The complaint

The case is Malikie Innovations Ltd. v. Arcadyan Technology Corporation, No. 2:26-cv-00876 (E.D. Tex.), filed in the Marshall Division, assigned to Judge Rodney Gilstrap, and referred to Magistrate Judge Roy S. Payne. Malikie says it is the successor to a patent portfolio created by BlackBerry Ltd., formerly Research in Motion, and that Key Patent Innovations is the beneficiary of a trust under which Malikie owns and asserts the patents. Both plaintiffs are Irish entities. The complaint alleges that Arcadyan designs and manufactures routers and gateways that T-Mobile and Verizon provide to their Internet customers in Marshall, Texas.

The asserted patents, with the claims the complaint names, are U.S. Patent 8,099,646, Low-Density Parity-Check (LDPC) Code, issued January 17, 2012 (at least claim 1); U.S. Patent 7,453,856, on sending and receiving data blocks associated with different multiple access techniques, issued November 18, 2008 (at least claims 1 and 14); U.S. Patent 7,747,934, on selecting an LDPC code for encoding variable-length data, issued June 29, 2010 (at least claims 1 and 10); and U.S. Patent 10,034,260, Wireless Local Area Network Hotspot Registration Using Near Field Communications, issued July 24, 2018 (at least claim 12). Claim 1 of the '646 patent recites a method of decoding LDPC-encoded data by applying a specified expanded parity check matrix, in which each entry stands for an 81 by 81 all-zero matrix or an 81 by 81 identity matrix circularly right-shifted by the listed amount.

The accused products named in the complaint include Arcadyan's CR1000b router, its 5G gateways G5AR, G4AR, and KVD21, Wi-Fi extenders FZET06204000J and FZET08214000J, and the WE8214443 T-Mobile mesh Wi-Fi extender (V2), charted in Exhibits 5 through 8. The complaint pleads direct, induced, and contributory infringement of each patent, and willfulness. For the '646 patent it pleads only past infringement; for the other three it pleads continuing infringement. The prayer seeks damages, enhanced damages, an exceptional-case finding and fees, and ongoing royalties for any post-judgment infringement of the '934 and '260 patents. It does not expressly ask for an injunction, although it asks for a judgment that Arcadyan will continue to infringe the '856, '934, and '260 patents "unless enjoined" and for other relief, "including equitable relief."

The licensing history the complaint pleads

According to the complaint, Malikie wrote to Arcadyan's president on January 10, 2025, identifying the '646 and '856 patents, and Arcadyan answered on January 17, 2025, asking for a nondisclosure agreement. Malikie says it made a FRAND rate offer, with claim charts, for patents essential to the 802.11 standards; the complaint dates that offer June 2, 2025 in one paragraph and on or about July 2, 2025 in another. The parties signed the nondisclosure agreement on July 25, 2025, met by video on August 19, 2025, and virtually on January 15 and March 19, 2026, and exchanged correspondence in between, during which Malikie identified the '934 and '260 patents in October 2025. On April 15, 2026, Malikie wrote that it understood Arcadyan to have rejected the offer. The complaint says Arcadyan never accepted the rate or proposed its own, including in a September 16, 2026 reply to Malikie's August 30, 2026 request for Arcadyan's rate.

The complaint also says BlackBerry submitted letters of assurance to the IEEE Standards Association for a list of 802.11 standards and amendments, stating its willingness to license essential patent claims on FRAND terms, and it quotes the IEEE provision that a patent holder and an implementer should negotiate in good faith "without unreasonable delay or may litigate."

Venue

The complaint pleads venue under 28 U.S.C. 1391(c)(3), which allows a defendant not resident in the United States to be sued in any judicial district, citing In re HTC Corp., 889 F.3d 1349 (Fed. Cir. 2018).

Malikie's other suits

The plaintiffs' notice of related cases in this action lists three other Malikie cases in the Eastern District of Texas: against Hisense, No. 2:26-cv-00288, filed April 9, 2026; against TCL Industries Holdings, No. 2:26-cv-00413, filed May 18, 2026; and against Sercomm Corporation, No. 2:26-cv-00728, filed August 21, 2026. The Sercomm complaint asserts the '856 and '260 patents, along with U.S. Patent 8,583,980 and U.S. Reissue Patent RE48,212, and also pleads FRAND negotiations. Malikie's other recent suits include cases against Crypto.com in the Eastern District of Texas and against the Antpool and ViaBTC mining pools in the Western District of Texas, on cryptography patents.

What to watch next

Watch for service on Arcadyan, its response, including any FRAND-based defenses or counterclaims, and any challenge to the patents at the Patent Trial and Appeal Board. The case can end at any time by license, settlement, or dismissal.