Book a demo

Cut patent&paper research from weeks to hours with PatSnap Eureka AI!

Try now
Symbology Innovations v. Roche Diagnostics | QR/Barcode Patent Dismissal | PatSnap
Explore in Eureka
Case ID2:23-cv-00630
FiledDec 2023
ClosedJun 2024
Patent Litigation

Symbology Innovations v. Roche Diagnostics: Dismissed With Prejudice in 170 Days

Symbology Innovations asserted two QR/barcode-encoding patents against Roche Diagnostics GmbH’s NAVIFY Pass product in the Eastern District of Texas. The case ended in a with-prejudice dismissal after Symbology failed to file any response to Roche’s motion to dismiss — leaving both personal jurisdiction and failure-to-state-a-claim arguments entirely unopposed.

Resolution time
170days
170 days — resolved before most E.D. Tex. patent cases reach claim construction
Patents asserted
2
US8651369B2 and 1 further patent asserted (US8936190B2) — QR/barcode encoding technology
Outcome
Dismissed with Prejudice
Court granted unopposed Rule 12(b)(2)/(b)(6) motion; claims permanently barred
Cost ruling
Denied as Moot
All other pending relief requests denied as moot upon dismissal with prejudice
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

A patent troll playbook collapses: no response, no case, no second chance

Filed on 27 December 2023 in the Eastern District of Texas before Judge Rodney Gilstrap, this action saw Symbology Innovations, LLC — represented by Garteiser Honea PLLC — allege that Roche Diagnostics GmbH Ltd.’s NAVIFY Pass product directly infringed US8651369B2 and US8936190B2, two patents covering QR code and barcode encoding innovations. Roche was defended by Fish & Richardson LLP.

Roche moved to dismiss on 8 May 2024 under both Rule 12(b)(2) — arguing it lacked any meaningful contacts with Texas or the United States — and Rule 12(b)(6), contending the accused instrumentality was actually provided by a related entity, Roche Molecular Systems, Inc., not by the named defendant. Symbology’s response was due 23 May 2024 under local rules. No response was filed, no extension was sought, and the motion became formally unopposed. Judge Gilstrap granted the motion in full on 14 June 2024, ordering dismissal with prejudice.

A 170-day lifespan is notably short even by Eastern District standards, and the resolution suggests either a deliberate litigation strategy abandoned mid-stream or a resourcing failure by plaintiff’s counsel. Because the dismissal is with prejudice, Symbology cannot refile the same claims against Roche Diagnostics GmbH in any U.S. court. The public record does not reveal whether a settlement was reached in the background or why counsel chose not to respond — but the legal consequence is unambiguous and final.

Case at a glance
Case no.2:23-cv-00630
CourtTexas Eastern
JudgeRodney Gilstrap
FiledDecember 27, 2023
ClosedJune 14, 2024
Duration170 days
OutcomeDismissed with Prejudice
Verdict causeInfringement Action
BasisDismissed with Prejudice
Prior Art Intelligence
See what prior art exists on this patent.
Eureka scans millions of patents and papers to surface prior art that may have invalidated these claims before costly litigation begins.
Check Prior Art
Case data sourced from PACER / Texas Eastern District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

Filing to Dismissed with Prejudice in 170 days

170 days — resolved before most E.D. Tex. patent cases reach claim construction

Case timeline: Complaint filed DEC 27 2023, MAR–APR — 170 days total Horizontal timeline showing the three key events in Symbology Innovations, LLC v Roche Diagnostics Gmbh, Ltd. from filing to resolution. Source: PACER, Texas Eastern District Court. DEC 27 2023 Complaint filed Pre-trial proceedings JUN 14 2024 Dismissed with Prejudice 170 DAYS TOTAL
Dismissal terms

Dismissed with prejudice: what the ruling means for both parties

Legal mechanism

Unopposed Rule 12(b) motion triggers mandatory dismissal with prejudice

Under E.D. Tex. Local Rule CV-7(e), failure to oppose a motion within the prescribed period typically results in the court treating the motion as unopposed. Judge Gilstrap applied this rule strictly: having received no response, the court stated it had ‘little alternative but to grant’ the motion. Dismissal with prejudice under Rules 12(b)(2) and 12(b)(6) permanently extinguishes the plaintiff’s claims against this defendant.

