Random Chat, LLC v. Lowe’s Companies — Dismissed With Prejudice After 302 Days
Random Chat, LLC asserted US8402099B2 — a patent covering TCP/IP and UDP-based multimedia communication methods — against retail giant Lowe’s Companies in the Western District of Texas. The plaintiff voluntarily dismissed all claims with prejudice under Rule 41(a)(1)(A)(i) on July 23, 2025, before Lowe’s had filed any answer or motion for summary judgment.
TCP/IP Communication Patent Suit Against Lowe’s Ends Before Defence Filed
On September 25, 2024, Random Chat, LLC filed suit against Lowe’s Companies, Inc. in the Western District of Texas (Case No. 7:24-cv-00243), asserting infringement of US8402099B2. The patent, filed under application number US12/675046, claims methods for carrying out multimedia communications over network protocols — specifically TCP/IP and UDP. The case was brought by Ramey LLP, a firm known for frequent patent enforcement activity in Texas federal courts.
On July 23, 2025, Random Chat filed a Notice of Voluntary Dismissal With Prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Because Lowe’s had not yet served an answer or a motion for summary judgment, the notice was self-effectuating — no court order was required to terminate the case. The court confirmed the dismissal the following day, with each party ordered to bear its own costs, expenses, and attorney fees. The with-prejudice designation means Random Chat is permanently barred from re-asserting these claims against Lowe’s.
The 302-day duration and the early-stage dismissal — before any substantive pleading from the defence — is consistent with a pattern seen in pre-answer patent assertions where no settlement or licensing agreement is publicly disclosed. The public record does not reveal whether a private resolution was reached. The self-effectuating nature of the Rule 41(a)(1)(A)(i) notice means no judicial findings were made on the merits of the infringement or validity of US8402099B2.
Filing to Voluntary dismissal in 302 days
302 days from filing to dismissal — resolved before any substantive defence response was filed
Dismissed with prejudice: what the Rule 41 exit means for both parties
Rule 41(a)(1)(A)(i): self-effectuating dismissal before any defence response
Rule 41(a)(1)(A)(i) permits a plaintiff to dismiss an action unilaterally — without a court order — by filing a notice before the defendant serves an answer or summary judgment motion. Because Lowe’s had not filed either, Random Chat’s notice automatically terminated the case. No judicial findings on infringement or patent validity were made. The court’s role was confirmatory only.
No merits adjudicationWith prejudice forecloses any future re-filing against Lowe’s
Random Chat chose to dismiss with prejudice, meaning the claims are extinguished permanently as against Lowe’s. A without-prejudice dismissal would have preserved the right to re-file. The with-prejudice designation here — voluntarily chosen by the plaintiff — functions as a final adjudication on the merits for res judicata purposes, giving Lowe’s a durable legal shield against re-assertion of US8402099B2 by this plaintiff.
Permanent bar on re-filingLowe’s exits the case without filing a single defence pleading
Lowe’s Companies achieved a complete dismissal with prejudice without serving an answer, a motion to dismiss, or a motion for summary judgment. No validity challenge to US8402099B2 was litigated. The each-party-bears-own-costs order means Lowe’s incurred no fee-shifting liability. However, the absence of an invalidity ruling leaves US8402099B2 technically intact as an enforceable patent.
Defence resolved pre-answerPatent survives: US8402099B2 remains enforceable against other targets
The dismissal does not affect the validity or enforceability of US8402099B2 against third parties. Other companies operating TCP/IP or UDP-based multimedia communication platforms — including retail, e-commerce, and technology sectors — remain potential targets. The Ramey LLP filing pattern suggests this patent may have been or may continue to be asserted more broadly. Companies in the digital communication space should treat this patent as live risk.
Patent remains live riskFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Random Chat, LLC | Company | Patent assertion entity — holder of US8402099B2 covering TCP/IP multimedia communication methodsSearch in Eureka ↗ |
| Defendant | Lowe’s Companies, Inc. | Company | Lowe’s Companies, Inc. — major US home improvement and retail chainSearch in Eureka ↗ |
| Plaintiff counsel | Jeffrey Eugene Kubiak | Attorney | Counsel for Random Chat, LLCSearch in Eureka ↗ |
| Plaintiff counsel | William P. Ramey , III | Attorney | Counsel for Random Chat, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Ramey LLP | Law Firm | Representing Random Chat, LLCSearch in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Texas Western District CourtSearch in Eureka ↗ |
Official order — verbatim text
The court’s order confirms that Random Chat’s Rule 41(a)(1)(A)(i) notice was self-effectuating — no substantive judicial review occurred. The with-prejudice designation, chosen by the plaintiff rather than imposed by the court, extinguishes Random Chat’s right to re-assert these specific claims against Lowe’s. Critically, the order makes no finding on the validity, scope, or infringement of US8402099B2, leaving the patent’s enforceability against third parties wholly unaffected by this proceeding.
US8402099B2 — TCP/IP and UDP Multimedia Communication Method
US8402099B2, filed under application number US12/675046, protects a method for carrying out multimedia communications using internet protocols — specifically TCP/IP and UDP. These foundational internet transport protocols underpin virtually all real-time digital communication, from video conferencing and VoIP to web-based chat and streaming media. The patent’s claim to a specific method of orchestrating multimedia sessions over these ubiquitous protocols gives it potentially broad reach across consumer and enterprise communication technologies.
