Reexamination Requests Filed the Week of August 23rd

Scott Daniels | September 1, 2010

Traditionally, reexamination requests have been the province of U.S. companies – foreign companies are among the leading filers of patent applications, but they have been reluctant to use reexamination as a means of attacking the patents of others.  That has begun to change in recent years, as more and more foreign companies have started to use reexamination.  This week, for instance, Taiwan Fulgent Enterprise Co., Ltd. filed requests against two patents of a U.S. competitor.

Also of interest is a request filed by Google against a Xerox patent for “generating queries” that is the subject of a law suit between the companies.   We also see requests, likely filed by Ninestar Image, against two Canon patents – the requests were filed less than two months after Canon filed complaints against Ninestar and others, in both the Southern District of New York and the U.S. International Trade Commission, alleging infringement of those patents.  On August 18, Judge Robert W. Sweet stayed the District Court case pending final determination of the ITC investigation.

The following inter partes requests were filed:

(1)   95/001,421 (electronically filed) – U.S. Patent No. 7,635,665 having John Raymond Keim as its first named inventor and entitled METHOD AND APPARATUS FOR TREATING STORED CROPS.  Filed August 24, 2010 by Aceto Corporation.

(2)   95/001,422 (electronically filed) – U.S. Patent No. 7,618,303 owned by Ganz and entitled SYSTEM AND METHOD FOR TOY ADOPTION MARKETING.  Filed August 24, 2010 by Hasbro, Inc.

(3)   95/001,423 (electronically filed) – U.S. Patent No. 7,667,056 owned by Poli Industria Chimica S.p.A. and entitled PROCESS AND NEW INTERMEDIATES FOR THE PREPARATION OF STEROIDS WITH A PROGESTOGEN ACTIVITY.  Filed August 25, 2010.

(4)   95/001,424 (electronically filed) – U.S. Patent No. 7,363,415 owned by Acqis LLC and entitled COMPUTER SYSTEM UTILIZING MULTIPLE COMPUTER MODULES WITH SERIAL INTERFACE.  Filed August 25, 2010.

(5)   95/001,425 (electronically filed) – U.S. Patent No. 7,409,428 owned by Cooper Notification, Inc. and entitled SYSTEMS AND METHOD FOR MESSAGING TO MULTIPLE GATEWAYS.  Filed August 26, 2010 by Everbridge Inc., Federal Signal Corp., Rave Wireless Inc. and Twitter Inc.  The ‘429 patent is currently the subject of a litigation styled Cooper Notification, Inc. v. Twitter Inc. (D. Del., Case No. 1:09-cv-00865-LPS, filed Nov. 13, 2009).

(6)   95/001,426 (electronically filed) – U.S. Patent No. 6,861,251 owned by PriTest, Inc. and entitled TRANSLUCENT SOLID MATRIX ASSAY DEVICE FOR MICROARRAY ANALYSIS.  Filed August 26, 2010.

(7)   95/001,427 (electronically filed) – U.S. Patent No. 6,716,442 owned by Merial and entitled PROCESS AND MEANS FOR THE ERADICATION OF FLEAS IN THE HABITATS OF SMALL MAMMALS.  Filed August 27, 2010 by Sergeant’s Pet Care Products, Inc.

(8)   95/001,428 (electronically filed) – U.S. Patent No. 7,255,344 owned by Shuffle Master, Inc. and entitled DEVICE AND METHOD FOR CONTINUOUSLY SHUFFLING AND MONITORING CARDS.  Filed August 27, 2010 by Taiwan Fulgent Enterprise Co., Ltd.

(9)   95/001,429 (electronically filed) – U.S. Patent No. 6,588,751 owned by Shuffle Master, Inc. and entitled DEVICE AND METHOD FOR CONTINOUSLY SHUFFLING AND MONITORING CARDS.  Filed August 27, 2010 by Taiwan Fulgent Enterprise Co., Ltd.

(10)   95/001,430 (electronically filed) – U.S. Patent No. 6,778,979 owned by Xerox Corporation and entitled SYSTEM FOR AUTOMATICALLY GENERATING QUERIES.  Filed August 27, 2010 by Google Inc.  The ‘979 patent is currently the subject of a litigation styled Xerox Corporation v. Google Inc. (D. Del., Case No. 1:10-cv-00136-LPS-MPT, filed Feb. 19, 2010).

