K.Mizra sues Google in Western District of Texas after Google drops Northern California DJ action

Context: K.Mizra LLC is a licensing firm (non-practicing entity, NPE) that procures patents and monetizes them through licensing and, if necessary, litigation. Its CEO, Chuck Hausman, previously worked at Sisvel, a patent pool administrator. We recently reported on a K.Mizra matter involving an unusual withdrawal of a Patent Trial and Appeal Board (PTAB) petition (November 20, 2025 ip fray article). K.Mizra has previously brought infringement actions against Niantic (developer of PokĂ©mon Go, in which Google is a shareholder) and Samsung over Android-related functionality, both disputes indirectly targeting Google. 

What’s new: On March 27, 2026, Google voluntarily dismissed its declaratory judgment (DJ) action in the United States District Court for the Northern District of California. Shortly thereafter, K.Mizra filed an infringement suit against Google in the United States District Court for the Western District of Texas (Austin Division), asserting U.S. Patent No. 8,438,120 (“Machine learning hyperparameter estimation”) against Google’s Vertex AI Studio and U.S. Patent No. 8,144,717 (“Initialization of a wireless communication network”) against Google’s Nest devices.

Direct impact: Google’s withdrawal removes the case from the Northern District of California, which is widely considered the most patent-hostile venue in the United States. That would have been the least favorable forum for K.Mizra. By stepping away early, Google gives up its home advantage. Any remaining venue is more favorable to the patent holder, and the Western District of Texas is known to be comparatively patentee-friendly. This shift increases pressure on Google.

Wider ramifications: DJ actions are used strategically in U.S. patent litigation to influence venues. Withdrawing such actions, however, can swiftly tip the scales. Presumably, Google planned to refile its DJ action in another district, but K.Mizra pre-empted it.

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Court and counsel

Court: United States District Court for the Western District of Texas (Austin Division), where the case may now be assigned to United States District Judge Alan D. Albright

K.Mizra is represented by Scheef & Stone’s Michael C. Smith; Sheridan Ross’s Robert R. Brunelli, Matthew C. Holohan, Bart A. Starr, Brian S. Boerman, and Tristan D. Lewis; and Miller Fair Henry’s Claire A. Henry.

Google is represented by Jones Day’s Tharan Gregory Lanier, Evan M. McLean, Michael A. Lavine, Sachin M. Patel, and Peter Young Kim.