In a new Eastern District of Texas complaint, Lemko Corporation has accused AT&T (AT&T Mobility and other subsidiaries) (2:25-cv-00305) of infringing seven patents broadly directed to various aspects of network communications. Targeted is the provision of the AT&T Private Edge 5G Network platform, as well as the AT&T Private Mobile Connection service. Lemko began this campaign with a February 2022 suit against Microsoft (Affirmed Networks) in the Northern District of Texas—a case that has remained mired in the pleadings phase more than three years later.
The set of patents that Lemko asserts against AT&T (7,840,230; 7,979,066; 8,224,322; 8,310,990; 8,340,667; 8,359,029; 9,198,020) does not overlap with those asserted against Microsoft (7,548,763; 7,653,414; 7,855,988; 8,107,409; 8,688,111; 9,191,980; 9,332,478; 9,755,931), but the families-in-suit do intersect. Lemko pleads that they cover "solutions for providing MEC [multi-access edge computing] networks and other improvements in communications technology and underlying infrastructure". Shaowei Pan is identified as the patents' sole named inventor. (USPTO records indicating that Lemko granted Motorola Solutions a covenant not to sue for infringement of the '988 patent in 2012.)
Pan, the plaintiff's president, formed Lemko in Illinois on August 2, 2002. In its complaints, the plaintiff alleges that it "provides a leading, fully edge-capable mobile network platform and resilient 4G/5G wireless networks for use in Industrial Internet of Things ('IoT') applications, private 4G/5G networks, wireless rural broadband systems, and military and public safety deployments". Lemko announced on its public website in 2020 that it was celebrating a fourth year of providing wireless broadband services to residents of Cairo, Illinois.
Microsoft acquired Affirmed Networks in 2020. The Lemko case against it has had trouble proceeding to the merits. Lemko filed that suit in February 2022. It was assigned to Northern District of Texas Judge Sam A. Lindsay. Affirmed Networks filed a motion to dismiss for pleading inadequacies in May 2022. That motion was fully briefed by that June. Judge Lindsay ruled on the motion more than one year later, in September 2023, granting the motion (in part), with leave to amend, which Lemko did. Affirmed Networks filed another motion to dismiss, prompting the filing of a second amended complaint. Affirmed Networks filed a motion to dismiss that as well—that motion is fully briefed and awaiting another order.
Lemko is represented by Hilgers Graben PLLC and Kramer Levin Naftalis & Frankel LLP. In connection with its case against Affirmed Networks, it has disclosed no nonparties having an interest in the outcome of the litigation. The case against AT&T has been assigned to District Judge Rodney Gilstrap. 3/17, Eastern District of Texas.
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