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Valtrus Innovations v. Google LLC (3:24-cv-03249) — UPS Patent Stay | PatSnap
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Case ID3:24-cv-03249
FiledDec 2024
ClosedSep 2025
Patent Litigation

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.

Resolution time
252days
Case active for 252 days before being stayed — shorter than median N.D. Tex. patent trial timelines
Patents asserted
1
US7939967B2 — battery secondary power source systems for data centers
Outcome
Case Stayed
Case abated and administratively closed pending IPR outcome at the PTAB
Cost ruling
N/A
No costs ruling issued — case stayed before any dispositive or merits rulings
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

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.

Case at a glance
Case no.3:24-cv-03249
DefendantGoogle, LLC
CourtTexas Northern
JudgeKaren Gren Scholer
FiledDecember 27, 2024
ClosedSeptember 5, 2025
Duration252 days
OutcomeCase Stayed
Verdict causeInfringement Action
BasisCase Stayed
Prior Art Intelligence
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Case data sourced from PACER / Texas Northern District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

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 timeline: Complaint filed DEC 27 2024, MAY–JUN — 252 days total Horizontal timeline showing the three key events in Valtrus Innovations, Ltd. v Google, LLC from filing to resolution. Source: PACER, Texas Northern District Court. DEC 27 2024 Complaint filed Pre-trial proceedings SEP 5 2025 Case Stayed 252 DAYS TOTAL
Stay order

Case stayed pending IPR: what the abatement means for both parties

Legal mechanism

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 dismissed
Patent holder impact

Valtrus 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 risk
Defendant strategy

Google’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 strategy
Commercial implications

