Calibrate Networks v. McDonald's: Network Comms Patent Suit Voluntarily Dismissed
Calibrate Networks LLC filed suit against McDonald's Corporation in the Eastern District of Texas, asserting US9584633B2 covering a method and system for managing network communications. The case closed just 84 days after filing, with Calibrate Networks voluntarily dismissing its claims.
Short-lived E.D. Texas network patent suit ends at plaintiff's initiative
On February 17, 2026, Calibrate Networks LLC filed a patent infringement action against McDonald's Corporation in the United States District Court for the Eastern District of Texas, before Judge Robert W. Schroeder, III. The single patent asserted was US9584633B2 (application no. US14/211928), covering a method and system for managing network communications. McDonald's, represented by Orrick Herrington & Sutcliffe LLP, was the sole defendant.
The recorded Basis of Termination is Voluntary dismissal. The docket order states that Plaintiff's Notice of Voluntary Dismissal with Prejudice (Docket No. 15) was accepted by the Court, and Plaintiff's claims were ordered dismissed with prejudice. The specific terms underlying the dismissal are not disclosed in the available record.
The case resolved in just 84 days — a notably compressed timeline that suggests the parties reached an understanding, or Calibrate Networks elected not to proceed, well before any substantive merits litigation. What drove that decision, and whether any commercial arrangement accompanied it, is not reflected in the public record.
See Complete Case & Patent Analysis →Filing to Voluntary dismissal in 84 days
84 days — from filing to voluntary dismissal in E.D. Texas
US9584633B2 — Method and system for managing network communications
Any organisation deploying or developing methods and systems for managing network communications — including retail chains, hospitality operators, enterprise IT providers, and network equipment vendors — should assess exposure to US9584633B2. This patent was not invalidated in the Calibrate Networks v. McDonald's action. The claims remain intact and the patent holder retains full enforcement rights against new defendants. Product and engineering teams commercialising network traffic management or orchestration technology are the primary audience for an FTO review.
Official order — verbatim text
The court accepted Plaintiff's Notice of Voluntary Dismissal with Prejudice and ordered Plaintiff's claims dismissed with prejudice. The order reflects a plaintiff-initiated exit; no merits findings on infringement or validity of US9584633B2 were made. The with-prejudice designation is final as between these parties, but leaves the patent's enforceability against third parties entirely unresolved.
Voluntary dismissal: what the recorded outcome means for both parties
Voluntary dismissal — plaintiff's unilateral election to end the case
A voluntary dismissal is filed at the plaintiff's initiative. Here, Calibrate Networks filed a Notice of Voluntary Dismissal (Docket No. 15), which the Court accepted. The Basis of Termination recorded is Voluntary dismissal; the docket order states the claims were dismissed with prejudice. The distinction matters: a with-prejudice dismissal bars re-filing the same claims against the same defendant. The specific terms are not disclosed in the available record.
Plaintiff-initiated dismissalThe public record says 'with prejudice' — but the basis is logged as voluntary
The recorded Basis of Termination is Voluntary dismissal, without specifying prejudice. The verbatim docket order states dismissal with prejudice. A with-prejudice dismissal is a final adjudication on the merits — Calibrate Networks cannot refile this claim against McDonald's on the same patent. A without-prejudice dismissal would permit re-filing. The docket order language is as stated; the underlying reason for the prejudice designation is not disclosed in the available record.
Claim preclusion risk for plaintiffMcDonald's exits litigation without a merits ruling on validity or infringement
McDonald's Corporation obtains a dismissal with prejudice, ending this specific action without any court ruling on whether US9584633B2 is valid or infringed. The patent itself remains in force. McDonald's and its counsel at Orrick Herrington & Sutcliffe secured an early exit from what was filed as a full infringement action. No fee award or cost ruling is recorded in the available case data.
No merits adjudicationUS9584633B2 remains live — network operators should take note
The voluntary dismissal with prejudice forecloses Calibrate Networks from asserting this patent against McDonald's again, but US9584633B2 was not invalidated and its enforceability is unchanged as against other defendants. Companies operating managed network communication systems — particularly in retail and hospitality — should monitor Calibrate Networks' assertion activity and assess their exposure to this patent's claims.
