The case is Lab Technology LLC v. Keysight Technologies, Inc., No. 1:26-cv-01121 (D. Del.), filed September 4, 2026. Lab Technology says it is a New Mexico company, and the complaint describes Keysight as a Delaware corporation with an established place of business in Santa Rosa, California. Venue was pleaded under 28 U.S.C. 1400(b).
The patent
U.S. Patent 9,578,570, titled Methods and Systems for Switching Over a Voice Call, issued February 21, 2017 from an application filed August 14, 2015, and is subject to a terminal disclaimer. Claim 1 covers a method of switching an Instant Messaging (IM) based voice call to a second voice call: receiving an incoming call to a telephone number, creating a call record, setting up an IM-based call with an IM phone agent and connecting the incoming call to it, sending part of the call record to a switchover agent, which creates a second call record, establishing and associating a second voice call, and signaling a phone agent that the second call is for switchover before establishing it.
What the complaint alleged
Lab Technology alleged that Keysight directly infringed, and after service would induce infringement of, one or more claims of the '570 patent. The complaint identified the accused products and exemplary claims only in claim charts attached as Exhibit 2, which are not available. It sought damages under 35 U.S.C. 284 and an exceptional case finding under 35 U.S.C. 285.
The dismissal
The docket shows a notice of voluntary dismissal filed September 10, 2026 (ECF No. 7) and an oral order the same day, and the civil case was terminated on September 28, 2026. Lab Technology's same-day suit on U.S. Patent 8,483,102, No. 1:26-cv-01122, remains open.