HyperQuery LLC v. The Access Technology Group — Dismissed With Prejudice
HyperQuery LLC asserted US9529918B2 — covering systems and methods for downloading applications via a communication network — against The Access Technology Group Limited in the Eastern District of Texas. Plaintiff voluntarily dismissed the case with prejudice after 159 days, with each party bearing its own costs.
A swift voluntary exit with permanent consequences in E.D. Tex.
On February 6, 2025, HyperQuery LLC filed a patent infringement action against The Access Technology Group Limited in the United States District Court for the Eastern District of Texas, Case No. 2:25-cv-00155. The suit centred on US9529918B2, a patent covering systems and methods for downloading applications via a communication network — technology directly relevant to app distribution platforms and digital marketplaces.
On July 15, 2025, HyperQuery filed a Notice of Voluntary Dismissal With Prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). The Court accepted and acknowledged the Notice, formally dismissing all pending claims and causes of action with prejudice. Each party was ordered to bear its own costs, expenses, and attorneys’ fees — meaning no financial award was made to either side.
The 159-day timeline from filing to dismissal is relatively compressed for E.D. Tex. patent matters, suggesting the parties may have reached a private resolution or that HyperQuery elected to withdraw before significant merits litigation. The public record does not disclose whether a licensing agreement or settlement payment accompanied the dismissal — a common pattern in NPE-driven assertion campaigns that concludes away from public scrutiny.
Filing to Voluntary dismissal in 159 days
159 days from filing to dismissal — relatively swift resolution for E.D. Tex. patent litigation
Dismissed with prejudice: what the voluntary exit means for both parties
Rule 41 dismissal with prejudice — a permanent bar on refiling
Under FRCP 41(a)(1)(A)(i), a plaintiff may voluntarily dismiss before the opposing party serves an answer or motion for summary judgment. Filing with prejudice goes further than required — it permanently extinguishes HyperQuery’s right to reassert these claims against The Access Technology Group on US9529918B2. The Court accepted the Notice and denied all remaining relief requests as moot.
FRCP 41(a)(1)(A)(i)HyperQuery exits permanently — no second bite at this defendant
By voluntarily dismissing with prejudice, HyperQuery forecloses any future infringement action against The Access Technology Group on this patent. The decision to accept prejudice (rather than seek a without-prejudice exit) is notable: it typically signals either a negotiated resolution has been reached privately, or the plaintiff concluded litigation against this specific defendant was not viable. The public record is silent on whether any payment changed hands.
Claims permanently extinguishedAccess Technology Group obtains finality — no ongoing exposure
The with-prejudice dismissal delivers meaningful legal certainty to The Access Technology Group: HyperQuery cannot revive these specific infringement claims. Combined with the each-party-bears-own-costs order, the defendant avoids any fee liability from this proceeding. However, US9529918B2 remains in force and could be asserted against other parties, so competitors operating in the app-download space should continue to monitor the patent’s enforcement history.
Defendant risk cleared for this suitPatent survives — broader enforcement risk remains for the sector
A with-prejudice dismissal resolves only this bilateral dispute. US9529918B2 is not invalidated, and HyperQuery retains the right to assert it against other defendants in the app-distribution and digital marketplace space. Companies building or distributing applications via communication networks should treat this case as a signal that the patent is actively being monetised and conduct FTO analysis accordingly.
Patent still live — sector alertFull 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 | The Access Technology Group Limited | Company | The Access Technology Group Limited — technology company targeted in app-distribution patent suitSearch 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 ↗ |
| Defendant counsel | Califf T. Cooper | Attorney | Counsel for The Access Technology Group LimitedSearch in Eureka ↗ |
| Defendant law firm | Osha Bergman Watanabe & Burton LLP | Law Firm | Representing The Access Technology Group LimitedSearch in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Texas Eastern District CourtSearch in Eureka ↗ |
Official order — verbatim text
The Court’s order accepts HyperQuery’s Rule 41(a)(1)(A)(i) notice and formally enters dismissal with prejudice — the strongest form of voluntary exit available to a plaintiff. The ‘each party bears own costs’ instruction is standard for consensual dismissals but confirms no fee-shifting award was made. Critically, the verdict does not address the merits of the infringement claims, leaving US9529918B2’s validity and scope fully intact. The denial of all other relief ‘as moot’ signals no counterclaims or contested motions were pending at the time of dismissal.