(11)   95/001,431 (electronically filed) – U.S. Patent No. 6,134,606 owned by FlashPoint Technology, Inc. and entitled SYSTEM/METHOD FOR CONTROLLING PARAMETERS IN HAND-HELD DIGITAL CAMERA WITH SELECTABLE PARAMETER SCRIPTS, AND WITH COMMAND FOR RETRIEVING CAMERA CAPABILITIES AND ASSOCIATED PERMISSIBLE PARAMETER VALUES.  Filed August 27, 2010.

(12)   95/000,564 (paper filed) – U.S. Patent No. 7,249,378 owned by GraphOn Corporation, Inc. and entitled FIREWALL PROVIDING ENHANCED NETWORK SECURITY AND USER TRANSPARENCY.  Filed August 6, 2010 by Juniper Networks, Inc.  The ‘378 patent is currently the subject of a litigation styled Juniper Networks, Inc. v. GraphOn Corporation (N.D. Cal., Case No. 3:10-cv-01412-JSW, filed Apr. 2, 2010).

(13)   95/000,566 (paper filed) – U.S. Patent No. 7,381,558 owned by Martek Biosciences Corporation and entitled PROCESS FOR THE HETEROTROPHIC PRODUCTION OF MICROBIAL PRODUCTS WITH HIGH CONCENTRATIONS OF OMEGA-3 HIGHLY UNSATURATED FATTY ACIDS.  Filed August 13, 2010 by Lonza Group AG.

(14)   95/000,567 (paper filed) – U.S. Patent No. 6,746,773 owned by Cordis Corporation and Wyeth and entitled COATINGS FOR MEDICAL DEVICES.  Filed August 23, 2010.

(15)   95/000,568 (paper filed) – Information not currently available.

(16)   95/000,569 (paper filed) – Information not currently available.

(17)   95/000,570 (paper filed) – U.S. Patent No. 7,148,359 owned by Abbott Laboratories and entitled POLYMORPH OF A PHARMACEUTICAL.  Filed August 25, 2010.

And the following ex parte requests were filed:

(1)   90/011,171 (electronically filed) – U.S. Patent No. 6,526,219 owned by inMotion Imagery Technologies, LLC and entitled PICTURE-BASED VIDEO INDEXING SYSTEM.  Filed August 23, 2010.

(2)   90/011,172 (electronically filed) – U.S. Patent No. 7,565,775 owned by Cool Building System, Inc. and entitled VENTED ROOF AND WALL SYSTEM.  Filed August 23, 2010.

(3)   90/011,173 (electronically filed) – U.S. Patent No. 7,184,922 owned by National Instruments Corporation and entitled MEASUREMENT SYSTEM THAT APPEARS TO A COMPUTER SYSTEM AS A FILE STORAGE DEVICE.  Filed August 23, 2010.

(4)   90/011,174 (electronically filed) – U.S. Patent No. 6,930,050 owned by Samsung Electronics Co., Ltd. and entitled MULTI-CHAMBER SYSTEM HAVING COMPACT INSTALLATION SET-UP FOR AN ETCHING FACILITY FOR SEMICONDUCTOR DEVICE MANUFACTURING.  Filed August 23, 2010.

(5)   90/011,175 (electronically filed) – U.S. Patent No. 7,776,226 owned by Samsung Electronics Co., Ltd. and entitled MULTI-CHAMBER SYSTEM HAVING A COMPACT INSTALLATION SET-UP FOR AN ETCHING FACILITY FOR SEMICONDUCTOR DEVICE MANUFACTURING.  Filed August 23, 2010.

(6)   90/011,176 (electronically filed) – U.S. Patent No. 6,503,365 owned by Samsung Electronics Co., Ltd. and entitled MULTI-CHAMBER SYSTEM HAVING COMPACT INSTALLATION SET-UP FOR AN ETCHING FACILITY FOR SEMICONDUCTOR DEVICE MANUFACTURING.  Filed August 23, 2010.

