ASUS & Celerity IP v. Samsung: Five Wireless Patents, Dismissed With Prejudice After 486 Days
ASUS Technology Licensing and Celerity IP jointly sued Samsung Electronics and its affiliates in the Eastern District of Texas, asserting five patents spanning 4G and 5G wireless technologies across Galaxy smartphones, tablets, and watches. After 486 days of litigation, all parties stipulated to dismissal with prejudice — each side bearing its own costs.
A five-patent wireless portfolio clash settled before trial in East Texas
Filed on September 12, 2023, in the Eastern District of Texas, this infringement action was brought by ASUS Technology Licensing, Inc. and Celerity IP, LLC against Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Research America, Inc., and counterclaim-defendant ASUSTeK Computer, Inc. The plaintiffs asserted five U.S. patents — US10986585B2, US10187878B2, US10104658B2, US10785759B2, and US11291052B2 — covering core 4G and 5G wireless communication technologies allegedly implemented in Samsung Galaxy smartphones, tablets, and wearables.
The case closed on January 10, 2025, when the parties filed a joint Notice of Dismissal under Rule 41(a)(1)(A)(ii), stipulating to dismissal with prejudice. The court accepted and acknowledged the stipulation, formally dismissing all claims and counterclaims between the parties. Critically, each party was ordered to bear its own costs, expenses, and attorneys’ fees — a cost-neutral resolution that suggests a negotiated settlement rather than a contested adjudication on the merits.
At 486 days, the case resolved before reaching trial or claim construction, a timeline consistent with parties reaching a commercial resolution during active litigation. The mutual cost-bearing arrangement and the presence of a counterclaim-defendant (ASUSTeK) suggest the resolution may have involved cross-licensing or business terms not disclosed in the public record. What drove the settlement — royalty terms, portfolio licensing, or commercial pressures from the 5G device market — remains unknown from the court docket.
Filing to Dismissed with Prejudice in 486 days
486 days — resolved before trial, faster than median E.D. Tex. patent case
Dismissed with prejudice: what the stipulated order means for both sides
Rule 41(a)(1)(A)(ii): a bilateral, binding end to litigation
A dismissal under Rule 41(a)(1)(A)(ii) requires the written consent of all parties and is immediately binding upon filing. ‘With prejudice’ means the plaintiffs — ASUS Technology Licensing and Celerity IP — are permanently barred from re-filing the same claims against these Samsung entities. The court did not adjudicate validity or infringement; the dismissal reflects a negotiated resolution between the parties.
Permanent bar on re-filingPlaintiffs cannot revive these claims against Samsung
Dismissal with prejudice extinguishes the asserted claims permanently as against the named Samsung defendants. Unlike a dismissal without prejudice — which preserves the right to re-sue — the ‘with prejudice’ designation here is final. The public record does not disclose any settlement terms, so whether ASUS and Celerity IP secured royalties or a license in exchange for the stipulation is not known. The patents themselves remain in force and could be asserted against other defendants.
Claims extinguished vs. SamsungSamsung obtains full finality on all five asserted patents
Samsung Electronics, Samsung Electronics America, and Samsung Research America each receive permanent protection against re-assertion of these five wireless patents by these plaintiffs. The inclusion of ASUSTeK as a counterclaim-defendant — and its participation in the stipulation — suggests the resolution encompassed the full commercial relationship between the ASUS and Samsung entities. Each party bearing its own fees is consistent with a negotiated outcome rather than a defendant win on the merits.
Full finality for Samsung entities5G device makers face continued portfolio licensing pressure
The assertion of five wireless patents — spanning both 4G and 5G standards — against a top-tier smartphone and wearables manufacturer signals continued monetisation pressure on 4G/5G implementers. The pre-trial resolution, without any public merits ruling, means the validity and claim scope of US10986585B2, US10187878B2, US10104658B2, US10785759B2, and US11291052B2 remain untested. Other device OEMs in the Galaxy-competing segment should treat these patents as live enforcement risks.