Rules 12(b)(2) & 12(b)(6) — unopposed
Plaintiff outcome

With-prejudice dismissal forecloses any re-filing against Roche Diagnostics GmbH

A dismissal with prejudice operates as an adjudication on the merits, barring Symbology Innovations from asserting US8651369B2 or US8936190B2 against Roche Diagnostics GmbH in any subsequent action under res judicata principles. Symbology may still pursue claims against other defendants or related Roche entities — such as Roche Molecular Systems, Inc. — but the door to this specific defendant is permanently closed.

Res judicata bar applies
Defendant outcome

Roche Diagnostics GmbH exits cleanly — jurisdiction argument never tested on merits

Roche Diagnostics GmbH obtained dismissal without any merits adjudication of the infringement allegations. The court’s ruling rests on procedural default, not a finding that the patents are invalid or non-infringed. This outcome is highly favourable for Roche GmbH — it faces no damages exposure, no injunction risk, and no estoppel on patent validity. However, the underlying patents remain in force and could be asserted against Roche Molecular Systems or other entities.

No merits adjudication
Commercial implications

NAVIFY Pass cleared, but QR-code patent risk in diagnostics persists

The dismissal resolves Roche GmbH’s exposure but does not invalidate the asserted patents. US8651369B2 and US8936190B2 remain active and enforceable. Companies deploying QR/barcode-based digital pass or credentialing systems in healthcare and diagnostics — particularly where Roche Molecular or similar entities are involved — should assess FTO exposure. Symbology’s portfolio suggests a pattern of assertion across multiple technology verticals.

