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XR Communications v. Amazon & Eero – Wireless Patent Dismissed | PatSnap
Patent Litigation

XR Communications v. Amazon & Eero: Directed Wireless Patent Case Dismissed After 716 Days

XR Communications, LLC d/b/a Vivato Technologies asserted two directed wireless communication patents — US10594376B2 and US10715235B2 — against Amazon.com, Amazon.com Services LLC, and eero LLC in the Western District of Texas. After 716 days of litigation before Judge Alan D. Albright, the parties announced a resolution and the court dismissed the case.

Resolution time
716days
716 days in litigation — above average for W.D. Texas patent cases
Patents asserted
2
US10594376B2 and US10715235B2 — directed wireless communication technology
Outcome
Case Dismissed
Plaintiff's claims dismissed with prejudice; defendants' counterclaims dismissed without prejudice
Cost ruling
Each Party Pays
All attorneys' fees, costs, and expenses borne by each party incurring the same
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

Vivato Technologies' wireless patent claims against Amazon and eero resolved

XR Communications, LLC, doing business as Vivato Technologies, filed this patent infringement action on June 16, 2021 in the Western District of Texas (Case No. 6:21-cv-00619) before Judge Alan D. Albright. The plaintiff asserted two patents — US10594376B2 and US10715235B2 — covering directed wireless communication technology against Amazon.com, Inc., Amazon.com Services LLC, and eero LLC, targeting the defendants' directed wireless communication products.

The case was recorded as dismissed, with the docket order reflecting that the parties announced to the court they had resolved all claims. Per the court's order, plaintiff's claims against defendants were dismissed with prejudice, while defendants' claims, defenses, and counterclaims against plaintiff were dismissed without prejudice. Each party was ordered to bear its own attorneys' fees, costs, and expenses.

The case ran for 716 days before closing on June 2, 2023 — a substantial period suggesting the parties engaged in meaningful discovery and/or negotiation before reaching their resolution. The specific terms of the parties' agreement are not disclosed in the available public record. The asymmetric dismissal structure — plaintiff's claims with prejudice, defendants' counterclaims without prejudice — is notable and may carry distinct downstream implications for each side.

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Case at a glance
CourtTexas Western District Court
JudgeAlan D Albright
FiledJune 16, 2021
ClosedJune 2, 2023
Duration716 days
OutcomeCase Dismissed
Verdict causeInfringement Action
BasisCase Dismissed
Prior Art Intelligence
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Case data sourced from PACER / Texas Western District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

Filing to Case Dismissed in 716 days

716 days in litigation — above average for W.D. Texas patent cases

Case timeline: Complaint filed JUN 16 2021 — 716 days total Horizontal timeline showing the three key events in XR Communications, LLC v Amazon.com, Inc. from filing to resolution. Source: PACER, Texas Western District Court. JUN 16 2021 Complaint filed Pre-trial proceedings JUN 2 2023 Case Dismissed 716 DAYS TOTAL
Patent at issue

US10594376B2 & US10715235B2 — directed wireless communication systems

Publication No.US10594376B2
Application No.US15/486245
Patent details
ProductDirected wireless communication systems and beamforming methods
Cited in actionJune 16, 2021

Publication No.US10715235B2
Application No.US15/495539
Patent details
ProductDirected wireless communication transmission and reception technology
Cited in actionJune 16, 2021
Technical brief · sourced from PatSnap patent database
Patent figurePatent figure
Representative claim (1 of 4 independent)
1. A data-communications networking apparatus, comprising: a processor configured to: generate a probing signal for transmission to at least a first client device and a second client device; generate a first data stream for transmission to the first client device; and generate a second data stream for transmission to the second client device; and a transceiver operatively coupled to the processor and configured to: transmit the probing signal to at least the first client device and the second client device via a smart antenna; wherein the smart antenna is operatively coupled to the transceiver and comprises a fir…
Technical background
CROSS-REFERENCE TO RELATED APPLICATIONS This application is a continuation of U.S. application Ser. No. 15/260,147, filed Sep. 8, 2016, which is a continuation application of U.S. patent application Ser. No. 13/855,410, filed on Apr. 2, 2013 (now U.S. Pat. No. 9,462,589), which is a divisional application of U.S. patent application Ser. No. 10/700,329, filed on Nov. 3, 2003 (now U.S. Pat. No. 8,412,106), which claims the benefit of U.S. Provisional Application No. 60/423,660, filed on Nov. 4, 2002. Each of the abov…
Patent family
16 family members across 3 jurisdictions (US, WO, AU)
PatSnap Eureka · FTO Search Agent
Should you run an FTO against US10594376B2 and US10715235B2?

