Valtrus Innovations v. Google LLC — Data Center Power Patent Stayed Pending IPR
Valtrus Innovations accused Google of infringing US7939967B2, a patent covering battery-based secondary power systems deployed in data centers. After Google filed an IPR petition challenging all asserted claims, Judge Karen Gren Scholer granted a stay — abating the Texas district court case entirely pending PTAB resolution, with trial still more than a year away.
Google’s IPR Gambit Halts Valtrus Data Center Power Patent Suit
Filed on December 27, 2024 in the Northern District of Texas before Judge Karen Gren Scholer, this case pits Valtrus Innovations Ltd. and Key Patent Innovations Limited against Google LLC over alleged infringement of US7939967B2. The patent-in-suit covers the use of batteries as a secondary power source in data center infrastructure — a technology directly relevant to Google’s large-scale data center operations. Valtrus, a patent assertion entity with portfolio roots in legacy HP and HPE technology, targeted Google’s data center power architecture as the accused product.
On June 13, 2025, Google filed a petition for inter partes review before the Patent Trial and Appeal Board, asserting that all claims of US7939967 are invalid as anticipated and/or obvious in light of prior art. The PTAB had not yet decided whether to institute the IPR when Google moved to stay the district court case. On September 5, 2025 — 252 days after filing — Judge Scholer granted the stay, abating and administratively closing the case. The court found all three standard stay factors favored Google: no undue prejudice to Valtrus, issue simplification potential, and an early procedural posture with no claim construction hearing or dispositive motions resolved.
The 252-day timeline to a full stay is consistent with early-stage IPR leverage strategies in the Northern District of Texas, where patent defendants increasingly deploy IPR petitions before claim construction to maximize simplification arguments. Notably, the court cited a prior Valtrus v. Google case from the same district (No. 3:22-CV-66-N) in its analysis — suggesting a pattern of litigation between these parties. What remains unknown from the public record is whether the PTAB will institute the IPR, how many claims survive, and whether the parties are engaged in parallel settlement discussions.
Filing to Case Stayed in 252 days
Case active for 252 days before being stayed — shorter than median N.D. Tex. patent trial timelines
Case stayed pending IPR: what the abatement means for both parties
What a stay pending IPR actually means
A stay pending inter partes review is a discretionary procedural tool that pauses district court litigation while the PTAB evaluates patent validity. The case is not dismissed — it is administratively closed, meaning all claims remain live and the court retains jurisdiction. Resolution depends entirely on the PTAB timeline, typically 12–18 months from institution. If claims are cancelled, the litigation may effectively end; if claims survive, the case resumes.
Case abated, not dismissedValtrus faces enforceability risk at the PTAB
For Valtrus, the stay is a setback in timing but not a final determination. The PTAB must first decide whether to institute review — institution is not guaranteed. However, Google’s IPR petition covers all asserted claims, meaning a successful IPR could eliminate the entire basis for the district court suit. Valtrus will have the opportunity to respond before the PTAB and may amend claims, but the burden of demonstrating patentability shifts in inter partes proceedings.
All claims at PTAB riskGoogle’s IPR timing reflects a calculated early-stage play
Google filed its IPR petition approximately six months into litigation — before claim construction, before discovery closed, and well before trial. This timing is strategically optimal: it maximises the ‘simplification of issues’ factor courts weigh when ruling on stay motions. By covering all asserted claims in the IPR petition, Google ensured the district court could not easily find the stay only partially helpful. The approach mirrors tactics Google and other hyperscalers use to neutralise patent assertion entity suits.
Pre-Markman IPR strategyData center power IP enforcement faces PTAB validity headwinds
This stay signals that battery-based data center power patents — an area of growing commercial relevance as AI infrastructure demands surge — remain vulnerable to IPR challenge even when asserted by entities with established HP/HPE portfolio lineage. For competitors and suppliers in the data center power supply chain, the PTAB outcome on US7939967 will inform freedom-to-operate assessments. A cancellation of claims would reduce licensing leverage across this patent family.
