The case
K.Mizra LLC v. Nokia Corporation, No. 2:24-cv-00974-JRG (E.D. Tex.), was filed November 25, 2024 against Nokia Corporation, Nokia Solutions and Networks Oy, and Nokia of America Corporation. The court's April 14, 2026 claim construction opinion describes networking patents including U.S. Patent 8,018,880, "Layer 2 Virtual Private Network over PBB-TE/PBT and Seamless Interworking with VPLS," and U.S. Patent 9,749,249, "Pseudowire Protection Using a Standby Pseudowire." The October 23 order rules on the '880, '354, and '249 patents.
The pretrial rulings
The court held a pretrial conference on October 20, 2026, and the October 23 memorandum opinion and order memorializes the rulings announced from the bench. The court denied K.Mizra's motion to disqualify and exclude Nokia's expert witness, finding after in camera review nothing supporting the notion that confidential strategic material was shared with him. It denied K.Mizra's motion to disqualify Nokia's counsel, Alston & Bird LLP, and denied Nokia's motion for leave to file a motion to compel out of time.
The court granted in part Nokia's Daubert motion and motion to strike opinions of K.Mizra's expert. As to the '880 patent, it struck the infringement opinion relying on the NSP product. It granted the motion as to the '354 patent and as to the '249 patent, striking four paragraphs of the report on the '249 patent. It struck the infringement opinion on EVPN but kept the expert's non-infringing alternative opinions on EVPN, and it denied the motion as to the expert's reliance on a third-party source and his hypothetical claim analysis.
No viable theory and a path to judgment
According to the order, after the ruling on the Daubert motion the parties agreed there was no need to continue the pretrial conference because, in light of the court's rulings, K.Mizra "had no remaining viable theories of infringement it could present to the jury." The parties asked for 21 days to file a joint status report on the proper procedural method to enter a final judgment, prior to appeal. The court ordered that report by November 10, 2026 and denied the remaining motions as moot, including Nokia's summary judgment motions of noninfringement of the '880 and '249 patents and on license and release, and its partial summary judgment motion that prosecution history estoppel under Festo bars the doctrine of equivalents for the '354 patent.
What to watch next
Watch for the joint status report due November 10, 2026, the form of final judgment the court enters, and any notice of appeal to the Federal Circuit.