Integra Mission Critical v. Cummings Electrical — Remanded to Texas State Court in 16 Days
Integra Mission Critical, LLC filed an infringement action against Cummings Electrical, LP over US11744047B2, a patent covering air energy storage powered uninterruptible power supply systems. The federal court dismissed Cummings Electrical’s declaratory judgment action without prejudice and remanded all remaining claims to the 116th Judicial Court, Dallas, Texas — resolving the federal jurisdictional question in just 16 days.
Federal jurisdictional contest resolved in 16 days — UPS patent fight moves to Dallas state court
On January 30, 2024, Integra Mission Critical, LLC filed an infringement action in the Northern District of Texas against Cummings Electrical, LP, asserting US11744047B2 — a patent covering air energy storage powered uninterruptible power supply (UPS) systems. Cummings Electrical, an electrical contractor operating in Texas, had apparently sought to establish federal jurisdiction, likely via a declaratory judgment counterclaim, before the matter was tested on jurisdictional grounds.
The court issued an order on February 5, 2024, prompting both sides to brief the jurisdictional question. Integra filed a Motion to Remand to State Court on February 9, and Cummings Electrical filed a brief in support of federal jurisdiction on February 12. By February 15, the court granted Integra’s motion: Cummings Electrical’s declaratory judgment action was dismissed without prejudice, and all remaining claims and counterclaims were remanded to the 116th Judicial Court, Dallas, Texas.
The 16-day federal lifespan of this case is notable — it reflects a clean jurisdictional dispute rather than a merits contest. The rapid resolution suggests the court found no sufficient basis for federal subject-matter jurisdiction. What remains unknown is the current posture of the litigation in Dallas state court, any settlement discussions, and the full scope of claims Integra is pursuing. The substantive infringement question concerning US11744047B2 remains unresolved in the public record.
Filing to voluntary dismissal in 16 days
16 days — among the fastest federal dispositions in Texas patent cases
Federal declaratory judgment dismissed; infringement claims remanded to Dallas state court
Why the case was remanded rather than decided
A remand occurs when a federal court determines it lacks proper subject-matter jurisdiction over a case. Here, the court granted Integra’s Motion to Remand, indicating that Cummings Electrical had not established a sufficient basis for federal jurisdiction — most likely because the declaratory judgment action did not raise a genuine federal question or meet diversity requirements as structured.
Jurisdiction — remand to state courtDismissed without prejudice — Cummings can refile the DJ claim
The declaratory judgment action filed by Cummings Electrical was dismissed without prejudice, meaning it was not decided on the merits and Cummings retains the right to refile that claim under appropriate circumstances. This is a procedural outcome, not a substantive loss. The underlying infringement dispute between the parties is still live — it has simply moved to the 116th Judicial Court in Dallas, Texas.
Without prejudice — refiling possibleInfringement merits will be tested in Dallas state court
All remaining claims and counterclaims — including Integra’s core infringement allegations concerning US11744047B2 — continue in the 116th Judicial Court, Dallas, Texas. State court patent proceedings are less common and can involve different procedural timelines than federal district courts. The outcome of the Dallas proceeding will determine whether Cummings Electrical is found to infringe the asserted UPS patent.
Litigation continues in DallasJurisdictional maneuvering suggests contested venue strategy
The fact that Cummings Electrical filed a brief actively supporting federal jurisdiction — rather than consenting to remand — suggests the defendant believed federal court offered a more favourable forum, possibly for invalidity or declaratory judgment purposes. Integra’s successful remand motion keeps the dispute in a Texas state venue, which may be perceived as more plaintiff-friendly or better aligned with Integra’s litigation strategy.
Venue strategy — plaintiff prevailedFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Integra Mission Critical, LLC | Company | Mission-critical power technology company — holder of US11744047B2Search in Eureka ↗ |
| Defendant | Cummings Electrical, LP | Company | Texas-based electrical contractor, Cummings Electrical, LPSearch in Eureka ↗ |
| Plaintiff counsel | Dale Owen Fresch | Attorney | Counsel for Integra Mission Critical, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Richard Anderson Sessions | Attorney | Counsel for Integra Mission Critical, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Stephanie H. Cook | Attorney | Counsel for Integra Mission Critical, LLCSearch in Eureka ↗ |
| Defendant counsel | George R. Schultz | Attorney | Counsel for Cummings Electrical, LPSearch in Eureka ↗ |
| Defendant counsel | Michael E. Hassett | Attorney | Counsel for Cummings Electrical, LPSearch in Eureka ↗ |
| Defendant counsel | Stephen D. Harrison | Attorney | Counsel for Cummings Electrical, LPSearch in Eureka ↗ |
| Presiding judge | Judge / | Chief Judge | Texas Northern District Court — Chief JudgeSearch in Eureka ↗ |
Stipulation of dismissal — official text
The court’s order is procedural rather than substantive — it resolves only the question of which court should hear the case, not whether infringement occurred. By granting the remand and dismissing Cummings Electrical’s declaratory judgment action without prejudice, the federal court left all merits questions entirely open. Neither party has won or lost on the underlying patent claims. The phrasing ‘without prejudice’ is significant: Cummings Electrical retains the right to re-raise its declaratory judgment arguments in an appropriate forum.