FTO implications for data center sectorFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Valtrus Innovations, Ltd. | Company | Patent assertion entity — holder of US7939967B2, data center power systemsSearch in Eureka ↗ |
| Defendant | Google, LLC | Company | Google LLC — global technology company; accused via data center battery power infrastructureSearch in Eureka ↗ |
| Plaintiff counsel | Amy Elizabeth Proctor | Attorney | Counsel for Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Andrew Jeffrey Strabone | Attorney | Counsel for Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Connor R He-Schaefer | Attorney | Counsel for Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Erick Roger Franklund | Attorney | Counsel for Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Gregory P. Love | Attorney | Counsel for Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Jason G. Sheasby | Attorney | Counsel for Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Plaintiff counsel | Paul D. Stickney | Attorney | Counsel for Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Plaintiff law firm | Irell & Manella LLP | Law Firm | Representing Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Plaintiff law firm | Irell & Manuella LLP | Law Firm | Representing Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Plaintiff law firm | Steckler Wayne & Love PLLC | Law Firm | Representing Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Plaintiff law firm | Stickney Mediations, PLLC | Law Firm | Representing Valtrus Innovations, Ltd.Search in Eureka ↗ |
| Defendant counsel | Antonio Sistos | Attorney | Counsel for Google, LLCSearch in Eureka ↗ |
| Defendant counsel | Celine Jimenez Crowson | Attorney | Counsel for Google, LLCSearch in Eureka ↗ |
| Defendant counsel | Chelsea Ann Till | Attorney | Counsel for Google, LLCSearch in Eureka ↗ |
| Defendant counsel | David A. Perlson | Attorney | Counsel for Google, LLCSearch in Eureka ↗ |
| Defendant counsel | Joshua David Lang | Attorney | Counsel for Google, LLCSearch in Eureka ↗ |
| Defendant counsel | Julia Annette Simon | Attorney | Counsel for Google, LLCSearch in Eureka ↗ |
| Defendant counsel | Michael K. Hurst | Attorney | Counsel for Google, LLCSearch in Eureka ↗ |
| Defendant law firm | Hogan Lovells US LLP | Law Firm | Representing Google, LLCSearch in Eureka ↗ |
| Defendant law firm | Lynn Pinker Hurst Schwegmann LLP | Law Firm | Representing Google, LLCSearch in Eureka ↗ |
| Presiding judge | Judge Karen Gren Scholer | Judge | Texas Northern District CourtSearch in Eureka ↗ |
Official order — verbatim text
The court’s stay order turns on a straightforward application of the three-factor test used across the Northern District of Texas. Judge Scholer found that delay alone does not constitute undue prejudice to Valtrus — a finding consistent with established N.D. Tex. precedent. The simplification factor was satisfied because Google’s IPR covers all asserted claims, even if Valtrus argued the district court invalidity theories were broader. The early procedural posture — no claim construction, no dispositive motions, discovery eight months from close — made this a textbook case for granting a stay. The administrative closure means the docket is paused, not terminated.
US7939967B2 — Battery Secondary Power Systems for Data Centers
US7939967B2 (application number US12/491773) relates to the use of batteries as a secondary power source within data center environments — a foundational aspect of uninterruptible power supply and backup power architecture. The patent originates from the HP/HPE portfolio lineage, reflecting engineering developed during HP’s era of large-scale enterprise computing infrastructure. Its claims cover the configuration and management of battery-based backup power systems integrated into data center design, a technology now central to hyperscale cloud operations.
As AI workloads and cloud infrastructure demand intensify, data center power reliability and backup architecture have become commercially critical. US7939967 targets a segment of this infrastructure that is ubiquitous among hyperscalers including Google, Microsoft, and Amazon. The patent’s assertion by Valtrus — a vehicle for monetising legacy HP/HPE IP — against Google’s data center fleet suggests it may also be relevant to other large-scale operators. PTAB validity proceedings will determine whether these claims survive the prior art landscape of the early 2000s data center power era.
Should you run an FTO against US7939967B2?
Any organisation designing, deploying, or supplying battery-based backup power systems for data centers — including UPS vendors, colocation operators, hyperscalers, and enterprise IT infrastructure teams — should assess their exposure to US7939967B2. The patent’s claims, as asserted against Google’s data center fleet, suggest broad applicability to commercially standard data center power architectures. The PTAB proceedings may narrow or cancel claims, but until a final written decision issues, the patent remains enforceable.
PatSnap Eureka’s FTO Search Agent allows IP and R&D teams to map their product architecture against the claim scope of US7939967B2, identify prior art that may support design-around strategies, and track the PTAB proceeding in real time. Eureka can surface related patents in the Valtrus portfolio and flag claim language that overlaps with your data center power supply specifications — enabling proactive risk management before an assertion letter arrives.