Patent remains enforceableFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Calibrate Networks LLC | Company | /Search in Eureka ↗ |
| Defendant | McDonald's Corporation | Company | /Search in Eureka ↗ |
| Plaintiff counsel | Isaac Phillip Rabicoff | Attorney | Counsel for Calibrate Networks LLCSearch in Eureka ↗ |
| Plaintiff law firm | Rabicoff Law LLC | Law Firm | Representing Calibrate Networks LLCSearch in Eureka ↗ |
| Defendant counsel | Laura Ann Wytsma | Attorney | Counsel for McDonald's CorporationSearch in Eureka ↗ |
| Defendant counsel | Thomas Alden James | Attorney | Counsel for McDonald's CorporationSearch in Eureka ↗ |
| Defendant counsel | Timothy J. Carroll | Attorney | Counsel for McDonald's CorporationSearch in Eureka ↗ |
| Defendant law firm | Orrick Herrington & Sutcliffe LLP | Law Firm | Representing McDonald's CorporationSearch in Eureka ↗ |
| Presiding judge | Judge Robert W. Schroeder, III | Judge | Texas Eastern District CourtSearch in Eureka ↗ |
R&D signals in the network communications management space
Forward-looking patent and innovation intelligence derived from the Calibrate Networks v. McDonald's case — covering portfolio activity, technology trends, and competitive IP positioning in network management.
Calibrate Networks' patent portfolio beyond US9584633B2
US9584633B2 may be one of several patents held or controlled by Calibrate Networks LLC. Understanding the breadth of the portfolio — including continuation applications, related family members, and claim coverage — is critical for companies that operate network communications infrastructure and may be potential future assertion targets.
Portfolio scopeFiling trends in network communications management patents
The network communications management domain — covering traffic routing, network orchestration, and system-level management — has attracted sustained patent filing activity from both operating companies and assertion entities. Tracking recent filings in this space can surface emerging IP risk and identify which sub-technologies are attracting the most coverage.
Filing activity trendsMcDonald's own patent activity in network and digital infrastructure
McDonald's Corporation has invested significantly in digital ordering, restaurant technology, and network infrastructure. Analysing McDonald's patent filings in network and communications technology can reveal the defensive IP assets it holds and how those assets might be deployed in future disputes or licensing negotiations involving network management claims.
Defensive IP positionAdjacent white space in network communications orchestration
The claims of US9584633B2 focus on managing network communications at a system level. Adjacent innovation areas — including AI-driven network optimisation, edge computing traffic management, and secure network segmentation — may present patentable white space for R&D teams looking to build freedom-to-operate while advancing network management capability.
R&D white spaceSimilar network communications patent cases in E.D. Texas
Explore comparable patent infringement actions involving network communications management patents litigated in the Eastern District of Texas, including similar assertion patterns and outcomes.
What this case signals for the network communications IP landscape
An 84-day lifecycle and a with-prejudice voluntary dismissal in E.D. Texas raises questions about patent assertion strategy and defendant leverage in network comms disputes.
Patent remains enforceable — downstream defendants face unresolved claims
US9584633B2 was not challenged on validity or infringement merits. Any company deploying network communications management systems similar to those covered by the patent remains exposed. The dismissal with prejudice applies only to McDonald's — not to any other potential defendant in the market.
Short duration suggests early resolution — not a sign of weak patent
Eighty-four days is extremely short for an E.D. Texas patent case. Cases that resolve this quickly before claim construction or discovery typically reflect either early commercial resolution or a strategic recalibration by the plaintiff. Neither interpretation confirms or denies patent strength — the claims were never adjudicated.
Calibrate v McDonald's — key questions answered
The case was voluntarily dismissed. Calibrate Networks filed a Notice of Voluntary Dismissal with Prejudice (Docket No. 15), which the Court accepted. The recorded Basis of Termination is Voluntary dismissal. The claims were ordered dismissed with prejudice, meaning Calibrate Networks cannot refile the same claims against McDonald's. No merits ruling on infringement or validity was made.
Calibrate Networks asserted US9584633B2, filed under application number US14/211928. The patent covers a method and system for managing network communications. The product involved in the dispute is described as a method and system for managing network communications.
McDonald's exits this litigation without any court ruling on whether US9584633B2 is valid or infringed. The dismissal with prejudice bars Calibrate Networks from bringing the same claims against McDonald's again on this patent. No cost or fee award is recorded in the available case data. The patent itself remains enforceable against other defendants.
Yes. The voluntary dismissal with prejudice applies only to claims against McDonald's Corporation. The patent was not invalidated and no ruling on its validity or scope was made. Calibrate Networks retains full enforcement rights against other defendants. Companies deploying network communications management systems should assess their exposure through FTO analysis.
The case was filed in the United States District Court for the Eastern District of Texas (Case No. 2:26-cv-00134) and assigned to Judge Robert W. Schroeder, III. Calibrate Networks was represented by Isaac Phillip Rabicoff of Rabicoff Law LLC. McDonald's was represented by Laura Ann Wytsma, Thomas Alden James, and Timothy J. Carroll of Orrick Herrington & Sutcliffe LLP.
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.
PatSnap Eureka searches patents and litigation data to answer instantly.