HyperQuery LLC v. GOG sp. z o.o. — Dismissed With Prejudice After 166 Days
HyperQuery LLC filed a patent infringement action in the Eastern District of Texas against GOG sp. z o.o., the Polish video game distribution platform, asserting US9529918B2 covering systems and methods for downloading applications via a communication network. The case was voluntarily dismissed with prejudice — ending all claims permanently — just 166 days after filing, with each party bearing its own costs.
App-download patent assertion ends permanently after plaintiff walks away
On January 15, 2025, HyperQuery LLC filed suit against GOG sp. z o.o. in the Eastern District of Texas (Case No. 2:25-cv-00041), asserting infringement of US9529918B2 — a patent covering systems and methods for downloading applications via a communication network. GOG, a subsidiary of CD PROJEKT and operator of a DRM-free PC game distribution platform, was alleged to have infringed through its download infrastructure. HyperQuery was represented by Isaac Phillip Rabicoff of Rabicoff Law LLC, a firm with an established track record in patent assertion matters.
The case closed on June 30, 2025, when HyperQuery filed a Notice of Voluntary Dismissal With Prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The Eastern District of Texas accepted and acknowledged the notice, formally dismissing all pending claims and causes of action with prejudice. No defendant counsel of record appeared, suggesting the dismissal may have followed an out-of-court resolution or a strategic decision by the plaintiff to withdraw before any substantive response was filed.
At 166 days, the case resolved at an early stage — consistent with pre-answer voluntary dismissals that typically occur before or shortly after a defendant’s deadline to respond. The with-prejudice designation is commercially significant: HyperQuery is permanently barred from reasserting the same claims against GOG on these grounds. The mutual cost-bearing order is standard in such dismissals, but the public record does not disclose whether any licensing agreement, payment, or other consideration was exchanged — leaving the true commercial resolution unknown.
Filing to Voluntary dismissal in 166 days
166 days — resolved well before trial; faster than the E.D. Texas median for patent cases
Dismissed with prejudice: what the voluntary withdrawal means for both parties
Rule 41(a)(1)(A)(i): plaintiff-driven exit before answer
Under FRCP 41(a)(1)(A)(i), a plaintiff may voluntarily dismiss without a court order before the defendant serves an answer or a motion for summary judgment. Here, HyperQuery invoked this rule but elected dismissal with prejudice — a higher bar than the default without-prejudice outcome. The court accepted and acknowledged the notice, formally closing all claims. No merits ruling was ever issued.
Procedural exit — no merits decidedWith prejudice: these specific claims are permanently extinguished
A dismissal with prejudice operates as a final adjudication on the merits under res judicata principles. HyperQuery cannot refile the same infringement claims against GOG based on US9529918B2 for the same accused conduct. This is a materially stronger outcome for GOG than a without-prejudice dismissal, which would leave the door open for refiling. The public record does not confirm whether a settlement or licence underpins this election.
Res judicata bars refilingGOG avoids litigation risk — but no invalidity ruling was secured
GOG sp. z o.o. achieved a permanent end to this specific action without filing any responsive pleading or incurring visible litigation costs. However, the absence of a court ruling on validity or non-infringement means US9529918B2 remains a live patent. Other parties in the app distribution or game download space cannot rely on this dismissal as precedent; the patent’s validity and scope were never adjudicated.
Patent validity unresolvedUS9529918B2 remains enforceable against third parties in digital distribution
Because the case ended without any invalidity finding or claim construction, US9529918B2 retains full presumption of validity. Competitors in the PC game download, SaaS application delivery, or digital storefront space who rely on similar communication-network download architectures should treat this patent as an active risk. HyperQuery — or any future assignee — remains free to assert the patent against different defendants.
Active patent risk for the sectorFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | HyperQuery LLC | Company | Patent assertion entity — holder of US9529918B2 covering app download systemsSearch in Eureka ↗ |
| Defendant | GOG sp. z o.o. | Individual | GOG sp. z o.o. — Polish DRM-free PC game distribution platform, subsidiary of CD PROJEKTSearch in Eureka ↗ |
| Plaintiff counsel | Isaac Phillip Rabicoff | Attorney | Counsel for HyperQuery LLCSearch in Eureka ↗ |
| Plaintiff law firm | Rabicoff Law LLC | Law Firm | Representing HyperQuery LLCSearch in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Texas Eastern District CourtSearch in Eureka ↗ |
Official order — verbatim text
The court’s order adopts the plaintiff’s notice verbatim under Rule 41(a)(1)(A)(i), which requires no judicial approval but becomes binding once acknowledged. The with-prejudice designation is plaintiff-elected — atypical under this rule, which defaults to without-prejudice dismissal. This election extinguishes HyperQuery’s claims against GOG permanently via res judicata. No claim construction, invalidity ruling, or damages finding was issued; the patent’s enforceability against third parties is wholly unaffected. The mutual cost-bearing order is consistent with a negotiated exit rather than a contested dismissal.