(7)   90/011,177 (electronically filed) – U.S. Patent No. 7,222,732 owned by The Procter & Gamble Company and entitled MERCHANDISE DISPLAY SYSTEM FOR IDENTIFYING DISPOSABLE ABSORBENT ARTICLE CONFIGURATIONS FOR WEARERS.  Filed August 24, 2010.

(8)   90/011,178 (electronically filed) – Information not currently available.

(9)   90/011,179 (electronically filed) – Information not currently available.

(10)   90/011,180 (electronically filed) – U.S. Patent No. 7,315,190 owned by Richtek Technology Corporation and entitled PWM CIRCUIT AND PWM INTEGRATED CIRCUIT FOR USE IN PWM CIRCUIT.  Filed August 24, 2010.

(11)   90/011,181 (electronically filed) – U.S. Patent No. 5,903,803 owned by Canon Kabushiki Kaisha and entitled PROCESS CARTRIDGE, ELECTROPHOTOGRAPHIC IMAGE FORMING APPARATUS, DRIVING FORCE TRANSMISSION PART, AND ELECTROPHOTOGRAPHIC PHOTOSENSITIVE DRUM.  Filed August 24, 2010.  The ‘803 patent (along with the ‘454 patent – see below) is currently the subject of two litigations, styled: Canon, Inc. v. Ninestar Image Int’l, Ltd. (S.D.N.Y., Case No. 1:10-cv-04999-RWS, filed June 28, 2010) and Certain Toner Cartridges and Components Thereof (ITC Investigation No. 337-TA-731, filed June 28, 2010).

(12)   90/011,182 (electronically filed) – U.S. Patent No. 6,128,454 owned by Canon Kabushiki Kaisha and entitled PROCESS CARTRIDGE, ELECTROPHOTOGRAPHIC IMAGE FORMING APPARATUS, DRIVING FORCE TRANSMISSION PART, AND ELECTROPHOTOGRAPHIC PHOTOSENSITIVE DRUM.  Filed August 24, 2010.  The ‘454 patent (along with the ‘803 patent – see above) is currently the subject of two litigations, styled: Canon, Inc. v. Ninestar Image Int’l, Ltd. (S.D.N.Y., Case No. 1:10-cv-04999-RWS, filed June 28, 2010) and Certain Toner Cartridges and Components Thereof (ITC Investigation No. 337-TA-731, filed June 28, 2010).

(13)   90/011,183 (electronically filed) – U.S. Patent No. 7,132,717 owned by Richtek Technology Corp. and entitled POWER METAL OXIDE SEMICONDUCTOR TRANSISTOR LAYOUT WITH LOWER OUTPUT RESISTANCE AND HIGH CURRENT LIMIT.  Filed August 25, 2010.

(14)   90/011,184 (electronically filed) – U.S. Patent No. 6,414,470 owned by Richtek Technology Corp. and entitled APPARATUS AND METHOD FOR BALANCING CHANNEL CURRENTS IN A MULTI-PHASE DC-TO-DC CONVERTER.  Filed August 25, 2010.

(15)   90/011,185 (electronically filed) – U.S. Patent No. 7,763,235 owned by Colgate-Palmolive Company and entitled DENTIFRICE CONTAINING FUNCTIONAL FILM FLAKES.  Filed August 25, 2010 by the patent owner.

(16)   90/011,186 (electronically filed) – U.S. Patent No. 7,669,056 owned by Microsoft Corporation and entitled METHOD AND APPARATUS FOR MEASURING PRESENTATION DATA EXPOSURE.  Filed August 25, 2010 by the patent owner.

(17)   90/011,187 (electronically filed) – U.S. Patent No. 5,622,375 owned by Albert T. Fairclough and licensed in the U.S. to Joovy LLC and entitled PUSH-CHAIR.  Filed August 25, 2010.

(18)   90/011,188 (electronically filed) – U.S. Patent No. 5,435,390 owned by Baker Hughes Incorporated and entitled REMOTE CONTROL FOR A PLUG-DROPPING HEAD.  Filed August 27, 2010 by Gulfstream Services, Inc.

(19)   90/011,189 (electronically filed) – U.S. Patent No. 5,590,713 owned by Baker Hughes Incorporated and entitled REMOTE CONTROL FOR WELL TOOL.  Filed August 27, 2010 by Gulfstream Services, Inc.