Patents remain untested and enforceableFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | ASUS Technology Licensing, Inc. | Company | Wireless patent licensing entities — holders of five 4G/5G wireless technology patentsSearch in Eureka ↗ |
| Co-Plaintiff | Celerity IP, LLC | Company | Search in Eureka ↗ |
| Defendant | Samsung Electronics Co., Ltd. | Company | Samsung Electronics and affiliates — manufacturer of Galaxy smartphones, tablets, and watchesSearch in Eureka ↗ |
| Co-Defendant | Samsung Research America, Inc. | Company | Search in Eureka ↗ |
| Co-Defendant | ASUSTek Computer, Inc. | Company | Search in Eureka ↗ |
| Co-Defendant | Samsung Electronics America, Inc. | Company | Search in Eureka ↗ |
| Plaintiff counsel | Anthony Q. Rowles | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Benjamin Monnin | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Charles Ainsworth | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Christopher Abernethy | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Hardeman Grant Tucker | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Jamie H. McDole | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Jason G. Sheasby | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Jordan Nafekh | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Mara Jill Bindler | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Matthew Lawrence Vitale | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Michael Daley Karson | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Miranda Yan Jones | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Phillip Brett Philbin | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Rebecca L. Carson | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Robert Christopher Bunt | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff counsel | Russell Bradley Hoover | Attorney | Counsel for ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Gray Reed | Law Firm | Representing ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Irell & Manella LLP (Newport Beach) | Law Firm | Representing ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Irell & Manella LLP | Law Firm | Representing ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Irell & Manella LLP (Los Angeles) | Law Firm | Representing ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Parker Bunt & Ainsworth PC | Law Firm | Representing ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Winstead PC | Law Firm | Representing ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Plaintiff law firm | Winstead PC(Dallas) | Law Firm | Representing ASUS Technology Licensing, Inc.Search in Eureka ↗ |
| Defendant counsel | Andrew R. Sommer | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant counsel | Callie J. Sand | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant counsel | James Travis Underwood | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant counsel | Kathryn Elizabeth Albanese | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant counsel | Matthew Joshua Levinstein | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant counsel | Melissa Richards Smith | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant counsel | Nicholas A. Brown | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant counsel | Richard A. Edlin | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant counsel | Stephen M. Ullmer | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant counsel | Thomas Pease | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant counsel | Vimal M. Kapadia | Attorney | Counsel for Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant law firm | Gillam & Smith LLP | Law Firm | Representing Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant law firm | Greenberg Traurig LLP (Chicago) | Law Firm | Representing Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant law firm | Greenberg Traurig LLP (San Francisco) | Law Firm | Representing Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant law firm | Greenberg Traurig LLP (McLean) | Law Firm | Representing Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Defendant law firm | Greenberg Traurig PA | Law Firm | Representing Samsung Electronics Co., Ltd.Search in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Texas Eastern District CourtSearch in Eureka ↗ |
Official order — verbatim text
The court’s order accepts a Rule 41(a)(1)(A)(ii) stipulated dismissal with prejudice, meaning no merits adjudication occurred. The phrase ‘all claims and causes of action asserted between the parties are DISMISSED WITH PREJUDICE’ is comprehensive — it covers plaintiffs’ infringement claims and Samsung’s counterclaims alike. The cost-neutral fee arrangement (‘each party to bear its own costs’) is a standard marker of negotiated resolution. No validity finding, no damages award, and no injunctive relief appear in the record.
US10986585B2 — 4G/5G wireless communication technology portfolio
The five asserted patents — US10986585B2, US10187878B2, US10104658B2, US10785759B2, and US11291052B2 — span application dates from 2016 to 2019, a period of intense 4G LTE maturation and early 5G standardisation. The portfolio covers wireless communication methods and device-level implementations relevant to smartphones, tablets, and wearables operating on cellular networks. The breadth of the portfolio, spanning both 4G and 5G technology generations, suggests coverage of foundational wireless protocol layers likely implemented across a wide range of consumer devices.
From a competitive intelligence standpoint, a portfolio asserting both 4G and 5G wireless patents against a defendant whose product range includes Galaxy smartphones, tablets, and smartwatches suggests claims targeted at widely-implemented wireless stack components. Because no claim construction order was issued and validity was not adjudicated, the claim scope of these patents remains commercially potent. Any OEM implementing standard 4G LTE or 5G NR protocols — particularly in the Android device ecosystem — should treat this portfolio as an active licensing risk and conduct prior art mapping against these patent families.
Should you run an FTO against US10986585B2 and the Celerity IP wireless portfolio?
If your company manufactures, imports, or sells devices with 4G LTE or 5G NR wireless connectivity — smartphones, tablets, wearables, or IoT endpoints sold in the U.S. market — these five patents represent a credible, unresolved enforcement risk. The plaintiffs demonstrated willingness to litigate against a tier-1 OEM in a plaintiff-friendly venue. The absence of any invalidity ruling means there is no publicly available prior art finding to rely on.
PatSnap Eureka’s FTO Search Agent can rapidly map your wireless communication implementations against the claim scope of US10986585B2, US10187878B2, US10104658B2, US10785759B2, and US11291052B2. Eureka identifies prior art, claim overlap, and prosecution history estoppel signals across the full family, enabling your legal and R&D teams to assess design-around options and licensing exposure before your next product launch.