US11744047B2 — Air Energy Storage Powered Uninterruptible Power Supply
US11744047B2 (application number US17/652074) protects an air energy storage powered uninterruptible power supply system — a technology that uses compressed or stored air as the energy medium for power continuity, as opposed to conventional electrochemical battery systems. This represents a distinct and emerging approach within the broader UPS and distributed energy storage market, with relevance to data centres, industrial facilities, and other mission-critical infrastructure applications that demand high reliability and potentially reduced chemical hazard profiles compared to lithium-ion alternatives.
Strategically, this patent positions Integra Mission Critical, LLC in a niche but commercially significant segment of the power continuity market. As data centre operators and industrial buyers increasingly evaluate alternatives to battery-based UPS systems — driven by sustainability mandates, safety concerns, and total cost of ownership — air energy storage technology is likely to attract more competitive activity. US11744047B2 could serve as a foundational IP asset in that space, and the decision to enforce it against an electrical contractor suggests Integra is willing to pursue infringement broadly across the deployment chain.
Should you run an FTO against US11744047B2?
Any company designing, manufacturing, distributing, or installing uninterruptible power supply systems that incorporate non-battery energy storage — including compressed air, pneumatic, or hybrid air-based mechanisms — should assess exposure to US11744047B2. The enforcement of this patent against a downstream electrical contractor signals that Integra is not limiting its claims to direct competitors. OEMs, system integrators, and electrical contractors active in mission-critical power installations in Texas and beyond should treat this patent as a live FTO risk.
PatSnap Eureka’s FTO Search Agent allows R&D and IP teams to map the claims of US11744047B2 against their product architecture and identify freedom-to-operate risks before they escalate to litigation. Eureka can also monitor for continuation filings, related patent families, and new assertions tied to Integra Mission Critical’s portfolio — giving procurement and product teams early warning if claim scope expands into adjacent UPS and energy storage designs.
Run a freedom-to-operate analysis on US11744047B2 to assess your product’s exposure
Run FTO in Eureka →Similar patent cases in UPS, energy storage, and power continuity technology
PatSnap Eureka tracks related litigation across truck body equipment, vehicle accessories, and comparable infringement actions in the Georgia district system.
What this case signals for the mission-critical power IP landscape
A fast federal remand in a UPS patent dispute highlights the growing importance of jurisdictional strategy in emerging energy storage IP enforcement.
Air energy storage UPS patents are entering active enforcement
US11744047B2 represents a newer class of power continuity technology moving beyond traditional battery-based UPS systems. Integra’s willingness to litigate against an electrical contractor — not just a direct competitor — suggests an enforcement-forward IP strategy that product teams and distributors in the mission-critical power sector should monitor closely.
Federal vs. state court forum matters in patent enforcement
This case is an uncommon example of patent infringement claims proceeding in state court following a failed federal removal. Companies facing infringement claims should evaluate not just the merits, but where those claims can and will be heard — forum selection can materially affect discovery scope, timelines, and invalidity defences available to defendants.
Integra v Cummings — key questions answered
The Northern District of Texas remanded the case to the 116th Judicial Court, Dallas, Texas after 16 days. Cummings Electrical’s declaratory judgment action was dismissed without prejudice. All remaining infringement claims under US11744047B2 continue in Dallas state court. No merits ruling was issued.
US11744047B2 (application US17/652074) is the asserted patent. It covers an air energy storage powered uninterruptible power supply system — a power continuity technology using stored air rather than conventional electrochemical batteries. The patent is held by plaintiff Integra Mission Critical, LLC.
The federal case resolved in 16 days because the court granted Integra’s Motion to Remand, finding that Cummings Electrical had not established sufficient federal subject-matter jurisdiction. The dismissal was procedural — Cummings Electrical’s declaratory judgment action was dismissed without prejudice, and all substantive claims were sent to Texas state court.
Dismissed without prejudice means the declaratory judgment action filed by Cummings Electrical was not decided on the merits. Cummings retains the right to refile that action in a court with proper jurisdiction. It is not a finding of infringement or non-infringement, and does not prevent Cummings from raising defences in the ongoing Dallas state court proceedings.
Following the February 15, 2024 federal order, all remaining claims and counterclaims were remanded to the 116th Judicial Court, Dallas, Texas. The substantive infringement question concerning US11744047B2 is being litigated in that state court forum. The federal docket in the Northern District of Texas is closed.
PatSnap Eureka searches patents and litigation data to answer instantly.