(20)   90/011,190 (electronically filed) – U.S. Patent No. 5,833,002 owned by Baker Hughes Incorporated and entitled REMOTE CONTROL PLUG-DROPPING HEAD.  Filed August 27, 2010 by Gulfstream Services, Inc.

(21)   90/011,191 (electronically filed) – U.S. Patent No. 5,856,790 owned by Baker Hughes Incorporated and entitled REMOTE CONTROL FOR A PLUG-DROPPING HEAD.  Filed August 27, 2010 by Gulfstream Services, Inc.

(22)   90/011,192 (electronically filed) – U.S. Patent No. 5,396,560 owned by Northrop Grumman Systems Corporation and entitled HEARING AID INCORPORATING A NOVELTY FILTER.  Filed August 27, 2010 by K/S HIMPP.  The ‘560 patent is currently the subject of a litigation styled Northrop Grumman Systems Corporation v. Siemens Audiologische Technik GMBH (C.D. Cal., Case No. 2:10-cv-03120-GAF-FFM, filed Apr. 26, 2010).

(23)   90/011,193 (electronically filed) – U.S. Patent No. 7,556,386 owned by 3M Innovative Properties Company and entitled LAMINA COMPRISING CUBE CORNER ELEMENTS AND RETROREFLECTIVE SHEETING.  Filed August 27, 2010.

(24)   90/011,194 (electronically filed) – U.S. Patent No. 5,611,322 owned by Toybox Corporation and entitled DISC DISCHARGING TOY.  Filed August 27, 2010.

(25)   90/009,798 (paper filed) – U.S. Patent No. 7,756,657 owned by ABB Inc. and entitled SYSTEM FOR STORING AND PRESENTING SENSOR AND SPECTRUM DATA FOR BATCH PROCESSES.  Filed August 10, 2010.

(26)   90/009,799 (paper filed) – U.S. Patent No. 7,726,322 having Kyu Suk Cho as its named inventor and entitled COSMETICS CASE.  Filed August 11, 2010.

(27)   90/009,802 (paper filed) – Information not currently available.

(28)   90/009,803 (paper filed) – Information not currently available.

(29)   90/009,804 (paper filed) – U.S. Patent No. D577,444 owned by Snap Lock Industries, Inc. and entitled TRANSITION EDGE FOR A MODULAR FLOOR TILE SYSTEM.  Filed August 23, 2010.

(30)   90/009,805 (paper filed) – U.S. Patent No. 5,822,267 owned by Renesas Technology Corporation and entitled SEMICONDUCTOR DEVICE INCORPORATING INTERNAL POWER SUPPLY FOR COMPENSATING FOR DEVIATION IN OPERATING CONDITION AND FABRICATION PROCESS CONDITIONS.  Filed August 23, 2010.

(31)   90/009,806 (paper filed) – Information not currently available.

(32)   90/009,807 (paper filed) – U.S. Patent No. 5,493,572 owned by Renesas Technology Corporation and entitled SEMICONDUCTOR INTEGRATED CIRCUIT WITH VOLTAGE LIMITER HAVING DIFFERENT OUTPUT RANGES FOR NORMAL OPERATION AND PERFORMING OF AGING TESTS.  Filed August 20, 2010.

(33)   90/009,808 (paper filed) – Information not currently available.

(34)   90/009,809 (paper filed) – U.S. Patent No. 5,674,882 owned by Abbott Laboratories and entitled RETROVIRAL PROTEASE INHIBITING COMPOUNDS.  Filed August 25, 2010.

(35)   90/009,810 (paper filed) – Information not currently available.

(36)   90/009,811 (paper filed) – Information not currently available.

(37)   90/009,812 (paper filed) – Information not currently available.

(38)   90/009,813 (paper filed) – U.S. Patent No. 7,570,456 owned by Minebea Co., Ltd. and entitled SPINDLE MOTOR HAVING A FLUID DYNAMIC BEARING SYSTEM.  Filed August 23, 2010.

(39)   90/009,814 (paper filed) – U.S. Patent No. 6,199,048 owned by NeoMedia Technologies, Inc. and entitled SYSTEM & METHOD FOR AUTOMATIC ACCESS OF A REMOTE COMPUTER OVER A NETWORK.  Filed August 25, 2010.

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