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Advanced Aerodynamics v. Barnes & Noble — Drone Frame Patent | PatSnap
Patent Litigation

Advanced Aerodynamics v. Barnes & Noble: Consent Judgment After 282 Days

Advanced Aerodynamics, LLC filed a five-patent infringement action against Barnes & Noble in the Texas Eastern District Court, asserting patents covering self-righting frame and aeronautical vehicle technology. The case resolved by consent judgment after 282 days, with all plaintiff claims dismissed with prejudice and defendants' affirmative defenses dismissed without prejudice.

Resolution time
282days
282 days — resolved before trial in under 10 months
Patents asserted
5
US9434462B2 and 4 further patents asserted covering self-righting aeronautical vehicle frames
Outcome
Consent Judgment
Agreed by the parties, accepted and entered by the court — binding and final disposition
Cost ruling
Own Costs
Each party bears its own costs, expenses, and attorneys' fees per the stipulation
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

Five-Patent Drone Frame Dispute Ends in Agreed Court Judgment

Advanced Aerodynamics, LLC filed suit on July 13, 2022 in the Texas Eastern District Court against Barnes & Noble, Inc. and Barnes & Noble Booksellers, Inc., asserting infringement of five U.S. patents — US9434462B2, US10569854B2, US9216808B2, US9067667B2, and US8528854B2 — all directed to self-righting frame and aeronautical vehicle technology. The Eastern District of Texas is a well-established venue for patent infringement actions, and Advanced Aerodynamics was represented by Rozier Hardt McDonough PLLC, while Barnes & Noble retained Mintz Levin and Ward, Smith & Hill.

The recorded basis of termination is Consent Judgment. The docket order, entered on April 21, 2023, states that the parties filed a Joint Stipulation of Dismissal representing that the cases had been resolved, and the court dismissed all of plaintiff's claims with prejudice and all of defendants' affirmative defenses without prejudice, with each party bearing its own costs, expenses, and attorneys' fees. The specific commercial terms underlying the resolution are not disclosed in the available record.

The case closed approximately nine months after filing, suggesting the parties reached agreement well before any trial-ready posture. The asymmetric dismissal structure — plaintiff's claims with prejudice, defendants' defenses without prejudice — is consistent with a negotiated resolution, though the underlying terms are not disclosed. What drove settlement and whether any licensing arrangement was involved are not reflected in the public record.

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Case at a glance
CourtTexas Eastern District Court
JudgeN/A
FiledJuly 13, 2022
ClosedApril 21, 2023
Duration282 days
OutcomeConsent Judgment
Verdict causeInfringement Action
BasisConsent Judgment
Prior Art Intelligence
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Case data sourced from PACER / Texas Eastern District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

Filing to Consent Judgment in 282 days

282 days — resolved before trial in under 10 months

Case timeline: Complaint filed JUL 13 2022 — 282 days total Horizontal timeline showing the three key events in Advanced Aerodynamics, LLC v Barnes & Noble, Inc. from filing to resolution. Source: PACER, Texas Eastern District Court. JUL 13 2022 Complaint filed Pre-trial proceedings APR 21 2023 Consent Judgment 282 DAYS TOTAL
Patent at issue

US9434462B2 — self-righting aeronautical vehicle frame technology

Publication No.US9434462B2
Application No.US14/977546
Patent details
ProductSelf-righting aeronautical vehicle frame (US9434462B2)
Cited in actionJuly 13, 2022

Publication No.US10569854B2
Application No.US16/174353
Patent details
ProductAeronautical vehicle frame structures and systems (US10569854B2)
Cited in actionJuly 13, 2022

Publication No.US9216808B2
Application No.US14/751104
Patent details
ProductSelf-righting frame for aeronautical vehicles (US9216808B2)
Cited in actionJuly 13, 2022

Publication No.US9067667B2
Application No.US14/022213
Patent details
ProductSelf-righting aeronautical vehicle architecture (US9067667B2)
Cited in actionJuly 13, 2022

