Reexamination Requests Filed the Week of September 6th

| September 15, 2010

Last week saw two blockbuster sets of filings – Shared Marketing Services filed ex parte requests against five eComSystems patents (6) to (10), and Illinois Tool Works filed ex parte requests against seven patents belonging to Digi-Star (13) to (19).  Illinois Tool has appeared in many reexaminations over the years.  In both instances, the respective parties are in litigation.

Two other ex parte reexamination requests may prove to be commercially significant, one filed against a Hitachi semiconductor patent (25), and another filed against a Kubota tractor patent (30).  The names of the companies that filed these requests are not apparent from the files.

Finally, information regarding the last of the eight PubPat requests against Abbott, inter partes (8), became available last week.

The following inter partes requests were filed:

(1)   95/001,432 (electronically filed) – Information not currently available.

(2)   95/001,439 (electronically filed) – U.S. Patent No. 7,726,029 owned by Spellbound Development Group, Inc. and entitled SAFETY CUTTING APPARATUS.  Filed September 7, 2010 by Pacific Handy Cutter, Inc.  The ‘029 patent (along with the ‘640 and ‘928 patents – see below) is currently the subject of a litigation styled Spellbound Development Group, Inc. v. Pacific Handy Cutter, Inc. (C.D. Cal., Case No. 8:09-cv-00951-DOC-AN, filed Aug. 17, 2009).

(3)   95/001,440 (electronically filed) – U.S. Patent No. 7,130,821 owned by Versata Development Group, Inc. and entitled METHOD AND APPARATUS FOR PRODUCT COMPARISON.  Filed September 8, 2010 by Internet Brands, Inc., AutoData Solutions Co., and AutoData Solutions, Inc.  The ‘821 patent (along with the ‘029 and ‘928 patents – see above and below) is currently the subject of a litigation styled Versata Software, Inc. v. Internet Brands, Inc. (E.D. Tex., Case No. 2:08-cv-00313-CE, filed Aug. 8, 2008).

(4)   95/001,441 (electronically filed) – U.S. Patent No. 6,718,640 owned by Spellbound Development Group, Inc. and entitled CUTTING TOOL.  Filed September 9, 2010 by Pacific Handy Cutter, Inc.  The ‘640 patent is currently the subject of a litigation styled Spellbound Development Group, Inc. v. Pacific Handy Cutter, Inc. (C.D. Cal., Case No. 8:09-cv-00951-DOC-AN, filed Aug. 17, 2009).

(5)   95/001,442 (electronically filed) – U.S. Patent No. 7,356,928 owned by Spellbound Development Group, Inc and entitled UTILITY KNIFE WITH SAFETY GUARD HAVING REDUCED PLAY.  Filed September 9, 2010 by Pacific Handy Cutter, Inc.  The ‘928 patent (along with the ‘029 and ‘640 patents – see above) is currently the subject of a litigation styled Spellbound Development Group, Inc. v. Pacific Handy Cutter, Inc. (C.D. Cal., Case No. 8:09-cv-00951-DOC-AN, filed Aug. 17, 2009).

(6)   95/001,443 (electronically filed) – U.S. Patent No. 6,922,926 owned by Miller UK Limited and entitled UNIVERSAL COUPLER FOR EXCAVATOR BUCKETS.  Filed September 10, 2010.

(7)   95/001,444 (electronically filed) – U.S. Patent No. 6,729,932 owned by Hasbro, Inc. and entitled TOY WITH ILLUMINATED POLYHEDRON.  Filed September 10, 2010 by Ganz.

(8)   95/000,569 (paper filed) – U.S. Patent No. 6,703,403 owned by Abbott Laboratories and entitled METHOD FOR IMPROVING PHARMACOKINETICS.  Filed August 25, 2010 by the Public Patent Foundation.

(9)   95/000,571 (paper filed) – Information not currently available.

And the following ex parte requests were filed:

(1)   90/011,178 (electronically filed) – Information not currently available.

(2)   90/011,179 (electronically filed) – Information not currently available.

(3)   90/011,208 (electronically filed) – U.S. Patent No. 5,251,294 owned by Webvention LLC and entitled ACCESSING, ASSEMBLING, AND USING BODIES OF INFORMATION.  Filed September 7, 2010.  The ‘294 patent is currently the subject of a litigation styled Webvention LLC v. Abercrombie & Fitch Co. et al. (E.D. Tex., Case No. 2:10-cv-00253-TJW-CE, filed July 20, 2010).

