Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Headwater Research LLC v. Cellco Partnership, No. 2:23-cv-00352-JRG-RSP (E.D. Tex. Apr. 22, 2026)

Granted Implied waiver found — asserted patents unenforceable against Verizon
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:23-cv-00352-JRG-RSP
Decided
April 22, 2026
Judge
Rodney Gilstrap, J.
Document
Memorandum Opinion and Order (Bench Trial)
Docket Entry
MEMORANDUM OPINION AND ORDER re Bench Trial
Length
12 pages

Editorial Summary

AI-assisted editorial summary; not attorney-reviewed. Verify against the opinion itself before relying on any characterization of the holding.

After a jury found that Verizon willfully infringed Headwater's U.S. Patent Nos. 8,589,541 and 9,215,613 — both relating to background data technologies — and awarded $175 million in damages, the Court held a bench trial on Verizon's equitable defenses of estoppel and waiver. Considering the evidence adduced before the jury together with the bench-trial record, Chief Judge Gilstrap found that, under the doctrine of implied waiver, Headwater cannot enforce the asserted patents against Verizon. The opinion is a striking example of an equitable defense extinguishing a nine-figure verdict post-trial.