Publication No.US8528854B2
Application No.US13/096168
Patent details
ProductSelf-righting frame and aeronautical vehicle assembly (US8528854B2)
Cited in actionJuly 13, 2022
Technical brief · sourced from PatSnap patent database
Patent figurePatent figure
Representative claim (1 of 3 independent)
1. A self-righting aeronautical vehicle, comprising: a self-righting substantially dome shaped vehicle body having an upper region comprising an upper airflow passageway at an upper region, a lower airflow passageway at a lower region, and a convex exterior surface extending between the upper region and the lower region, the self-righting vehicle body defining an interior void, wherein the upper airflow passageway and the lower airflow passageway enable airflow into and from the interior void; at least one of an apex and a protrusion located generally centered within the upper region of the substantially dome sha…
Technical background
CROSS-REFERENCE TO RELATED APPLICATION This Non-Provisional Utility Patent Application is: a Divisional Application claiming the benefit of U.S. Non-Provisional patent application Ser. No. 14/751,104 filed on Jun. 25, 2015, scheduled to issue as U.S. Pat. No. 9,216,808 on Dec. 22, 2015, which is a Divisional Application claiming the benefit of U.S. Non-Provisional patent application Ser. No. 14/022,213 filed on Sep. 9, 2013, now issued as U.S. Pat. No. 9,067,667 on Jun. 30, 2015, which is a Continuation-in-Part App…
Patent family
6 family members across 1 jurisdiction (US)
PatSnap Eureka · FTO Search Agent
Should you run an FTO against US9434462B2 and the Advanced Aerodynamics portfolio?

Any company designing, manufacturing, importing, or retailing aeronautical vehicles or drone products with self-righting frame features should consider a freedom-to-operate analysis against this five-patent portfolio. The Advanced Aerodynamics portfolio has already been asserted once in EDTX, and the consent judgment leaves all five patents in force with no invalidity determination on the public record. Retailers stocking consumer drones and UAV component suppliers are particularly relevant risk categories.

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Official verdict

Official order — verbatim text

Before the Court is the Joint Stipulation of Dismissal (the “Stipulation”) filed by Advanced Aerodynamics, LLC (“Plaintiff”) and Barnes & Noble, Inc., Barnes & Noble Booksellers, Inc., Kohl’s Corporation, and Kohl’s, Inc. (collectively, “Defendants”). (Dkt. No. 45.) In the Stipulation, the parties represent that the above-captioned cases have been resolved and request dismissal of Plaintiff’s claims against Defendants with prejudice, and dismissal of all affirmative defenses raised by Defendants without prejudice. (Id. at 1.) Having considered the Stipulation, the Court ACCEPTS AND ACKNOWLEDGES that all claims and causes of action asserted by Plaintiff against Defendants in the above-captioned cases are DISMISSED WITH PREJUDICE, and all affirmative defenses raised by Defendants are DISMISSED WITHOUT PREJUDICE. Each party is to bear its own costs, expenses, and attorneys’ fees. All pending requests for relief in the above-captioned cases not explicitly granted herein are DENIED AS MOOT.
Source: PACER Docket, Case 2:22-cv-00260, Texas Eastern District Court

The court's order accepts a Joint Stipulation of Dismissal in which the parties represented the cases had been resolved, entering dismissal of plaintiff's claims with prejudice and defendants' affirmative defenses without prejudice. The asymmetric prejudice structure — binding closure on the plaintiff's side, preserved optionality on the defendants' side — is a notable feature of the record, though the underlying agreed terms are not disclosed in the available docket.

PACER case 2:22-cv-00260 · Public docket record Explore in Eureka ↗
Judgment terms

Consent judgment: what the agreed resolution means for both parties

Legal mechanism

A consent judgment is a binding, court-entered final judgment

A consent judgment is not merely a private settlement — it is a formal judgment entered by the court on terms the parties have agreed to, giving it the force of a judicial ruling. Here, the court accepted and acknowledged the Joint Stipulation of Dismissal, entering dismissal of all plaintiff claims with prejudice and all defendant affirmative defenses without prejudice. The specific agreed terms are not disclosed in the available record.