From a strategic standpoint, a patent covering multimedia communication methods over TCP/IP and UDP occupies commercially significant territory. The proliferation of embedded chat, video call, and co-browsing features in retail, healthcare, and financial services platforms means a large number of potential infringement targets exist. The fact that this patent was asserted against a major home improvement retailer — whose digital customer engagement tools may include real-time communication features — illustrates the breadth of potential exposure. Companies building or deploying such features should assess claim scope carefully.
Should your product team run an FTO against US8402099B2?
Any organisation deploying real-time multimedia communication features — including embedded video chat, VoIP customer support, live co-browsing, or WebRTC-based tools — over TCP/IP or UDP protocols should treat US8402099B2 as a live FTO concern. The dismissal of this case does not constitute an invalidity ruling. If your platform, app, or retail customer engagement tool uses these protocols to carry multimedia sessions, a freedom-to-operate review is warranted before further product development or deployment.
PatSnap Eureka’s FTO Search Agent can map the claim limitations of US8402099B2 against your product architecture, identify prior art that could inform an invalidity argument, and surface any related continuation or family patents that may broaden exposure. Eureka can also monitor future assertion activity tied to this patent or its owner, giving your legal and product teams early warning of any re-assertion campaign targeting your sector.
Run a freedom-to-operate analysis on US8402099B2 to assess your product’s exposure
Run FTO in Eureka →Similar TCP/IP Communication Patent Cases in the Western District of Texas
Explore patent infringement cases involving network communication protocol patents filed in the Western District of Texas, including comparable Ramey LLP-led assertions.
Related patent case — similar technology
Comparable case in the same technology domain. Patent holder and defendant reached resolution after proceedings.
SettledRelated infringement action — same court
Comparable Method for carrying out a multimedia communication based on a network protocol, particularly TCP/IP and/or UDP-adjacent infringement action. Patent enforcement dynamics analysed in depth.
Active · District CourtRelated invalidity challenge — appellate outcome
Combined invalidity and infringement action in the same technology space. Decided after substantive proceedings.
DecidedRandom Chat, LLC’s broader IP enforcement history
Random Chat, LLC’s full litigation history covering prior enforcement, licensing activity, and inter partes review proceedings.
Portfolio viewWhat this case signals for the network communication patent IP landscape
A pre-answer dismissal with prejudice by Ramey LLP raises questions about assertion strategy and the enforceability outlook for US8402099B2.
Pre-answer dismissals with prejudice often signal a private resolution or shifted strategy
When a plaintiff voluntarily dismisses with prejudice before the defendant files any response, it typically signals either a private licensing agreement, a strategic recalibration, or an assessment that litigation economics no longer favour prosecution. The public record is silent on terms. Companies monitoring this patent should not treat the dismissal as a signal that the patent is abandoned.
US8402099B2 remains a live enforcement asset — no invalidity ruling was obtained
No IPR, inter partes review, or district court invalidity finding has been issued against US8402099B2 based on the public record of this case. Businesses deploying TCP/IP or UDP-based multimedia communication methods — particularly in retail technology, customer engagement, or video chat platforms — should conduct a freedom-to-operate analysis against this patent.
Ramey LLP filing patterns: assessing the broader assertion campaign risk
Ramey LLP has a documented history of multi-defendant assertion campaigns in the Western District of Texas. The pre-answer resolution here, combined with the firm’s filing profile, suggests US8402099B2 may be part of a wider licensing programme. Identifying co-defendants or parallel filings against other companies in the same technology sector can inform negotiating posture and litigation readiness.
Claim scope of US8402099B2: where the infringement exposure is concentrated
The patent covers methods for multimedia communication over TCP/IP and UDP protocols — broad technical territory that potentially encompasses video conferencing tools, VoIP systems, and real-time customer chat embedded in retail or e-commerce platforms. Understanding the specific claim limitations is critical for any product team operating in this space before drawing a clearance conclusion.
Random v Lowe’s — key questions answered
It means Random Chat, LLC is permanently barred from reasserting the same claims based on US8402099B2 against Lowe’s Companies. The with-prejudice designation functions as a final adjudication on the merits for res judicata purposes, even though no infringement or validity finding was made by the court. Lowe’s faces no further litigation risk from Random Chat on this patent.
No. The case was dismissed voluntarily before Lowe’s filed any answer or summary judgment motion. No judicial finding was made on the validity, scope, or infringement of US8402099B2. The patent remains issued and enforceable against third parties. Companies in the TCP/IP multimedia communication space should not treat this dismissal as an invalidity ruling.
The public record does not disclose the reason. Voluntary dismissals with prejudice at this early stage — before any defence pleading — are consistent with a private settlement or licensing arrangement, a strategic decision to conserve litigation resources, or a reassessment of the case’s merits. No settlement terms have been publicly disclosed. The each-party-bears-own-costs order suggests no fee-shifting occurred.
Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer or a motion for summary judgment. Because Lowe’s had not filed either, Random Chat’s notice was self-effectuating and terminated the case automatically. The court’s subsequent order was confirmatory only and required no independent judicial action.
US8402099B2 claims methods for multimedia communication over TCP/IP and UDP protocols — technical infrastructure that underpins many real-time digital tools including embedded web chat, VoIP customer support lines, and video assistance features. Whether any specific retail product infringes requires a detailed claim construction analysis. Organisations deploying such features should conduct a formal freedom-to-operate review against the patent’s specific claim limitations.
Stay ahead of TCP/IP communication patent assertions with PatSnap
US8402099B2 remains enforceable and no invalidity ruling was obtained in this case. Use PatSnap Eureka to run an FTO analysis, monitor new assertion activity, and track the patent’s litigation history across all US proceedings.
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