(4)   90/011,209 (electronically filed) – U.S. Patent No. 7,708,761 owned by minSURG International, Inc. and entitled SPINAL PLUG FOR A MINIMALLY INVASIVE FACET JOINT FUSION SYSTEM.  Filed September 7, 2010 by VG Innovations, Inc.  The ‘761 patent is currently the subject of a litigation styled VG Innovations, Inc. v. MinSURG Corporation et al. (M.D. Fla., Case No. 8:10-cv-01726-VMC-MAP, filed Aug. 3, 2010).

(5)   90/011,210 (electronically filed) – Information not currently available.

(6)   90/011,211 (electronically filed) – U.S. Patent No. 7,707,081 owned by eComSystems, Inc. and entitled SYSTEM AND METHOD FOR COMPUTER-CREATED ADVERTISEMENTS.  Filed September 8, 2010 by Shared Marketing Services, Inc.  The ‘081 patent (along with the ‘719, ‘105, ‘983, and ‘237 patents – see below) is currently the subject of a litigation styled eComSystems, Inc. v. Shared Marketing Services, Inc. et al. (M.D. Fla., Case No. 8:10-cv-01531-VMC-MAP, filed July 12, 2010).

(7)   90/011,212 (electronically filed) – U.S. Patent No. 7,698,719 owned by eComSystems, Inc. and entitled SYSTEM AND METHOD FOR COMPUTER-CREATED ADVERTISEMENTS.  Filed September 8, 2010 by Shared Marketing Services, Inc.  The ‘719 patent (along with the ‘081, ‘105, ‘983, and ‘237 patents – see above and below) is currently the subject of a litigation styled eComSystems, Inc. v. Shared Marketing Services, Inc. et al. (M.D. Fla., Case No. 8:10-cv-01531-VMC-MAP, filed July 12, 2010).

(8)   90/011,213 (electronically filed) – U.S. Patent No. 7,665,105 owned by eComSystems, Inc. and entitled SYSTEM AND METHOD FOR COMPUTER-CREATED ADVERTISEMENTS.  Filed September 8, 2010 by Shared Marketing Services, Inc.  The ‘105 patent (along with the ‘081, ‘719, ‘983, and ‘237 patents – see above and below) is currently the subject of a litigation styled eComSystems, Inc. v. Shared Marketing Services, Inc. et al. (M.D. Fla., Case No. 8:10-cv-01531-VMC-MAP, filed July 12, 2010).

(9)   90/011,214 (electronically filed) – U.S. Patent No. 7,315,983 owned by eComSystems, Inc. and entitled SYSTEM AND METHOD FOR COMPUTER-CREATED ADVERTISEMENTS.  Filed September 8, 2010 by Shared Marketing Services, Inc.  The ‘983 patent (along with the ‘081, ‘719, ‘105, and ‘237 patents – see above and below) is currently the subject of a litigation styled eComSystems, Inc. v. Shared Marketing Services, Inc. et al. (M.D. Fla., Case No. 8:10-cv-01531-VMC-MAP, filed July 12, 2010).

(10)   90/011,215 (electronically filed) – U.S. Patent No. 7,673,237 owned by eComSystems, Inc. and entitled SYSTEM AND METHOD FDOR COMPUTER-CREATED ADVERTISEMENTS.  Filed September 8, 2010 by Shared Marketing Services, Inc.  The ‘237 patent (along with the ‘081, ‘719, ‘105, and ‘983 patents – see above) is currently the subject of a litigation styled eComSystems, Inc. v. Shared Marketing Services, Inc. et al. (M.D. Fla., Case No. 8:10-cv-01531-VMC-MAP, filed July 12, 2010).

(11)   90/011,216 (electronically filed) – U.S. Patent No. 7,553,185 having Jinliang Qu as its first named inventor and entitled DUAL-EXTRUSION AIRTIGHT RF COAXIAL CONNECTOR WITH SELF-LOCKING BY SNAP-FASTENING.  Filed September 9, 2010.

(12)   90/011,217 (electronically filed) – U.S. Patent No. 6,594,565 owned by InterMotive, Inc. and entitled INTELLIGENT LIFT INTERLOCK SYSTEM.  Filed September 10, 2010 by InPower, LLC.  The ‘565 patent is currently the subject of a litigation styled InterMotive, Inc. v. InPower, LLC (E.D. Cal., Case No. 2:05-cv-00844-FCD-GGH, filed Apr. 28, 2005).

