June 15, 2024
The last of its cases filed in 2023 winding down, Freedom Patents LLC has filed separate suits against ASUSTek ( 4:24-cv-00534), Cisco ( 4:24-cv-00535), Deutsche Telekom (T-Mobile) ( 4:24-cv-00543), HP Enterprise (HPE) ( 4:24-cv-00536), Hon Hai Precision Industry (Sharp) ( 4:24-cv-00541), LG Electronics (LGE) ( 4:24-cv-00537), Micro-Star ( 4:24-cv-00538), Razer ( 4:24-cv-00539), Samsung ( 4:24-cv-00540), Sony ( 4:24-cv-00542), and Vantiva ( 4:24-cv-00544). Once again targeted, with the same three former Mitsibushi Electric (MELCO) patents, is the provision of devices (e.g., gateways, MIMO modules, TVs, etc.) that implement MIMO Wi-Fi capabilities.
MELCO assigned the patents (8,284,686; 8,374,096; 8,514,815) to Freedom Patents in July. They generally relate to "selecting antennas in a multiple-input multiple-output (MIMO) wireless local area network (LAN)". The patents comprise a family of three with issue dates ranging from October 2012 through August 2013 and an earliest estimated priority date in November 2004 (through a continuation-in-part of a PCT application). Freedom Patents began litigating its received portfolio with separate cases filed in April-May 2023 against Acer, Altice (CSC Holdings, Cequel Communications), AT&T, Charter Communications (Spectrum Gulf Coast), China Electronics (TPV Technology), Comcast, DISH Network, Qingdao Huatong State-Owned Capital Operation (Hisense), TCL, Tsinghua Tongfang, and Verizon (Verizon Wireless).
All of these cases have been dismissed with prejudice except for the TPV suit, which has been dismissed without prejudice (after the parties nevertheless filed a motion to dismiss the Freedom Patents claim with prejudice). Notices of settlement appear in the dockets of all of these cases, except for those against AT&T, Hisense, and TPV, which dockets refer to a resolution. The suits against Acer, AT&T, DISH, TCL, and Verizon saw at least some claim construction briefing filed with the court before (typically) a motion to stay to facilitate a settlement/resolution and then dismissal.
Freedom Patents was formed in March 2022, identifying Texas patent attorney Jon Rowan as its manager. Texas public records identify Rowan as the manager of several other litigating NPEs, including American Patents LLC; Dynamic Hosting Company LLC; Liberty Patents LLC; Panther Innovations LLC; Plectrum LLC; and Snyders Heart Valve LLC. For more on these campaigns, see here. Freedom Patents received its portfolio of three patents from MELCO in July 2022. Former MELCO patents have appeared in various litigation campaigns—for past coverage, see "NexGen Control Systems Joins List of Plaintiffs to Litigate Former MELCO Patents" (March 2023).
Antonelli, Harrington & Thompson LLP and The Stafford Davis Firm PC provide representation for Freedom Patents. The new suits have been assigned to District Judge Amos L. Mazzant. Some of the new complaints may require some cleanup; for example, Freedom Patents pleads the following in the complaint against Cisco: "Cisco has had actual knowledge of the '686 Patent at least as early as May 31, 2012, when Samsung received notice of the '686 Patent during prosecution of one of its subsidiary's patents, and/or as of the date when it was notified of the filing of this action. Since at least that time, Samsung has known the scope of the claims of the '686 Patent and the products that practice the '686 Patent". 6/14, Eastern District of Texas.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.