The complaint

The case is Locavate LLC v. LlamaLab AB, No. 2:26-cv-00966 (E.D. Tex., Marshall Division). The five-page complaint for patent infringement was filed October 26, 2026, ECF No. 1. The complaint says Locavate LLC is a corporation organized and existing under the laws of New Mexico with its principal place of business in Albuquerque, New Mexico. It says LlamaLab AB is a corporation organized and existing under the laws of Sweden with an established place of business in Stockholm, Sweden. The complaint is signed by Isaac Rabicoff of Rabicoff Law LLC in Chicago, Illinois.

Jurisdiction and venue

The complaint pleads subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a). It pleads personal jurisdiction because LlamaLab has engaged in systematic and continuous business activities in the district and has committed acts of patent infringement in the district. It pleads venue under 28 U.S.C. 1391(c) because LlamaLab is a foreign corporation, and it also says LlamaLab has committed acts of patent infringement in the district and that Locavate has suffered harm there.

The '159 patent

The complaint identifies U.S. Patent No. 9,055,159, titled "Mobile communication device and method for selectively turning on an additional wireless transceiver," and says it issued on June 9, 2015, from an application filed on December 14, 2009. The complaint alleges that Locavate is the assignee of all right, title and interest in the patent, including the right to enforce it. The patent lists Raymond Maurice Smit of Geldrop, Netherlands, as the inventor. Its face shows that the U.S. application, No. 13/515,574, entered the national stage from international application PCT/NL2009/050763, filed December 14, 2009, and that the patent term is adjusted by 121 days under 35 U.S.C. 154(b).

Ownership and maintenance record

USPTO assignment records show an assignment from the inventor to Smolding B.V., of the Netherlands, executed January 22, 2016 and recorded February 22, 2016 (Reel/Frame 37784/0335), and an assignment from Smolding B.V. to Locavate LLC executed July 20, 2026 and recorded July 27, 2026 (Reel/Frame 75403/0819), three months before the complaint. USPTO records show that the patent lapsed for failure to pay its eighth-year maintenance fee, effective June 9, 2023, and that it was reinstated effective November 18, 2024, after a petition to accept the late payment as unintentionally delayed was granted and the eighth-year fee was paid. Google Patents shows the patent as active, with an adjusted expiration of April 14, 2030.

U.S. Patent 9,055,159 covers a mobile communication device and a method that turn on an additional wireless transceiver when a velocity parameter derived from motion sensing exceeds a threshold. Independent claim 1 requires a main wireless transceiver unit configured for voice and data communications over a mobile telephony network, an additional wireless transceiver unit configured to connect to peripheral devices, a processing unit, and a motion detection unit that sends a motion signal to the processing unit, where the processing unit determines a parameter representative of velocity and turns on the additional wireless transceiver unit when that parameter exceeds a first threshold value. Independent claim 15 claims a corresponding method of determining a motion-indicative signal, determining a velocity parameter therefrom, and turning on the additional wireless transceiver unit when the parameter exceeds a first threshold value.

The infringement allegations

The complaint pleads one count. It alleges direct infringement of one or more claims of the '159 patent, literally or under the doctrine of equivalents, by making, using, offering to sell, selling, or importing exemplary defendant products identified in attached charts, and by employees' internal testing and use of those products. It alleges, on information and belief, that numerous other devices that infringe the claims have been made, used, sold, imported, and offered for sale by LlamaLab and/or its customers. It alleges that service of the complaint, together with the attached claim charts and references cited, constitutes actual knowledge of infringement. It alleges, on information and belief, that LlamaLab has continued to sell the exemplary products and to distribute product literature and website materials inducing end users and others to use its products in the customary and intended manner that infringes. It alleges induced infringement, literally or under the doctrine of equivalents, at least since service of the complaint and the corresponding claim charts, by selling the exemplary products to customers for use in end-user products in a manner that infringes. The complaint says Exhibit 2 includes charts comparing the exemplary claims to the exemplary products, and that the exemplary products satisfy all elements of the exemplary claims.

The relief sought

The prayer asks for a judgment that the '159 patent is valid and enforceable, a judgment that LlamaLab has infringed directly and indirectly one or more claims, an accounting of damages not presented at trial, damages under 35 U.S.C. 284 for continuing or future infringement up until judgment with pre- or post-judgment interest, costs, and disbursements, a declaration that the case is exceptional under 35 U.S.C. 285 with reasonable attorneys' fees, costs and expenses, and further relief at law or in equity. The complaint demands a jury under Rule 38(b).

Related filing

On October 23, 2026, three days before this suit, Locavate filed Locavate LLC v. ArloSoft Ltd, No. 2:26-cv-00961, in the same court. The complaint in that case is not on the public docket.

What to watch next

Watch for service on LlamaLab AB and for an answer or a Rule 12 motion.