US9529918B2 — App download systems via communication network
US9529918B2 (application number US14/103500) covers systems and methods for downloading applications via a communication network. The patent sits in the digital application distribution domain — technology foundational to app stores, enterprise app-delivery platforms, and SDK-based download workflows. Its granted status means it carries presumptive validity, and no invalidity finding was made in this proceeding.
App-download architecture patents have proven durable enforcement vehicles for assertion entities because the claimed methods can map onto a wide range of commercial platforms — from consumer app stores to B2B enterprise software delivery systems. With US9529918B2 still in force and actively asserted, companies building or licensing app-distribution infrastructure face measurable exposure. A formal FTO analysis is warranted for any product that manages or facilitates application downloads over a network.
Should you run an FTO analysis against US9529918B2?
Any company operating an app store, enterprise mobility management platform, SDK distribution service, or cloud-based application delivery pipeline should assess exposure to US9529918B2. This case demonstrates active assertion intent by HyperQuery LLC. R&D and product teams building download managers, app catalogue systems, or over-the-air update mechanisms are especially relevant candidates for a freedom-to-operate review.
PatSnap Eureka’s FTO Search Agent allows IP and R&D teams to map their product architecture against the claim language of US9529918B2 in minutes — identifying design-around opportunities, prior art that could support a validity challenge, and whether the patent’s prosecution history narrows its scope. Proactive FTO analysis before receiving a demand letter is significantly cheaper than reactive litigation in E.D. Tex.
Run a freedom-to-operate analysis on US9529918B2 to assess your product’s exposure
Run FTO in Eureka →Similar app-download patent infringement cases in E.D. Tex.
Explore comparable patent infringement actions involving app-distribution and network-download technology filed in the Eastern District of Texas.
What this case signals for the app-distribution IP landscape
A rapid with-prejudice exit in E.D. Tex. by a patent assertion entity carries distinct strategic signals for the app-download technology sector.
With-prejudice exits often mask private resolutions — read the silence
When a plaintiff voluntarily dismisses with prejudice this early in litigation — before an answer was likely filed — it frequently indicates a confidential licence or lump-sum settlement. Companies operating in the app-distribution space should assume US9529918B2 is actively licensed and factor that into their IP strategy and budgeting.
E.D. Tex. remains a live venue risk for app-technology defendants
The Eastern District of Texas continues to attract NPE filings in software and app-delivery technology. This case’s 159-day lifecycle is shorter than typical E.D. Tex. patent matters, suggesting HyperQuery may be running a volume assertion programme. Defendants in this space should monitor for parallel filings and assess early defensive options.
HyperQuery v Access — key questions answered
The with-prejudice dismissal under FRCP 41(a)(1)(A)(i) permanently bars HyperQuery LLC from refiling infringement claims against The Access Technology Group based on US9529918B2. The Court accepted the plaintiff’s voluntary notice and denied all remaining relief as moot. No merits ruling was made, and the patent remains valid and enforceable against other parties.
Yes. A voluntary dismissal with prejudice resolves only the bilateral dispute between HyperQuery LLC and The Access Technology Group Limited. It does not invalidate or limit US9529918B2. The patent covering systems and methods for downloading applications via a communication network remains fully in force and may be asserted against other defendants.
The public record does not disclose the reason. Common explanations include: a confidential licence or settlement payment from the defendant, a strategic reassessment of claim viability, or a negotiated exit to avoid an adverse ruling. The choice of with-prejudice (rather than without-prejudice) dismissal suggests a final resolution was likely reached rather than a tactical retreat.
The Court’s dismissal order directed each party to bear its own costs, expenses, and attorneys’ fees. No fee award was made to either side. This is a standard provision in consensual voluntary dismissals and does not indicate any finding of misconduct or exceptional case status under 35 U.S.C. § 285.
The case was filed in the United States District Court for the Eastern District of Texas (Case No. 2:25-cv-00155). E.D. Tex. is a historically popular venue for NPE patent assertions due to its plaintiff-friendly reputation and efficient case management. Companies in the app-distribution technology sector should be aware that this venue continues to attract filings involving software and network-delivery patents.
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