Any company developing or commercialising directed wireless communication products — including mesh Wi-Fi systems, enterprise access points, and beamforming-enabled chipsets — should assess freedom-to-operate against US10594376B2 and US10715235B2. The dismissal of XR Communications' claims against Amazon and eero does not affect the patents' enforceability against other parties. The Vivato Technologies portfolio may present ongoing risk for vendors in the Wi-Fi, IoT gateway, and fixed wireless access markets.

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Official verdict

Official order — verbatim text

On this day, Plaintiff XR Communications, LLC d/b/a Vivato Technologies (“Plaintiff”) and Defendants Amazon.com, Inc., Amazon.com Services, LLC, and eero LLC (collectively, “Defendants”) and announced to the Court that they have resolved Plaintiff’s claims for relief against Defendants asserted in this case and Defendants’ claims, defenses and/or counterclaims for relief against Plaintiff asserted in this case. Plaintiff and Defendants have therefore requested that the Court dismiss Plaintiff’s claims for relief against Defendants with prejudice and Defendants’ claims, defenses and/or counterclaims for relief against Plaintiff without prejudice, and with all attorneys’ fees, costs and expenses taxed against the party incurring same. The Court, having considered this request, is of the opinion that their request for dismissal should be granted. IT IS THEREFORE ORDERED that Plaintiff’s claims for relief against Defendants are dismissed with prejudice and Defendants’ claims, defenses and/or counterclaims for relief against Plaintiff are dismissed without prejudice. IT IS FURTHER ORDERED that all attorneys’ fees, costs of court and expenses shall be borne by each party incurring the same.
Source: PACER Docket, Case 6:21-cv-00619, Texas Western District Court

The court's dismissal order reflects a jointly requested resolution in which plaintiff's infringement claims were extinguished with prejudice while defendants' counterclaims were preserved without prejudice. The order makes no merits determination on the patents' validity or infringement. Each party bears its own costs, and the specific terms of any underlying agreement between the parties are not disclosed in the available public record.

PACER case 6:21-cv-00619 · Public docket record Explore in Eureka ↗
Dismissal terms

Case dismissed: what the asymmetric dismissal means for both parties

Legal mechanism

Asymmetric dismissal: with and without prejudice in one order

The court order dismissed plaintiff XR Communications' infringement claims against the Amazon defendants with prejudice — meaning those specific claims cannot be re-filed. Defendants' counterclaims and defenses were dismissed without prejudice, leaving them technically capable of being re-raised. This asymmetric structure is consistent with a negotiated resolution but the specific terms are not disclosed in the available record.

Plaintiff claims: with prejudice
Patent holder outcome

XR Communications cannot refile these infringement claims against Amazon and eero

Dismissal with prejudice of plaintiff's claims means XR Communications is barred from bringing the same infringement claims under US10594376B2 and US10715235B2 against Amazon.com, Amazon.com Services LLC, and eero LLC in a future action. Whether this outcome reflects a licensing arrangement or another form of resolution is not disclosed in the available public record.

Claims permanently extinguished
Defendant outcome

Amazon and eero's counterclaims survive without prejudice

The Amazon defendants' counterclaims, defenses, and other claims for relief against XR Communications were dismissed without prejudice. This means the defendants retain the theoretical ability to re-assert those positions in a future proceeding, though the practical likelihood depends on circumstances not visible in the public record. Each defendant bears its own legal costs under the court's order.

