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ASUS & Celerity IP v. Samsung: Wireless Patent Dispute Dismissed | PatSnap
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Case ID2:23-cv-00409
FiledSep 2023
ClosedJan 2025
Patent Litigation

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.

Resolution time
486days
486 days — resolved before trial, faster than median E.D. Tex. patent case
Patents asserted
5
US10986585B2 and 4 further patents asserted — 4G/5G wireless technology portfolio
Outcome
Dismissed with Prejudice
Stipulated dismissal with prejudice; all claims permanently extinguished between these parties
Cost ruling
Own Costs
Each party bears its own costs, expenses, and attorneys’ fees — no fee-shifting ordered
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

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.

Case at a glance
Case no.2:23-cv-00409
CourtTexas Eastern
JudgeN/A
FiledSeptember 12, 2023
ClosedJanuary 10, 2025
Duration486 days
OutcomeDismissed with Prejudice
Verdict causeInfringement Action
BasisDismissed with Prejudice
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 Dismissed with Prejudice in 486 days

486 days — resolved before trial, faster than median E.D. Tex. patent case

Case timeline: Complaint filed SEP 12 2023, MAY–JUN — 486 days total Horizontal timeline showing the three key events in ASUS Technology Licensing, Inc. v Samsung Electronics Co., Ltd. from filing to resolution. Source: PACER, Texas Eastern District Court. SEP 12 2023 Complaint filed Pre-trial proceedings JAN 10 2025 Dismissed with Prejudice 486 DAYS TOTAL
Dismissal terms

Dismissed with prejudice: what the stipulated order means for both sides

Legal mechanism

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-filing
Patent holder outcome

Plaintiffs 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. Samsung
Defendant outcome

Samsung 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 entities
Commercial implications

5G 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 enforceable
Legal analysis based on PACER docket records for case 2:23-cv-00409 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffASUS Technology Licensing, Inc.CompanyWireless patent licensing entities — holders of five 4G/5G wireless technology patentsSearch in Eureka ↗
Co-PlaintiffCelerity IP, LLCCompanySearch in Eureka ↗
DefendantSamsung Electronics Co., Ltd.CompanySamsung Electronics and affiliates — manufacturer of Galaxy smartphones, tablets, and watchesSearch in Eureka ↗
Co-DefendantSamsung Research America, Inc.CompanySearch in Eureka ↗
Co-DefendantASUSTek Computer, Inc.CompanySearch in Eureka ↗
Co-DefendantSamsung Electronics America, Inc.CompanySearch in Eureka ↗
Plaintiff counselAnthony Q. RowlesAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselBenjamin MonninAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselCharles AinsworthAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselChristopher AbernethyAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselHardeman Grant TuckerAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselJamie H. McDoleAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselJason G. SheasbyAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselJordan NafekhAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselMara Jill BindlerAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselMatthew Lawrence VitaleAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselMichael Daley KarsonAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselMiranda Yan JonesAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselPhillip Brett PhilbinAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselRebecca L. CarsonAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselRobert Christopher BuntAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff counselRussell Bradley HooverAttorneyCounsel for ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff law firmGray ReedLaw FirmRepresenting ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff law firmIrell & Manella LLP (Newport Beach)Law FirmRepresenting ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff law firmIrell & Manella LLPLaw FirmRepresenting ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff law firmIrell & Manella LLP (Los Angeles)Law FirmRepresenting ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff law firmParker Bunt & Ainsworth PCLaw FirmRepresenting ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff law firmWinstead PCLaw FirmRepresenting ASUS Technology Licensing, Inc.Search in Eureka ↗
Plaintiff law firmWinstead PC(Dallas)Law FirmRepresenting ASUS Technology Licensing, Inc.Search in Eureka ↗
Defendant counselAndrew R. SommerAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant counselCallie J. SandAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant counselJames Travis UnderwoodAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant counselKathryn Elizabeth AlbaneseAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant counselMatthew Joshua LevinsteinAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant counselMelissa Richards SmithAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant counselNicholas A. BrownAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant counselRichard A. EdlinAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant counselStephen M. UllmerAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant counselThomas PeaseAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant counselVimal M. KapadiaAttorneyCounsel for Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant law firmGillam & Smith LLPLaw FirmRepresenting Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant law firmGreenberg Traurig LLP (Chicago)Law FirmRepresenting Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant law firmGreenberg Traurig LLP (San Francisco)Law FirmRepresenting Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant law firmGreenberg Traurig LLP (McLean)Law FirmRepresenting Samsung Electronics Co., Ltd.Search in Eureka ↗
Defendant law firmGreenberg Traurig PALaw FirmRepresenting Samsung Electronics Co., Ltd.Search in Eureka ↗
Presiding judgeJudge N/AJudgeTexas Eastern District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“Before the Court is the Notice of Dismissal Pursuant to Rule 41(a)(1)(A)(ii) (the “Notice”) filed by ASUS Technology Licensing Inc. and Celerity IP, LLC (“Plaintiffs”) and Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Research America (“Defendants”) and Counterclaim-Defendant ASUSTeK Computer, Inc. (Dkt. No. 88.) In the Notice, the parties represent that the above-captioned case has been resolved and stipulate to dismissal of the above-captioned action with prejudice. (Id. at 2.) Case 2:23-cv-00409-JRG-RSP Document 89 Filed 01/10/25 Page 1 of 2 PageID #: 1699 Having considered the Notice, the Court ACCEPTS AND ACKNOWLEDGES that all claims and causes of action asserted between the parties in the above-captioned case are DISMISSED WITH PREJUDICE. Each party is to bear its own costs, expenses, and attorneys’ fees. All pending requests for relief in the above-captioned case not explicitly granted herein are DENIED AS MOOT”
Source: PACER Docket, Case 2:23-cv-00409, Texas Eastern District Court

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.

PACER case 2:23-cv-00409 · Public docket record Explore in Eureka ↗
Patent at issue

US10986585B2 — 4G/5G wireless communication technology portfolio

Publication No.US10986585B2
Application No.US16/395760
Patent details
Product4G/5G wireless communication scheduling and resource allocation
Cited in actionSeptember 12, 2023

Publication No.US10187878B2
Application No.US15/475190
Patent details
Productwireless communication protocol methods for LTE/5G networks
Cited in actionSeptember 12, 2023

Publication No.US10104658B2
Application No.US15/175673
Patent details
Productwireless resource management and transmission control
Cited in actionSeptember 12, 2023

Publication No.US10785759B2
Application No.US15/674483
Patent details
Productwireless network communication and device connectivity methods
Cited in actionSeptember 12, 2023

Publication No.US11291052B2
Application No.US16/052505
Patent details
Product5G new radio communication and device configuration methods
Cited in actionSeptember 12, 2023

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.

Patent data sourced from USPTO via PatSnap Eureka patent database Search patent records in Eureka ↗
Freedom to operate

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.

PatSnap Eureka FTO Search

Run a freedom-to-operate analysis on US10986585B2 to assess your product’s exposure

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Related litigation

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.

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ASUS Technology Licensing, Inc. patent enforcement history, Texas Eastern case history, ASUS Technology Licensing, Inc.’s full IP portfolio, and comparable case analysis
5G NR patent cases E.D. Tex.Celerity IP enforcement historySamsung wireless patent outcomesNPE wireless portfolio actions
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Strategic implications

What 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.

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Unlock gated insights on 4G/5G wireless patent enforcement strategy at the E.D. Tex. district court level.
Licensing vehicle structureCross-licensing risk signals5G OEM exposure map
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Frequently asked questions

ASUS v Samsung — key questions answered

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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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