Run a freedom-to-operate analysis on US10986585B2 to assess your product’s exposure
Run FTO in Eureka →Similar 4G/5G wireless patent cases in the Eastern District of Texas
Related infringement actions asserting 4G/5G wireless technology patents against consumer electronics OEMs in the Eastern District of Texas.
Related patent case — similar technology
Comparable case in the same technology domain. Patent holder and defendant reached resolution after proceedings.
SettledRelated infringement action — same court
Comparable 4G wireless technologies, including Galaxy smartphones-adjacent infringement action. Patent enforcement dynamics analysed in depth.
Active · District CourtRelated invalidity challenge — appellate outcome
Combined invalidity and infringement action in the same technology space. Decided after substantive proceedings.
DecidedASUS Technology Licensing, Inc.’s broader IP enforcement history
ASUS Technology Licensing, Inc.’s full litigation history covering prior enforcement, licensing activity, and inter partes review proceedings.
Portfolio viewWhat this case signals for the 4G/5G wireless patent licensing landscape
A five-patent portfolio, two plaintiff entities, and a pre-trial resolution: this case reflects the structural dynamics of wireless technology monetisation in East Texas.
Pre-trial resolution leaves all five patents fully valid and enforceable
No claim construction order, no IPR outcome, and no invalidity ruling emerged from this case. All five asserted patents survive with their claim scope intact. For competing 4G/5G device makers — particularly Android OEMs with overlapping wireless stack implementations — these patents represent unresolved enforcement risk that warrants proactive FTO assessment.
East Texas remains a preferred venue for wireless portfolio enforcement
Filing in the Eastern District of Texas, with its established patent docket and plaintiff-friendly procedural history, is a deliberate strategic choice. The case reached resolution in under 16 months, consistent with the court’s efficient case management. Companies with significant U.S. device sales should map their exposure to E.D. Tex. patent holders with wireless portfolios.
Dual-plaintiff structure signals coordinated IP monetisation strategy
The pairing of ASUS Technology Licensing with Celerity IP — an NPE — is consistent with a licensing vehicle structure where operating companies co-assert patents alongside assertion entities. This model amplifies enforcement leverage and is likely to be repeated against other major OEMs in the 5G device market. R&D teams at device manufacturers should audit their wireless protocol implementations against these patent families.
ASUSTeK as counterclaim-defendant hints at cross-licensing dimension
The presence of ASUSTeK Computer, Inc. as a counterclaim-defendant — dragged in by Samsung’s counterclaims — and its inclusion in the stipulated dismissal suggests the resolution may have addressed broader IP relationship terms between the ASUS and Samsung corporate families. This cross-exposure pattern is increasingly common in wireless standard-essential patent disputes and may be a template for future multi-party resolutions.
ASUS v Samsung — key questions answered
The case was dismissed with prejudice by stipulation of all parties on January 10, 2025, under Rule 41(a)(1)(A)(ii). No merits adjudication occurred. Each party bears its own costs, expenses, and attorneys’ fees. The dismissal permanently bars the plaintiffs from reasserting the same claims against the named Samsung defendants.
Five U.S. patents were asserted: US10986585B2, US10187878B2, US10104658B2, US10785759B2, and US11291052B2. All relate to 4G and 5G wireless communication technologies. The accused products included Samsung Galaxy smartphones, tablets, and watches. No claim construction or validity ruling was issued before the case resolved.
Dismissal with prejudice means ASUS Technology Licensing and Celerity IP are permanently barred from re-filing these specific infringement claims against Samsung Electronics, Samsung Electronics America, and Samsung Research America. The underlying patents remain valid and enforceable against other parties, but these plaintiffs cannot revive this action against these defendants.
ASUSTeK Computer, Inc. appears to have been joined as a counterclaim-defendant by Samsung, likely in response to the plaintiffs’ infringement claims. ASUSTeK’s inclusion in the final stipulated dismissal suggests the resolution may have addressed the broader commercial or IP relationship between the ASUS corporate family and Samsung, though specific terms are not disclosed in the public record.
Yes. A dismissal with prejudice resolves only the claims between these specific parties. The five patents — US10986585B2, US10187878B2, US10104658B2, US10785759B2, and US11291052B2 — remain in force and were not invalidated by any court or PTAB proceeding in this case. Patent holders retain the right to assert them against other defendants in future proceedings.
Assess your 4G/5G wireless patent exposure before litigation finds you
The five patents in this case remain enforceable and untested on the merits. Use PatSnap Eureka to run FTO searches against the full Celerity IP and ASUS Technology Licensing wireless portfolio, and set up enforcement monitoring for E.D. Tex. filings in your technology space.
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