. Pat. No. RE43,113 (listed as the "'113 patent," D.I. 1, Ex. 4; and in the Rule 3 patent report). VideoLabs' Delaware filings were handled with a Delaware local-counsel firm (Docket Alarm's results tie the case to Farnan LLP), with the substantive VideoLabs team drawn from the same Reichman Jorgensen group. (Justia docket; Roku stay brief, D.I. 37) Caveat: I could not confirm from a primary filing which firm signed for the Roku plaintiffs, so treat the local-counsel attribution as unverified.
  • Separately, Bunsow De Mory LLP (Silicon Valley) has acted for VideoLabs in other enforcement matters (e.g., the Dell matter and video-compression campaigns), but I found no indication it appeared for VideoLabs in the Apple action. (IAM Patent 1000 profile)

What I could not verify (per the no-fabrication rule)

  1. A docketed Apple case asserting RE43113 — not confirmed; the only Apple–VideoLabs docket I could verify asserts the '794 and '535 patents.
  2. Filing/withdrawal documents I could not read (the dismissal papers, Dkt. 34 and 42) — so any post-dismissal substitution or withdrawal of counsel is unknown.
  3. Sealed/confidential material — the settlement and dismissal were stipulated with prejudice, so the operative dismissal papers and any confidentiality terms are not public; none of the sources I reached quote them.
  4. Individual office locations for Reichman/Jorgensen attorneys are drawn from firm/benchmark profiles, not docket entries, and should be confirmed against firm directories.

If the true target is a separate Apple action asserting RE43113 (rather than the N.D. Cal. '794/'535 case), it did not surface in these searches and should be confirmed on PACER by patent number (RE43,113) restricted to Apple as defendant.

Defendant representatives

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

I'll research the docket and counsel appearances.

Now let me pin down which case actually asserted RE43113 against Apple and who appeared for Apple.

Bottom line up front

I could not confirm any attorney appearance for Apple in a case asserting RE43113. Every confirmed Apple-side appearance tied to "VideoLabs v. Apple" sits in N.D. Cal. Case No. 3:23-cv-01307-AMO, and that complaint asserted only U.S. Patent Nos. 8,605,794 and 7,525,535 — not RE43113 (see the complaint's ¶11, "patents-in-suit," and the court's Report on the Filing of an Action, Dkt. 10). RE43113's only confirmed district-court assertion I found is against Roku (D. Del. 1:23-cv-01136, Dkt. 3, listing "US RE43,113 E" among six patents). So the Apple/RE43113 representation question is, on this record, unanswered — I'm flagging that gap rather than filling it with names.

What I can give you, properly sourced, is the Apple defense team in the one confirmed VideoLabs–Apple action, which is the most likely candidate if a RE43113 assertion was folded into (or re-filed from) that dispute.


Apple's counsel of record — VideoLabs Inc. et al. v. Apple Inc., No. 3:23-cv-01307 (N.D. Cal.)

All seven appearing attorneys are DLA Piper US LLP; no in-house Apple counsel has appeared on the docket. N.D. Cal. notices of appearance do not formally designate "lead trial counsel," so the role labels below are my inference from who filed first/strategic filings and who sought pro hac vice admission.

Attorney Role (inferred) Firm / office Docket entry Note
Erin Paige Gibson Apparent lead counsel — first to appear; filed the stipulated extension of Apple's response deadline DLA Piper US LLP, San Francisco Dkt. 18 (Notice of Appearance), Dkt. 19 (Stipulation, 4/18/2023) First Apple appearance; handled the deadline stipulation, the classic lead-counsel task.
Robert Chen Williams Core team DLA Piper US LLP, San Francisco Dkt. 21 (4/18/2023) Appeared same day as the lead team.
Jessica Lea Hannah Core team DLA Piper US LLP, San Francisco Dkt. 20 (4/18/2023) Law360 firm profile lists her as DLA Piper (San Francisco) and shows this case as a March 21, 2023 Northern District of California patent matter.
Nandan Raghunath Padmanabhan Core team DLA Piper US LLP (Bay Area) Dkt. 22 (4/18/2023) —
Robert Buergi Core team DLA Piper US LLP (Bay Area) Dkt. 23 (4/18/2023) —
Ankur Vijay Desai Pro hac vice (out-of-state) — granted DLA Piper US LLP (D.C. / East Coast) Dkt. 26 (PHV motion, 5/8/2023); Dkt. 27 (granted 5/8/2023, Judge Chhabria) PHV admission signals substantive brief/argument responsibility rather than local appearance coverage.
Claire E. Schuster Pro hac vice (out-of-state) — granted DLA Piper US LLP (D.C. / East Coast) Dkt. 24 (PHV motion, 5/8/2023); Dkt. 25 (granted 5/8/2023, Judge Chhabria) Same inference as Desai.