Counterclaims: without prejudice
Commercial implications

Directed wireless IP risk remains live for the broader market

XR Communications' directed wireless communication patent portfolio — anchored by US10594376B2 and US10715235B2 — remains enforceable against third parties not party to this dismissal. Companies in the Wi-Fi, mesh networking, and beamforming technology space should note that a dismissal against one defendant does not extinguish the patents or limit their enforcement scope against others.

Patents remain enforceable
Legal analysis based on PACER docket records for case 6:21-cv-00619 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffXR Communications, LLCCompany/Search in Eureka ↗
DefendantAmazon.com, Inc.Company/Search in Eureka ↗
Co-DefendantEero, LLCCompanySearch in Eureka ↗
Co-DefendantAmazon.com Services LLCCompanySearch in Eureka ↗
Plaintiff counselBenjamin T. WangAttorneyCounsel for XR Communications, LLCSearch in Eureka ↗
Plaintiff counselBrian D. LedahlAttorneyCounsel for XR Communications, LLCSearch in Eureka ↗
Plaintiff counselChristian W. ConkleAttorneyCounsel for XR Communications, LLCSearch in Eureka ↗
Plaintiff counselJacob R. BuczkoAttorneyCounsel for XR Communications, LLCSearch in Eureka ↗
Plaintiff counselJames N. PickensAttorneyCounsel for XR Communications, LLCSearch in Eureka ↗
Plaintiff counselJason M. WietholterAttorneyCounsel for XR Communications, LLCSearch in Eureka ↗
Plaintiff counselMinna Y. ChanAttorneyCounsel for XR Communications, LLCSearch in Eureka ↗
Plaintiff counselPaul A. KroegerAttorneyCounsel for XR Communications, LLCSearch in Eureka ↗
Plaintiff counselPhilip X. WangAttorneyCounsel for XR Communications, LLCSearch in Eureka ↗
Plaintiff counselReza MirzaieAttorneyCounsel for XR Communications, LLCSearch in Eureka ↗
Plaintiff law firmRuss August & Kabat LLPLaw FirmRepresenting XR Communications, LLCSearch in Eureka ↗
Defendant counselAdam R. BrausaAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselAnnie A. LeeAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselAustin Michael SchnellAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselBrian Christopher NashAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselCaroline Lewis DesmondAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselDaralyn J. DurieAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselDeron R. DacusAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselEric C. WienerAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselFahd H. PatelAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselJames E. GeringerAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselRaghav R. KrishnapriyanAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselRobert CruzenAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselRoy ChamcharasAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant counselTimothy C. SaulsburyAttorneyCounsel for Amazon.com, Inc.Search in Eureka ↗
Defendant law firmDurie Tangri LLPLaw FirmRepresenting Amazon.com, Inc.Search in Eureka ↗
Defendant law firmKlarquist, Sparkman LLPLaw FirmRepresenting Amazon.com, Inc.Search in Eureka ↗
Defendant law firmMorrison & Foerster LLPLaw FirmRepresenting Amazon.com, Inc.Search in Eureka ↗
Defendant law firmMorrison Foerster LLPLaw FirmRepresenting Amazon.com, Inc.Search in Eureka ↗
Defendant law firmThe Dacus Firm PCLaw FirmRepresenting Amazon.com, Inc.Search in Eureka ↗
Presiding judgeJudge Alan D AlbrightJudgeTexas Western District CourtSearch in Eureka ↗
R&D signals

R&D signals in the directed wireless communication space

This case surfaces key R&D and patent intelligence signals for the directed wireless and mesh Wi-Fi sector, centred on XR Communications' Vivato Technologies portfolio and Amazon's eero ecosystem.

Patent portfolio

XR Communications' Vivato Technologies directed wireless filing activity

XR Communications, operating as Vivato Technologies, has asserted patents across multiple defendants in the wireless sector. Tracking the full scope of their portfolio — including continuation filings from US15/486245 and US15/495539 — reveals the breadth of their directed wireless IP strategy and whether new claim families are being prosecuted to cover next-generation beamforming standards.