Court-entered final judgment
Patent holder outcome

Plaintiff's claims exit with prejudice — no second bite

Advanced Aerodynamics' claims against Barnes & Noble are dismissed with prejudice, meaning those specific claims cannot be re-filed against these defendants. While this forecloses re-litigation of the same claims, the five asserted patents remain in force and may be asserted against other parties. The commercial terms of any resolution are not disclosed in the available record.

Claims dismissed with prejudice
Defendant outcome

Defendants' affirmative defenses exit without prejudice

All affirmative defenses raised by Barnes & Noble and Barnes & Noble Booksellers are dismissed without prejudice, preserving their ability to raise those defenses in future proceedings if required. Barnes & Noble avoids any court-adjudicated finding of infringement on the public record. Each party bears its own legal costs under the agreed terms.

Defenses preserved without prejudice
Commercial implications

Five active patents remain enforceable against the broader market

The consent judgment resolves this dispute but does not invalidate or limit any of the five asserted patents. Advanced Aerodynamics retains a live portfolio covering self-righting frame and aeronautical vehicle technology. Other retailers or manufacturers in the consumer drone and aeronautical vehicle space should note that these patents remain available for future enforcement action.

Portfolio remains enforceable
Legal analysis based on PACER docket records for case 2:22-cv-00260 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffAdvanced Aerodynamics, LLCCompany/Search in Eureka ↗
DefendantBarnes & Noble, Inc.Company/Search in Eureka ↗
Co-DefendantBarnes & Noble Booksellers, Inc.CompanySearch in Eureka ↗
Plaintiff counselCarey Matthew RozierAttorneyCounsel for Advanced Aerodynamics, LLCSearch in Eureka ↗
Plaintiff counselJames Francis McDonough , IIIAttorneyCounsel for Advanced Aerodynamics, LLCSearch in Eureka ↗
Plaintiff counselJonathan Lloyd HardtAttorneyCounsel for Advanced Aerodynamics, LLCSearch in Eureka ↗
Plaintiff counselJonathan R. MillerAttorneyCounsel for Advanced Aerodynamics, LLCSearch in Eureka ↗
Plaintiff law firmRozier Hardt McDonough PLLCLaw FirmRepresenting Advanced Aerodynamics, LLCSearch in Eureka ↗
Defendant counselArameh Zargham O'BoyleAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant counselClaire Abernathy HenryAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant counselCourtney Patrice HerndonAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant counselJessica PerryAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant counselKatharine K FooteAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant counselMichael T. RenaudAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant counselSamuel DavenportAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant counselSean CaseyAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant counselSimone YhapAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant counselWilliam A MeunierAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant counselWilliams S. DixonAttorneyCounsel for Barnes & Noble, Inc.Search in Eureka ↗
Defendant law firmMintz, Levin, Cohn, Ferris, Glovsky & Popeo PC (Boston)Law FirmRepresenting Barnes & Noble, Inc.Search in Eureka ↗
Defendant law firmMintz, Levin, Cohn, Ferris, Glovsky & Popeo PCLaw FirmRepresenting Barnes & Noble, Inc.Search in Eureka ↗
Defendant law firmWard, Smith & Hill, PLLCLaw FirmRepresenting Barnes & Noble, Inc.Search in Eureka ↗
Presiding judgeJudge N/AJudgeTexas Eastern District CourtSearch in Eureka ↗
R&D signals

R&D signals in the self-righting aeronautical vehicle IP space

Forward-looking patent and R&D intelligence derived from Advanced Aerodynamics' portfolio and the broader self-righting drone frame technology landscape.

Patent portfolio

Advanced Aerodynamics holds a multi-generation self-righting UAV family

With five granted patents spanning multiple application generations — from US13/096168 through US16/174353 — Advanced Aerodynamics' portfolio suggests sustained investment in protecting self-righting frame architectures. Monitoring continuation and divisional activity from this family may reveal the direction of future claim scope expansion in this technology area.

