Reexamination Request against Wireless Game Controller Patent among those Filed Week of September 20th

Scott Daniels | September 28, 2010

The most interesting reexamination request last week was filed against a patent that claims a radio frequency remote game controller and is owned by the Canadian company Eleven Engineering (Ex parte No. 22).  Last November Eleven Engineering and its U.S. subsidiary sued Nintendo, Sony and Microsoft for infringement of that patent and two others.  The accused games are Nintendo’s Wii Remote and Wii Balance Board, Sony’s Playstation3, and Microsoft’s Xbox 360.  The case is before Judge Stark in Delaware and has not progressed beyond the pleading stage.

Another notable request was filed by Volkswagen against a car brake safety patent (Inter partes No. 3).  The patent is owned by 55 Brake LLC who sued 12 major automobile companies for infringement of that patent.  The case is in Idaho and a trial is scheduled to begin in March 2011.

The following inter partes requests were filed:

(1)   95/001,446 (electronically filed) – Information not currently available.

(2)   95/001,448 (electronically filed) – U.S. Patent No. 6,858,280 owned by Technology Applications, Inc. and entitled MICROSPHERE INSULATION SYSTEMS.  Filed September 20, 2010.

(3)   95/001,449 (electronically filed) – U.S. Patent No. 6,450,587 owned by 55 Brake LLC and entitled VEHICLE BRAKE SAFETY SYSTEM APPARATUS AND METHODS.  Filed September 23, 2010 by Volkswagen Group of America, Inc, a subsidiary of Volkswagen AG.  The ‘587 patent is currently the subject of a litigation styled 55 Brake LLC v. Audi of America, Inc. et al. (D. Idaho, Case No. 1:08-cv-00177-BLW, filed Apr. 21, 2008).

(4)   95/001,450 (electronically filed) – U.S. Patent No. 7,535,658 owned by Fujifilm Corporation and entitled IMAGING LENS.  Filed September 23, 2010 by Largan Precision Co., Ltd.  The ‘658 patent is currently the subject of two litigations, styled: Largan Precision Co., Ltd. v. Fujinon Corporation (N.D. Cal., Case No. 4:10-cv-01318-SBA, filed Mar. 29, 2010) and Fujinon Corporation v. HTC Corporation et al. (S.D. Tex., Case No. 4:09-cv-04109, filed Dec. 28, 2009).

(5)   95/001,451 (electronically filed) – U.S. Patent No. 7,434,794 owned by Sulzer Chemtech AG and entitled MASS TRANSFER METHOD USING STATIC PACKINGS.  Filed September 24, 2010 by Koch Chemical Technology Group, LLC.

(6)   95/001,452 (electronically filed) – U.S. Patent No. 6,945,013 owned by Steuben Foods Incorporated and entitled METHOD AND APPARATUS FOR ASEPTIC PACKAGING.  Filed September 24, 2010.

And the following ex parte requests were filed:

(1)   90/011,210 (electronically filed) – Information not currently available.

(2)   90/011,244 (electronically filed) – U.S. Patent No. 6,298,332 owned by Etagz, Inc. and entitled CD-ROM PRODUCT LABEL APPARATUS AND METHOD.  Filed September 20, 2010 by Flambeau, Inc.  The ‘332 patent (along with the ‘686 patent – see below) is currently the subject of two litigations, styled: Etagz, Inc. v. Quicksilver, Inc. (C.D. Cal., Case No. 8:10-cv-00300-DOC-MLG, filed Mar. 11, 2010) and Etagz v. Flambeau et al. (D. Utah, Case No. 2:10-cv-00240-BSJ, filed Mar. 18, 2010).

(3)   90/011,245 (electronically filed) – U.S. Patent No. 7,703,686 owned by eTagz, Inc. and entitled CONSUMER-COMPUTER-READABLE PRODUCT LABEL APPARATUS AND METHOD.  Filed September 20, 2010 by Flambeau, Inc.  The ‘686 patent (along with the ‘332 patent – see above) is currently the subject of two litigations, styled Etagz, Inc. v. Quicksilver, Inc. (C.D. Cal., Case No. 8:10-cv-00300-DOC-MLG, filed Mar. 11, 2010) and Etagz v. Flambeau et al. (D. Utah, Case No. 2:10-cv-00240-BSJ, filed Mar. 18, 2010).

(4)   90/011,246 (electronically filed) – U.S. Patent No. 6,376,677 owned by Lonza AG and entitled PROCESS FOR THE PREPARATION OF NICOTINIC ACID.  Filed September 21, 2010.

(5)   90/011,247 (electronically filed) – U.S. Patent No. 5,611,322 owned by Toybox Corporation and entitled DISC DISCHARGING TOY.  Filed September 21, 2010 by Lanard Toys Limited.  The ‘322 patent (along with the ‘967 patent – see below) is currently the subject of two litigations, styled: Hasbro Inc. v. Lanard Toys, Inc. (D. Mass., Case No. 3:10-cv-30106-MAP, filed June 2, 2010) and Hasbro Inc. v. Buzz Bee Toys, Inc. (D. Mass., Case No. 3:10-cv-10906-MAP, filed June 2, 2010).