Run a freedom-to-operate analysis on US7939967B2 to assess your product’s exposure
Run FTO in Eureka →Similar Data Center Power Patent Cases in the Northern District of Texas
Explore related patent infringement suits involving data center infrastructure and battery power systems litigated in the Northern District of Texas.
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 Google data centers that use batteries as a second power source-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.
DecidedValtrus Innovations, Ltd.’s broader IP enforcement history
Valtrus Innovations, Ltd.’s full litigation history covering prior enforcement, licensing activity, and inter partes review proceedings.
Portfolio viewWhat this case signals for the data center infrastructure IP landscape
The stay order in Valtrus v. Google reflects a broader pattern: IPR petitions are becoming the primary defense mechanism against data center patent assertions.
Pre-Markman IPR petitions are now standard defense strategy in Texas
Google filed its IPR petition before claim construction, before discovery closed, and well before trial — and the court rewarded that timing with a full stay. Patent defendants in N.D. Texas should treat early IPR filing as a threshold step, not a fallback. Waiting until after claim construction reduces the simplification argument and weakens the stay motion.
PAE suits over legacy infrastructure patents face elevated PTAB risk
Battery secondary power systems in data centers have been commercially deployed for decades. Legacy HP/HPE portfolio patents covering such architectures are likely to face substantial prior art challenges at the PTAB. Any company licensing or defending against such patents should conduct a thorough prior art search before engaging on royalty terms.
The prior Valtrus v. Google case creates a litigation pattern worth monitoring
Judge Scholer cited Valtrus v. Google No. 3:22-CV-66-N in her stay analysis — indicating this is at least the second N.D. Texas case between these parties. Serial litigation by the same plaintiff in the same district against the same defendant typically signals a broader licensing campaign. Tracking the full Valtrus portfolio against Google’s data center IP position is strategically valuable for hyperscalers and their suppliers.
PTAB institution decision will reset the litigation clock — and the leverage map
If the PTAB institutes IPR on US7939967, Valtrus’s settlement leverage drops significantly during the 12–18 month review window. If the PTAB declines institution, the district court case will resume — likely with Valtrus in a stronger negotiating position and a trial date that could be accelerated. Monitoring the institution decision is a material event for anyone tracking this dispute.
Valtrus v Google — key questions answered
The stay order administratively closes the district court case while Google’s inter partes review petition for US7939967B2 is pending before the PTAB. The case is not dismissed — all claims remain live. The court found all three stay factors favored Google: no undue prejudice to Valtrus, potential simplification of issues, and an early procedural posture with no claim construction or dispositive motion rulings yet made.
The patent at issue is US7939967B2 (application no. US12/491773), which covers battery-based secondary power source systems used in data centers. The patent originates from the HP/HPE technology portfolio and is asserted by Valtrus Innovations, a patent assertion entity. Google’s accused products are its data center installations that use batteries as a secondary power source.
Yes. Google filed an IPR petition on June 13, 2025, asserting that all patent claims of US7939967B2 are invalid as anticipated and/or obvious in light of prior patents. As of the stay order dated September 5, 2025, the PTAB had not yet decided whether to institute the IPR. The petition covers all asserted claims, which was a key factor in the court granting the stay.
No. Judge Scholer’s stay order expressly cited a prior case — Valtrus Innovations Ltd. v. Google LLC, No. 3:22-CV-66-N (N.D. Tex. Nov. 2, 2022) — in its legal analysis, suggesting this is at least the second patent infringement action between these parties in the Northern District of Texas. This prior case history suggests a broader licensing or enforcement campaign by Valtrus against Google’s infrastructure portfolio.
The district court case remains administratively closed until the PTAB resolves Google’s IPR petition for US7939967B2. The parties are ordered to file a status report within two weeks of the PTAB’s decision. If the PTAB cancels all asserted claims, the case will likely be dismissed. If claims survive in whole or part, the district court case is expected to reopen — potentially with a revised claim scope and a reset litigation schedule.
Monitor the US7939967 IPR before the litigation clock restarts
The PTAB’s institution decision on Google’s IPR will materially reset the risk profile for this case and for the broader data center power IP market. Use PatSnap Eureka to track the proceeding, map claim scope, and identify FTO exposure across your infrastructure portfolio before the district court case reopens.
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