Patents remain enforceable
Legal analysis based on PACER docket records for case 2:23-cv-00630 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffSymbology Innovations, LLCCompanyPatent assertion entity — holder of US8651369B2 and US8936190B2 (QR/barcode encoding)Search in Eureka ↗
DefendantRoche Diagnostics Gmbh, Ltd.CompanyRoche Diagnostics GmbH Ltd. — diagnostics division of Roche Group; maker of NAVIFY PassSearch in Eureka ↗
Plaintiff counselChristopher A. HoneaAttorneyCounsel for Symbology Innovations, LLCSearch in Eureka ↗
Plaintiff law firmGarteiser Honea PLLCLaw FirmRepresenting Symbology Innovations, LLCSearch in Eureka ↗
Defendant counselAaron P PirouzniaAttorneyCounsel for Roche Diagnostics Gmbh, Ltd.Search in Eureka ↗
Defendant law firmFish & Richardson LLPLaw FirmRepresenting Roche Diagnostics Gmbh, Ltd.Search in Eureka ↗
Presiding judgeJudge Rodney GilstrapJudgeTexas Eastern District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“Before the Court is Defendant Roche Diagnostics GMBH Ltd.’s (“Defendant”) Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim (the “Motion”). (Dkt. No. 10.) In the Motion, Defendant requests that the Court dismiss with prejudice Plaintiff Symbology Innovations, LLC’s (“Plaintiff”) complaint under (1) Rule 12(b)(2) for lack of personal jurisdiction, and (2) Rule 12(b)(6) for failure to state a claim. (Id. at 1.) First, Defendant argues that it is not subject to general or specific jurisdiction in this Court. (Id. at 7–14.) With respect to general personal jurisdiction, Defendant argues that the complaint fails to “establish how [Defendant] purposefully directed any activities at Texas.” (Id. at 8.) Defendant further states that it “has never done business in Texas, has never had offices or employees in Texas, and has never paid any taxes or fees in Texas. It has no properties in Texas and directs no activities within the state.” (Id.) With respect to specific personal jurisdiction, Defendant argues that (1) it does not put any products into the stream of commerce in the United States, and (2) Plaintiff does not even attempt to impute the activities of Roche Molecular Systems, Inc. (“Roche Molecular”)—who purportedly provides the Accused Instrumentalities in the United Case 2:23-cv-00630-JRG Document 14 Filed 06/14/24 Page 1 of 3 PageID #: 148 2 States (id. at 1)—to Defendant. (Id. at 9–13.) Additionally, Defendant argues that it would not be reasonable or fair to “force [Defendant] to litigate [Plaintiff’s] claims in this unfamiliar forum.” (Id. at 13–14.) Finally, Defendant also argues that this Court does not have personal jurisdiction under Rule 4(k)(2) because Defendant lacks sufficient contacts with the United States. (Id. at 7, 12–13.) Second, Defendant argues that Plaintiff fails to state claims of direct infringement. (Id. at 14–16.) Specifically, Defendant argues that the complaint does not support direct infringement allegations, and that a “minimal investigation (e.g., looking at the Accused Instrumentality) would show that the provider of the Accused Instrumentality is actually Roche Molecular.” (Id. at 14.) Defendant filed the Motion on May 8, 2024. Under the Eastern District of Texas’s Civil Local Rules, Plaintiff’s Response to the Motion was due by May 23, 2024. CV-7(e). As Defendant explains in its Notice of Non-Opposition to Defendant Roche Diagnostics GmbH’s Motion to Dismiss, Plaintiff failed to file a response to the Motion or request an extension to respond to the Motion. (Dkt. No. 12 at 1.) The Motion is therefore unopposed. Having considered the Motion, and given its unopposed nature under this District’s Local Rules, the Court finds that it has little alternative but to grant the Motion. Accordingly, the Motion hereby is GRANTED, and as such, the Court ORDERS this case DISMISSED WITH PREJUDICE. All pending requests for relief in the above-captioned case not explicitly granted herein are DENIED AS MOOT. The Court further directs the Clerk to CLOSE the abovecaptioned case.”
Source: PACER Docket, Case 2:23-cv-00630, Texas Eastern District Court

The court’s order is terse by design: Judge Gilstrap acknowledged that the motion’s unopposed status under Local Rule CV-7(e) left the court with ‘little alternative’ but to grant dismissal. This phrasing signals a procedural rather than merits-based ruling — the court made no findings on personal jurisdiction or infringement. The with-prejudice designation, however, carries full preclusive effect: Symbology’s claims against Roche Diagnostics GmbH are permanently extinguished as a matter of law, even absent any substantive adjudication of the patent assertions.

PACER case 2:23-cv-00630 · Public docket record Explore in Eureka ↗
Patent at issue

US8651369B2 & US8936190B2 — QR code and barcode encoding technology

Publication No.US8651369B2
Application No.US13/868071
Patent details
ProductQR code and barcode encoding systems for digital information delivery
Cited in actionDecember 27, 2023

Publication No.US8936190B2
Application No.US14/181945
Patent details
ProductBarcode encoding methods and systems for URL and digital content distribution
Cited in actionDecember 27, 2023

US8651369B2 (application no. US13/868071) and US8936190B2 (application no. US14/181945) cover innovations in QR code and barcode encoding — specifically, systems and methods for encoding URLs or digital data into machine-readable optical codes for delivery via mobile or scanning devices. These patents sit at the intersection of optical code generation and mobile information access, a space that underpins digital credentialing, healthcare pass systems, and consumer product authentication.

The strategic value of this patent family lies in its breadth across QR/barcode-enabled digital pass and credentialing applications — precisely the category occupied by NAVIFY Pass. Any company deploying QR codes for patient identification, healthcare credentialing, or diagnostic workflow management should treat these patents as active risk vectors. Symbology’s litigation history suggests these patents are actively monetised across multiple industries, and the dismissal in this case resolves only Roche GmbH’s specific exposure.

