The complaint

The case is Torus Ventures LLC v. Summit Hotel Properties, Inc., No. 7:26-cv-00358 (W.D. Tex., Midland/Odessa Division), a four page complaint for patent infringement filed September 4, 2026, ECF No. 1, with the patent and a claim chart attached as exhibits. The docket shows the case assigned to Judge David Counts on September 4. The complaint describes Torus as a Delaware company based in New York, and Summit Hotel Properties as a Maryland corporation with an established place of business in Austin, Texas. It pleads venue under 28 U.S.C. 1400(b).

What the patent covers

U.S. Patent 7,457,968, Method and System for a Recursive Security Protocol for Digital Copyright Control, issued November 25, 2008; the complaint says the application was filed February 23, 2007. Claim 1 covers a method for a security protocol for protecting digital content: obtaining a first decryption algorithm from a first bit stream, decrypting the remainder of that bit stream with it to yield a first decrypted bit stream, obtaining a second decryption algorithm from the first decrypted bit stream, and decrypting the remainder of a second bit stream with the second algorithm to yield a second decrypted bit stream. The complaint alleges Torus is the assignee of all right, title, and interest in the patent.

The accused products

The complaint alleges that Summit Hotel Properties directly infringed at least the exemplary method claims identified in its claim chart by making, using, offering to sell, selling, or importing the products identified there, and by having its employees internally test and use them. The chart, Exhibit 2, is not available. The complaint also alleges, on information and belief, that numerous other infringing devices were made, used, sold, imported, and offered for sale by Summit Hotel Properties or its customers.

The relief sought

Torus asks for judgments that the patent is valid and enforceable and that the defendant directly infringed it, an accounting, damages for past infringement under 35 U.S.C. 284, and, if necessary, a finding that the case is exceptional under 35 U.S.C. 285 with attorneys' fees and costs. It demands a jury trial.

The docket so far

Summit Hotel Properties was served on September 15, 2026 and on September 21 filed an answer with a counterclaim against Torus. On September 22 Judge Counts referred the case to Magistrate Judge Derek T. Gilliland, who set an initial pretrial conference for October 28. The parties filed a joint stipulation of dismissal on October 5, and Judge Counts signed an order on October 6, 2026 (entered October 7). Torus filed eleven suits on the '968 patent in the Midland/Odessa Division on September 4, 2026, Nos. 7:26-cv-00350 through 7:26-cv-00360, all assigned to Judge David Counts.

What to watch next

The parties filed a joint stipulation of dismissal on October 5, and the court signed an order on October 6, 2026 (entered October 7). Watch the other Torus suits on the patent for answers and motions.