Parties in the patent infringement case of SEVEN Networks LLC v. Google LLC reached an agreement in the case Sunday, according to court documents.
The trial was set to begin Monday’s Martin Luther King Jr. holiday in Marshall’s federal court. A jury was picked in the case Jan. 4.
According to a “joint motion to stay” that was filed Sunday, “the plaintiff SEVEN Networks and defendant Google have reached an agreement in principle that settles all matters in controversy between them.”
The parties jointly requested that presiding District Judge Rodney Gilstrap pause the case and all related applicable deadlines for 30 days to allow the agreement to be finalized, settlement obligations to be met and a dismissal stipulation to be filed with the court. Gilstrap granted the motion to stay.
SEVEN Networks — a software solutions and mobile traffic management company headquartered in Marshall — filed suit against Google in Marshall’s federal court May 17, 2017, accusing the defendant of infringing its patents related to software technologies that manage mobile traffic in order to conserve network and battery resources.
Samsung was originally named a co-defendant in the suit, but was dropped from the case Jan. 10 after Gilstrap granted SEVEN Networks and Samsung’s joint motion to dismiss due to the fact that the parties had reached a settlement in their case.
The patents-in-suit cover “software and systems for improving and conserving resources such as battery, CPU and memory by adjusting or controlling how the mobile device interacts with the network,” attorneys for the plaintiff previously said.
The matter made history back in September when an unprecedented hearing took place in the case as two Chief Judges — Barbara Lynn (Chief U.S. District Judge of the U.S. District Court for the Northern District of Texas, with chambers in Dallas) and Gilstrap (Chief U.S. District Judge of the U.S. District Court for the Eastern District of Texas, with chambers here in Marshall) — sat at the bench together, simultaneously presiding over a Markman hearing for the high profile case that was scheduled here for jury trial.
“It is the first instance I’ve ever heard of judges conducting a claims construction hearing simultaneously, and is one of the most innovative tools I have seen judges use to coordinate treatment of related cases,” Marshall-based patent attorney and blogger for the Eastern District of Texas Michael Smith, of Siebman, Forrest, Burg & Smith, said at the time. “Recent changes in the law applicable to patent cases have made it more difficult to have related cases handled by the same judge, so judges have been working together, sometimes across district lines (as here) to try to achieve efficiencies where they can.
“But a consolidated claims construction hearing is unprecedented,” he said.