(6)   90/011,248 (electronically filed) – Information not currently available.

(7)   90/011,249 (electronically filed) – Information not currently available.

(8)   90/011,250 (electronically filed) – U.S. Patent No. 6,772,132 owned by Trading Technologies International, Inc. and entitled CLICK BASED TRADING WITH INTUITIVE GRID DISPLAY OF MARKET DEPTH.  Filed September 22, 2010.

(9)   90/011,251 (electronically filed) – U.S. Patent No. 6,739,433 owned by Otis Elevator Company and entitled TENSION MEMBER FOR AN ELEVATOR.  Filed September 22, 2010 by Schindler Elevator Corporation.  The ‘433 patent is currently the subject of a litigation styled Schindler Elevator Corporation v. Otis Elevator Company (D.N.J., Case No. 2:09-cv-00560-DMC-JAD, filed Feb. 6, 2009).

(10)   90/011,252 (electronically filed) – U.S. Patent No. 6,064,970 owned by Progressive Casualty Insurance Company and entitled MOTOR VEHICLE MONITORING SYSTEM FOR DETERMINING A COST OF INSURANCE.  Filed September 22, 2010 by Liberty Mutual Insurance Co.  The ‘970 patent is currently the subject of a litigation styled Progressive Casualty Insurance Company v. Safeco Insurance Company of Illinois et al. (N.D. Ohio, Case No. 1:10-cv-01370-PAG, filed June 18, 2010).

(11)   90/011,253 (electronically filed) – U.S. Patent No. 5,471,967 owned by Toybox Corporation and entitled DISC DISCHARGING TOY.  Filed September 22, 2010 by Lanard Toys Limited.  The ‘967 patent (along with the ‘322 patent – see above) is currently the subject of two litigations, styled: Hasbro Inc. v. Lanard Toys, Inc. (D. Mass., Case No. 3:10-cv-30106-MAP, filed June 2, 2010) and Hasbro Inc. v. Buzz Bee Toys, Inc. (D. Mass., Case No. 3:10-cv-10906-MAP, filed June 2, 2010).

(12)   90/011,254 (electronically filed) – U.S. Patent No. 7,187,947 owned by Affinity Labs of Texas, LLC and entitled SYSTEM AND METHOD FOR COMMUNICATING SELECTED INFORMATION TO AN ELECTRONIC DEVICE.  Filed September 23, 2010.  The ‘947 patent is currently the subject of a litigation styled Affinity Labs of Texas, LLC v. Alpine Electronics of America, Inc. et al. (E.D. Tex., Case No. 9:08-cv-00171-RC, filed Aug. 29, 2008).

(13)   90/011,255 (electronically filed) – U.S. Patent No. 7,490,576 owned by LMI Technologies Ltd. and entitled TIME OF FLIGHT TEAT LOCATION SYSTEM.  Filed September 24, 2010.

(14)   90/011,256 (electronically filed) – U.S. Patent No. 6,952,247 owned by Samsung Electronics Co., Ltd. and entitled MULTI DOMAIN LIQUID CRYSTAL DISPLAY.  Filed September 24, 2010 by the patent owner.

(15)   90/011,257 (electronically filed) – U.S. Patent No. 7,754,801 owned by Columbia Insurance Company of Omaha and entitled TRANSLUCENT COATING COMPOSITIONS PROVIDING IMPROVED UV DEGRADATION RESISTANCE.  Filed September 24, 2010.

(16)   90/009,823 (paper filed) – U.S. Patent No. 7,091,620 owned by Renesas Technology Corp. and entitled SEMICONDUCTOR DEVICE AND MANUFACTURING METHOD THEREOF.  Filed September 16, 2010.

(17)   90/009,824 (paper filed) – U.S. Patent No. 5,191,525 owned by Digital Image Systems, Corporation and entitled SYSTEM AND METHOD FOR EXTRACTION OF DATA FROM DOCUMENTS FOR SUBSEQUENT PROCESSING.  Filed September 16, 2010.

(18)   90/009,825 (paper filed) – Information not currently available.

(19)   90/009,826 (paper filed) – Information not currently available.

(20)   90/009,827 (paper filed) – Information not currently available.

(21)   90/009,828 (paper filed) – Information not currently available.

(22)   90/009,829 (paper filed) – U.S. Patent No. 6,346,047 owned by Eleven Engineering, Inc. and Eleven Engineering Game Control LLC and entitled RADIO FREQUENCY REMOTE GAME CONTROLLER.  Filed September 22, 2010.  The ‘047 patent is currently the subject of a litigation styled Eleven Engineering, Inc. et al. v. Nintendo Co. Ltd. et al. (D. Del., Case No. 1:09-cv-00903-LPS, filed Nov. 25, 2009).

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