Sourcing note on roles/firms: the docket entries above are corroborated by Docket Alarm's docket sheet for 3:23-cv-01307 and a third-party docket mirror; PatSnap's litigation write-up independently lists Apple's counsel as Ankur Vijay Desai, Claire E. Schuster, Erin Paige Gibson, Jessica Lea Hannah, Nandan Raghunath Padmanabhan, Robert Buergi, and Robert Chen Williams, with DLA Piper US LLP as Apple's firm. I have not verified individual office locations or any attorney's prior notable patent cases beyond what the sources show — I'd rather leave that blank than guess.

Two contradictions to flag:

  1. PatSnap misreports the court and judge, calling 3:23-cv-01307 a "California Eastern District Court" case before "Judge Araceli Martinez-Olguin." The PACER-derived records show N.D. Cal., filed Mar. 21, 2023, with the PHV orders signed by Judge Vince Chhabria in March–May 2023; the "-AMO" suffix used in the PTAB mandatory notice (IPR2023-00628 papers, filed Aug. 9, 2023) indicates the case was later reassigned to Judge Araceli Martinez-Olguin. PatSnap's venue label is wrong.
  2. The metadata premise is only half-right. Unified Patents' prior-art contest page says RE43113 "has been asserted against Roku and Apple." The Roku prong is verifiable (D. Del. 1:23-cv-01136). The Apple prong is not — I found no Apple complaint, docket entry, or IPR notice identifying RE43113 in video against Apple. Treat the "Apple" half as unverified.

Where the RE43113/Apple thread likely leads (leads, not conclusions)

  • Parallel IPR docket: VideoLabs' PTAB mandatory notices (e.g., the Aug. 9, 2023 filing in IPR2023-00628, concerning the '794 patent, In re Roku/Unified-type challenges) enumerate the co-pending district court matters. Those notices are the cleanest single source to see every VideoLabs assertion, patent-by-patent — the snippet I retrieved lists VideoLabs, Inc. v. Netflix (D. Del. 22-229-JHS) and v. Apple Inc., No. 23-cv-01307-AMO (N.D. Cal.) with no RE43113.
  • RE43113's other confirmed case: VideoLabs, Inc. et al. v. Roku, Inc., D. Del. 1:23-cv-01136 (filed Oct. 11, 2023; reassigned to Judge Joel H. Slomsky, E.D. Pa.), Dkt. 3 lists US 7,440,559; 8,605,794; 7,233,790; RE43,113; 8,291,236; 8,667,304. Roku later filed IPRs (IPR2024-01025, IPR2025-00071, IPR2025-00072), all terminated on settlement in early 2025. A Docket Alarm filter hit suggests Farnan LLP appeared in that Roku case — likely for Roku, but I did not verify the party attribution or the attorney names, so don't rely on it.
  • Institution-side confirmation as a cross-check: Apple's own IPR/reexam petitions against VideoLabs patents would carry a Power of Attorney / mandatory notice naming its counsel of record — usually from a different firm than trial counsel. I could not pull those in this pass.

If you need this nailed down

  1. Pull the full PACER docket for 3:23-cv-01307-AMO end-to-end (the docket I saw is truncated after May 2023) and check for withdrawal/substitution filings — Apple frequently swaps in trial counsel before Markman. A third-party summary reports the case was dismissed with prejudice, and Docket Alarm shows a Dkt. 42 dated Oct. 6, 2023; if dismissal occurred in 2023, the counsel table above is frozen as of that date and any later-appearing Apple team would belong to a different, RE43113-specific suit.
  2. Run a PACER party search for "VideoLabs" as plaintiff against "Apple" across all districts (E.D. Tex., W.D. Tex., D. Del., N.D. Cal.) for 2024–2026 — the RE43113/Apple vehicle, if it exists, is most likely there.
  3. Check the USPTO Patent Trial and Appeal Board docket for any Apple-filed petition on RE43113; the petitioner's listed counsel is the fastest reliable proxy for who Apple retained on that patent.

Nothing here should be cited as an Apple appearance on RE43113. As of the sources available to me, no such appearance is documented.