5-patent family, active enforcement
Technology landscape

Self-stabilising drone frame filings are an active R&D frontier

Self-righting and self-stabilising frame technology for unmanned aerial vehicles sits at the intersection of mechanical design and autonomous flight control. Patent filing activity in this space — covering passive mechanical righting mechanisms, active gyroscopic systems, and hybrid approaches — has grown alongside the consumer and commercial drone markets. R&D teams should map the competitive filing landscape before committing to frame design architectures.

Growing UAV stability IP landscape
Competitive IP position

Barnes & Noble's consumer electronics IP posture after this dispute

Barnes & Noble's defence by Mintz Levin — a firm with deep patent litigation capability — suggests the retailer takes patent exposure seriously in its consumer electronics and drone product categories. Retailers in adjacent spaces should examine their supplier indemnification terms and consider whether their drone product suppliers hold defensive IP that could limit infringement risk at the distribution level.

Retail IP risk management
White space opportunity

Adjacent design-arounds in UAV frame recovery mechanisms

The Advanced Aerodynamics portfolio concentrates on self-righting frame structures. Adjacent white space may exist in sensor-guided recovery systems, software-defined stability correction, and modular frame designs that achieve righting through independent mechanical pathways. R&D teams seeking freedom to operate should map claim boundaries carefully and explore novel actuation approaches not addressed by the existing granted claims.

Design-around opportunity space
Related litigation

Similar drone and aeronautical vehicle patent cases in EDTX

Explore patent infringement cases asserting unmanned aerial vehicle and drone technology patents in the Texas Eastern District Court, a leading venue for such actions.

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Advanced Aerodynamics, LLC patent enforcement history, Texas Eastern District Court case history, Advanced Aerodynamics, LLC's full IP portfolio, and comparable case analysis
UAV patent cases EDTXSelf-righting drone IP disputesConsumer drone retail defendantsConsent judgments in EDTX 2022–23
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Strategic implications

What this case signals for the drone and aeronautical vehicle IP landscape

A five-patent assertion resolved pre-trial highlights active enforcement risk in the self-righting drone frame space.

Self-righting drone frame patents carry real pre-trial enforcement leverage

Advanced Aerodynamics secured a consent judgment on five patents in under ten months without reaching trial. This outcome suggests the asserted portfolio carried sufficient credibility to drive resolution. Consumer electronics and drone product sellers operating in the U.S. market should audit exposure to this patent family.

Eastern District of Texas remains a high-pressure venue for patent defendants

Filing in the Texas Eastern District continues to create scheduling pressure on defendants. Barnes & Noble deployed eleven defense-side attorneys from two major firms, consistent with the resource demands this venue places on defendants. Early FTO analysis and rapid counsel engagement are critical for any defendant served in EDTX.

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Unlock full strategic analysis for this EDTX patent infringement case in the consumer drone and aeronautical vehicle sector.
Portfolio enforcement mapRetail defendant exposureEDTX filing patterns
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Analysis powered by PatSnap Eureka Litigation Intelligence Explore in Eureka ↗
Frequently asked questions

Advanced v Barnes — key questions answered

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Track drone frame patent enforcement and manage your FTO exposure

The Advanced Aerodynamics portfolio remains active across five patents. Use PatSnap Eureka to monitor new filings, map claim scope against your products, and get ahead of enforcement risk in the self-righting aeronautical vehicle space before the next demand letter arrives.

Disclaimer

This page is compiled from public court dockets and third-party patent and litigation data via PatSnap Eureka, and is provided for general informational purposes only. The information shown — including party names, patent and application numbers, dates, case status, outcomes, and any analysis — may be incomplete, may not reflect the most recent filings or legal status, and may contain errors or omissions. Verify all details against official court records (for example, PACER) and the relevant patent office before relying on them.

Nothing on this page constitutes legal advice or a legal opinion on the validity, infringement, enforceability, or scope of any patent or case, and no attorney‑client relationship is created by its use. Any description of an outcome (such as a dismissal, settlement, or consent judgment) is a general summary, not a legal determination. All patents, trademarks, and company or law‑firm names are the property of their respective owners. PatSnap makes no warranty as to the accuracy or completeness of this content and disclaims, to the fullest extent permitted by law, all liability for reliance on it. For advice on a specific matter, consult qualified legal counsel.

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