Data 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 sector
Legal analysis based on PACER docket records for case 3:24-cv-03249 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffValtrus Innovations, Ltd.CompanyPatent assertion entity — holder of US7939967B2, data center power systemsSearch in Eureka ↗
DefendantGoogle, LLCCompanyGoogle LLC — global technology company; accused via data center battery power infrastructureSearch in Eureka ↗
Plaintiff counselAmy Elizabeth ProctorAttorneyCounsel for Valtrus Innovations, Ltd.Search in Eureka ↗
Plaintiff counselAndrew Jeffrey StraboneAttorneyCounsel for Valtrus Innovations, Ltd.Search in Eureka ↗
Plaintiff counselConnor R He-SchaeferAttorneyCounsel for Valtrus Innovations, Ltd.Search in Eureka ↗
Plaintiff counselErick Roger FranklundAttorneyCounsel for Valtrus Innovations, Ltd.Search in Eureka ↗
Plaintiff counselGregory P. LoveAttorneyCounsel for Valtrus Innovations, Ltd.Search in Eureka ↗
Plaintiff counselJason G. SheasbyAttorneyCounsel for Valtrus Innovations, Ltd.Search in Eureka ↗
Plaintiff counselPaul D. StickneyAttorneyCounsel for Valtrus Innovations, Ltd.Search in Eureka ↗
Plaintiff law firmIrell & Manella LLPLaw FirmRepresenting Valtrus Innovations, Ltd.Search in Eureka ↗
Plaintiff law firmIrell & Manuella LLPLaw FirmRepresenting Valtrus Innovations, Ltd.Search in Eureka ↗
Plaintiff law firmSteckler Wayne & Love PLLCLaw FirmRepresenting Valtrus Innovations, Ltd.Search in Eureka ↗
Plaintiff law firmStickney Mediations, PLLCLaw FirmRepresenting Valtrus Innovations, Ltd.Search in Eureka ↗
Defendant counselAntonio SistosAttorneyCounsel for Google, LLCSearch in Eureka ↗
Defendant counselCeline Jimenez CrowsonAttorneyCounsel for Google, LLCSearch in Eureka ↗
Defendant counselChelsea Ann TillAttorneyCounsel for Google, LLCSearch in Eureka ↗
Defendant counselDavid A. PerlsonAttorneyCounsel for Google, LLCSearch in Eureka ↗
Defendant counselJoshua David LangAttorneyCounsel for Google, LLCSearch in Eureka ↗
Defendant counselJulia Annette SimonAttorneyCounsel for Google, LLCSearch in Eureka ↗
Defendant counselMichael K. HurstAttorneyCounsel for Google, LLCSearch in Eureka ↗
Defendant law firmHogan Lovells US LLPLaw FirmRepresenting Google, LLCSearch in Eureka ↗
Defendant law firmLynn Pinker Hurst Schwegmann LLPLaw FirmRepresenting Google, LLCSearch in Eureka ↗
Presiding judgeJudge Karen Gren ScholerJudgeTexas Northern District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“Before the Court is Defendant Google LLC’s Motion to Stay Pending Inter Partes Review (“Motion”) [ECF No. 45]. The Court has considered the Motion, Plaintiffs Valtrus Innovations Ltd. and Key Patent Innovations Limited’s Response to the Motion (“Response”) [ECF No. 50], Defendant’s Reply in Support of the Motion [ECF No. 53], and the applicable law. For the following reasons, the Court GRANTS the Motion. This is a patent infringement case in which Plaintiffs accuse Defendant of infringing U.S. Patent No. 7,939,967. Pls.’ First Am. Compl. for Patent Infringement [ECF No. 29] ff 10, 28-65. On June 13, 2025, Defendant filed a petition for inter partes review (“IPR”) “on the basis that all patent claims of the [relevant patent] are invalid as anticipated and/or obvious in light of prior patents.” Mot. 2. The Patent Trial and Appeal Board has not yet decided whether to institute the IPR. Jd. at 3. Defendant asks the Court to stay this case during the pendency of the IPR. Jd. at 1. “A district court has the inherent power to stay cases to control its docket and promote efficient use of judicial resources.” Alexander v. Convergent Outsourcing, Inc., No. H-16-3318, 2017 WL 1383627, at *1 (S.D. Tex. Apr. 18, 2017) (citing, among other sources, Ambraco, Inc. v. Bossclip B.V., 570 F.3d 233, 243 (5th Cir. 2009)). When determining whether to grant a stay pending IPR, courts generally consider: (1) whether a stay would unduly prejudice or present a Case 3:24-cv-03249-S Document 55 Filed 09/05/25 Page 1 of 3 PageID 716 clear tactical disadvantage to the nonmovant; (2) whether a stay will simplify the issues in the case and the trial; and (3) whether discovery is complete and whether a trial date has been set. Uniloc 2017 LLC v. LG Elecs. U.S.A., Ine. No, 3:18-CV-3071-N, 2020 WL 374545, at *1 (N.D. Tex. Jan. 23, 2020) (citing Murata Mach. USA v. Daifuku Co., 830 F.3d 1357, 1361 (Fed. Cir. 2016)). The movant bears the burden of demonstrating that a stay is appropriate. Blephex LLC v. Pain Point Med. Sys. Inc., No. 3:16-CV-0410-N, 2016 WL 7839343, at *1 (N.D. Tex. Nov. 3, 2016) (citation omitted). As to the first factor, Plaintiffs argue that a delay in the determination of their patent rights would significantly prejudice them. Resp. 5-6. But “a delay caused by the IPR process, without more, does not justify denial of a stay because the length of the IPR alone does not establish prejudice.” Valirus Innovations LTD. v. Google LLC, No. 3:22-CV-66-N, 2022 WL 22887964, at *1 (N.D. Tex. Nov. 2, 2022) (citation omitted). And the Court does not find that the potential impact on Plaintiffs’ business, see Resp. 6-8, rises to the level of undue prejudice sufficient to deny the Motion. As to the second factor, a stay will simplify the issues in this case. Defendant’s IPR petition “covers all asserted claims,” so resolution of the petition has the potential to streamline or fully resolve the case. Mot. 7. Plaintiffs respond that the invalidity theories in this case “far exceed the limited scope of the pending IPR.” Resp. 11 (citation omitted). But the Court considers only whether a stay would simplify the issues in the case, not whether it would fully resolve them. And having done so, the Court concludes that this factor weighs in favor of a stay. As to the third factor, discovery is not complete, and discovery does not close for approximately eight months. See Scheduling Order [ECF No. 34] 3. A trial date has been set, but Case 3:24-cv-03249-S Document 55 Filed 09/05/25 Page 2 of 3 PageID 717 it is still well over a year away. See id. at 1. Further, the Court has not yet decided any dispositive motions or held a claim construction hearing. Because all factors weigh in favor of a stay, this case is ABATED and ADMINISTRATIVELY CLOSED pending resolution of Defendant’s IPR. The Court ORDERS that within two weeks after such resolution, the parties shall file a status report advising the Court of the decision.”
Source: PACER Docket, Case 3:24-cv-03249, Texas Northern District Court

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.

PACER case 3:24-cv-03249 · Public docket record Explore in Eureka ↗
Patent at issue

US7939967B2 — Battery Secondary Power Systems for Data Centers

Publication No.US7939967B2
Application No.US12/491773
Patent details
ProductBattery-based secondary power source systems for data center infrastructure
Cited in actionDecember 27, 2024

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.

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Freedom to operate

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.

PatSnap Eureka FTO Search

Run a freedom-to-operate analysis on US7939967B2 to assess your product’s exposure

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Related litigation

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Strategic implications

What 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.

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Frequently asked questions

Valtrus v Google — key questions answered

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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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