US9529918B2 — Downloading Applications via a Communication Network
US9529918B2, filed under application number US14/103500, covers a system and methods for downloading applications via a communication network. The patent addresses the technical challenge of efficiently delivering software applications to end-user devices over networked infrastructure — a foundational capability underpinning modern digital storefronts, game launchers, enterprise app portals, and mobile platform distribution. Its claims likely define a specific protocol or architectural arrangement for initiating, managing, and completing application downloads, distinguishing it from prior-art download mechanisms.
For the digital distribution sector — including PC game platforms such as GOG, Steam, and Epic Games Store, as well as enterprise software delivery and cloud application provisioning services — this patent represents a non-trivial assertion risk. HyperQuery’s decision to file in the Eastern District of Texas, a plaintiff-favourable venue, signals a deliberate enforcement strategy. With no invalidity ruling on record, the patent’s presumption of validity is intact and any future assignee can pursue the same claims against different defendants across the app download ecosystem.
Should you run an FTO against US9529918B2?
Any company operating a digital storefront, game launcher, software distribution platform, or enterprise application delivery service should assess its exposure to US9529918B2. This is particularly relevant for platforms that manage client-side download managers, CDN-delivered application packages, or API-triggered install workflows over a communication network. The patent has already been asserted once in a favourable plaintiff venue; the absence of an invalidity ruling means it remains fully enforceable and could be reasserted against different defendants or reassigned to a more aggressive licensor.
PatSnap Eureka’s FTO Search Agent enables R&D and IP teams to run a structured claim-by-claim clearance analysis against US9529918B2 in minutes. Eureka maps your product’s technical architecture against the patent’s independent and dependent claims, surfaces prior art that could support an IPR petition if needed, and tracks the patent’s assignment history and related family members. This gives your legal and product teams the specific intelligence needed to make a defensible, documented FTO decision before launching or scaling your application download infrastructure.
Run a freedom-to-operate analysis on US9529918B2 to assess your product’s exposure
Run FTO in Eureka →Similar app-download and digital distribution patent cases in E.D. Texas
Explore related patent infringement cases asserting communication-network download and digital distribution technology in the Eastern District of Texas.
What this case signals for the digital distribution IP landscape
A with-prejudice exit in E.D. Texas without defendant counsel on record warrants close attention from any company in app or game delivery infrastructure.
Early dismissal with prejudice suggests rapid out-of-court resolution
No defendant counsel appeared and the case closed within 166 days under Rule 41(a)(1)(A)(i). This pattern is consistent with a swift licensing negotiation or a decision by the plaintiff that litigation costs outweighed the expected recovery. Companies receiving demand letters from HyperQuery or Rabicoff Law LLC in this technology area should assess their exposure promptly.
US9529918B2 is unscathed — FTO analysis remains necessary for download platforms
The patent’s claims were never construed or invalidated. Any platform delivering applications, games, or software via a communication network — including cloud storefronts, enterprise app portals, and mobile distribution services — should verify whether their architecture falls within the scope of US9529918B2 before dismissing this case as irrelevant.
HyperQuery v GOG — key questions answered
HyperQuery LLC filed a patent infringement action against GOG sp. z o.o. in the Eastern District of Texas on January 15, 2025, asserting US9529918B2. The case was voluntarily dismissed with prejudice by HyperQuery on June 30, 2025, under Rule 41(a)(1)(A)(i), with each party bearing its own costs. No merits ruling was issued.
A dismissal with prejudice bars HyperQuery from refiling the same claims against GOG for the same accused conduct under res judicata. However, the patent itself remains valid and enforceable — HyperQuery or any future assignee can still assert US9529918B2 against other parties in the app download and digital distribution space.
The public record does not disclose the reason for the with-prejudice dismissal. Common drivers include a confidential licensing or settlement agreement, a strategic reassessment of litigation economics, or an inability to sustain prosecution costs. The absence of defendant counsel on the docket is consistent with an early-stage resolution before formal engagement.
US9529918B2, filed under application US14/103500, covers a system and methods for downloading applications via a communication network. It addresses the technical architecture for delivering software to end-user devices over networked infrastructure, relevant to digital storefronts, game launchers, enterprise app portals, and cloud-based software delivery platforms.
No. The dismissal was with prejudice only as to HyperQuery’s claims against GOG. US9529918B2 was never adjudicated for validity or claim scope, so third parties — including competing game platforms, app stores, and enterprise software distributors — cannot rely on this outcome as a defence. The patent remains fully enforceable against different defendants.
PatSnap Eureka searches patents and litigation data to answer instantly.