Vivato portfolio depth
Technology landscape

Beamforming and directed Wi-Fi patent filing trends

Directed wireless communication and beamforming technologies are seeing increased patent activity as Wi-Fi 6E and Wi-Fi 7 standards mature. Mapping filing trends across major assignees — including Qualcomm, Intel, Broadcom, and Ericsson — alongside NPEs like Vivato reveals where R&D investment is concentrated and which claim domains remain open for new entrants.

Beamforming filing trends
Competitor IP posture

Amazon eero's wireless IP portfolio and defensive patent strategy

Amazon and its eero subsidiary face recurring patent risk in the mesh Wi-Fi space. Analysing eero's own patent filings and Amazon's broader wireless IP acquisitions signals whether the company is building defensive depth around mesh networking architectures — and how that posture may evolve in response to NPE enforcement campaigns like this one.

Amazon eero IP defense
White-space opportunity

Adjacent claim space near US10594376B2 and US10715235B2

Mapping the claims of US10594376B2 and US10715235B2 against the current state of the art in directed wireless reveals potential white-space in areas such as MU-MIMO directional control, AI-driven beamforming optimisation, and multi-band directed signal management. These adjacencies may represent viable R&D and filing opportunities for companies seeking to build non-infringing design-arounds or expand into underserved claim territory.

Directed wireless white-space
Related litigation

Similar wireless patent infringement cases in W.D. Texas

Explore comparable directed wireless and beamforming patent cases filed in the Western District of Texas, including cases before Judge Albright involving Wi-Fi and mesh networking IP.

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Access 40+ similar cases in PatSnap Eureka
XR Communications, LLC patent enforcement history, Texas Western District Court case history, XR Communications, LLC's full IP portfolio, and comparable case analysis
Beamforming patent casesW.D. Texas wireless suitsVivato patent enforcementMesh Wi-Fi IP disputes
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Strategic implications

What this case signals for the directed wireless IP landscape

XR Communications' enforcement campaign against Amazon and eero highlights the continued commercial value of directed wireless patents against major consumer hardware vendors.

Directed wireless patents remain a credible enforcement tool vs. big tech

XR Communications successfully sustained litigation against Amazon and eero for nearly two years in W.D. Texas before a resolution was reached. This signals that directed wireless and beamforming patents carry sufficient claim strength to compel engagement from well-resourced defendants. Companies commercialising Wi-Fi 6/6E or mesh products should review their FTO exposure against this portfolio.

Judge Albright's court remains a preferred venue for wireless patent plaintiffs

Filing in the Western District of Texas before Judge Albright is a deliberate strategic choice by plaintiffs like XR Communications. The court's historically fast scheduling and plaintiff-friendly reputation for claim construction can accelerate resolution. Defendants operating in the wireless hardware space should factor W.D. Texas venue risk into their IP strategy.

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Full strategic analysis in PatSnap Eureka
Unlock full strategic analysis of this district court wireless patent case, including portfolio enforcement patterns and mesh networking IP risk signals.
Asymmetric dismissal signalseero mesh IP exposureVivato portfolio enforcement map
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Analysis powered by PatSnap Eureka Litigation Intelligence Explore in Eureka ↗
Frequently asked questions

XR v Amazon.com — key questions answered

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PatSnap Eureka

Monitor directed wireless patent enforcement across your product portfolio

Use PatSnap Eureka to run FTO analysis against the Vivato Technologies patent family and track XR Communications' ongoing enforcement activity. Stay ahead of emerging directed wireless and mesh Wi-Fi patent risk before it reaches litigation.

Disclaimer

This page is compiled from public court dockets and third-party patent and litigation data via PatSnap Eureka, and is provided for general informational purposes only. The information shown — including party names, patent and application numbers, dates, case status, outcomes, and any analysis — may be incomplete, may not reflect the most recent filings or legal status, and may contain errors or omissions. Verify all details against official court records (for example, PACER) and the relevant patent office before relying on them.

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