Patent data sourced from USPTO via PatSnap Eureka patent database Search patent records in Eureka ↗
Freedom to operate

Should you run an FTO against US8651369B2 and US8936190B2?

If your product generates, encodes, or displays QR codes or barcodes to deliver URLs, credentials, or digital content — especially in healthcare, diagnostics, or mobile pass contexts — these two Symbology patents are directly relevant. The NAVIFY Pass use case illustrates that even enterprise healthcare software with QR-based access features falls within the asserted claim scope. Product and R&D teams building digital pass, patient ID, or workflow credentialing features should review their implementations against both patents before launch or expansion.

PatSnap Eureka’s FTO Search Agent can map the claim scope of US8651369B2 and US8936190B2 against your product architecture in minutes — identifying overlap, prosecution history estoppel, and prior art that may support design-around strategies. Eureka also surfaces the full Symbology Innovations assertion portfolio, enabling you to assess litigation risk not just against these two patents but across the entire family before you face a demand letter.

PatSnap Eureka FTO Search

Run a freedom-to-operate analysis on US8651369B2 to assess your product’s exposure

Run FTO in Eureka →
Related litigation

Similar QR/barcode patent assertion cases in E.D. Texas

Cases involving QR code and barcode-encoding patents asserted in the Eastern District of Texas against healthcare and technology defendants.

🔍
Access 40+ similar cases in PatSnap Eureka
Symbology Innovations, LLC patent enforcement history, Texas Eastern case history, Symbology Innovations, LLC’s full IP portfolio, and comparable case analysis
Symbology v. other defendantsE.D. Tex. 12(b)(2) dismissalsBarcode patent NPE actionsNAVIFY-adjacent patent risk
Unlock similar cases in Eureka →
Strategic implications

What this case signals for the QR/barcode patent assertion landscape

A with-prejudice dismissal on jurisdiction grounds is a warning for both asserters and targets of barcode-technology patents in E.D. Tex.

Entity selection matters: suing the wrong Roche entity was fatal to this claim

Roche’s motion highlighted that NAVIFY Pass was provided by Roche Molecular Systems, Inc. — not the named defendant, Roche Diagnostics GmbH. Plaintiffs asserting patents against multinational groups must rigorously map which legal entity distributes the accused product in the U.S. before filing. Naming the wrong entity invites a dismissal that can be with prejudice and permanent.

E.D. Tex. local rules create hard deadlines — missing them can end a case permanently

Eastern District Local Rule CV-7(e) imposes a strict 14-day response window for motions to dismiss. Symbology’s failure to respond — or even request an extension — is a cautionary reminder that E.D. Tex.’s procedural rules are enforced rigorously. Counsel must calendar motion deadlines with redundancy; even a well-founded infringement theory evaporates if the procedural opportunity to defend it is missed.

🔒
Full strategic analysis in PatSnap Eureka
Unlock full strategic analysis for QR/barcode patent assertions in E.D. Tex. district court, including Symbology’s filing history.
Symbology assertion mapRoche Molecular exposureRule 4(k)(2) defence playbook
Unlock full analysis →
Analysis powered by PatSnap Eureka Litigation Intelligence Explore in Eureka ↗
Frequently asked questions

Symbology v Roche — key questions answered

Still have questions? PatSnap Eureka can answer them instantly from patent and litigation data. Ask Eureka ↗
PatSnap Eureka

Monitor QR/barcode patent risk before a demand letter arrives

US8651369B2 and US8936190B2 remain enforceable against any product encoding QR codes for digital credentialing or pass systems. Run a PatSnap Eureka FTO analysis now to map your exposure and identify design-around opportunities.

Ask anything about this case.
PatSnap Eureka searches patents and litigation data to answer instantly.
Powered by PatSnap Eureka
Link copied to clipboard

Related Litigation Cases

Help us improve this page

Found incorrect or outdated information? Let us know and we'll get it fixed.