(13)   90/011,218 (electronically filed) – U.S. Patent No. 6,732,667 owned by Digi-Star, LLC and entitled GRAIN DRILL WITH WEIGHT SENSING DEVICE FOR SENSING THE WEIGHT OF SEED GRAIN IN A HOPPER.  Filed September 10, 2010 by Illinois Tool Works, Inc.

(14)   90/011,219 (electronically filed) – U.S. Patent No. 7,059,258 owned by Digi-Star, LLC and entitled GRAIN DRILL WITH ACCURATE METERING OF THE RATE OF PLANTING SEED.  Filed September 10, 2010 by Illinois Tool Works, Inc.

(15)   90/011,220 (electronically filed) – U.S. Patent No. 7,273,017 owned by Digi-Star, LLC and entitled GRAIN DRILL WITH ACCURATE METERING OF THE RATE OF PLANTING SEED.  Filed September 10, 2010 by Illinois Tool Works, Inc.

(16)   90/011,221 (electronically filed) – U.S. Patent No. 7,357,087 owned by Digi-Star, LLC and entitled GRAIN DRILL WITH ACCURATE METERING OF THE RATE OF PLANTING OF SEED.  Filed September 10, 2010 by Illinois Tool Works, Inc.

(17)   90/011,222 (electronically filed) – U.S. Patent No. 7,448,335 owned by Digi-Star, LLC and entitled GRAIN DRILL WITH ACCURATE METERING OF THE RATE OF PLANTING OF SEED.  Filed September 10, 2010 by Illinois Tool Works, Inc.

(18)   90/011,223 (electronically filed) – U.S. Patent No. 7,523,710 owned by Digi-Star, LLC and entitled GRAIN DRILL WITH ACCURATE METERING OF THE RATE OF PLANTING OF SEED.  Filed September 10, 2010 by Illinois Tool Works, Inc.

(19)   90/011,224 (electronically filed) – U.S. Patent No. 7,765,944 owned by Digi-Star, LLC and entitled GRAIN DRILL WITH ACCURATE METERING OF THE RATE OF PLANTING OF SEED.  Filed September 10, 2010 by Illinois Tool Works, Inc.

(20)   90/011,225 (electronically filed) – U.S. Patent No. 7,776,355 owned by Medicis Pharmaceutical Corporation and entitled DELIVERY SYSTEMS FOR TOPICAL MEDICATIONS.  Filed September 10, 2010.  The ‘355 patent is currently the subject of a litigation styled Medicis Pharmaceutical Corporation v. Acella Pharmaceuticals Incorporated (D. Ariz., Case No. 2:10-cv-01780-JAT, filed Aug. 19, 2010).

(21)   90/011,226 (electronically filed) – U.S. Patent No. 7,776,335 owned by Medicis Pharmaceutical Corporation and entitled DELIVERY SYSTEMS FOR TOPICAL MEDICATIONS.  Filed September 10, 2010.  The ‘355 patent is currently the subject of a litigation styled Medicis Pharmaceutical Corporation v. Acella Pharmaceuticals Incorporated (D. Ariz., Case No. 2:10-cv-01780-JAT, filed Aug. 19, 2010).

(22)   90/011,227 (electronically filed) – U.S. Patent No. 6,548,204 owned by Samsung SDI Co., Ltd and entitled SEALED BATTERY.  Filed September 10, 2010 by the patent owner.

(23)   90/009,802 (paper filed) – U.S. Patent No. 6,411,512 owned by Delta Engineers and entitled HIGH PERFORMANCE COLD PLATE.  Filed August 17, 2010.

(24)   90/009,803 (paper filed) – U.S. Patent No. 7,690,160 owned by Snap Lock Industries, Inc. and entitled MODULAR FLOOR TILE SYSTEM WITH TRANSITION EDGE.  Filed August 19, 2010 by Connor Sport Court International.  The ‘160 patent is currently the subject of a litigation styled Snap Lock Industries, Inc. v. Connor Sport Court International (D. Utah, Case No. 2:10-cv-00294-DS, filed Apr. 6, 2010).

(25)   90/009,806 (paper filed) – U.S. Patent No. 5,444,665 owned by Hitachi, Ltd. and entitled SEMICONDUCTOR MEMORY DEVICE.  Filed August 20, 2010.

(26)              90/009,815 (paper filed) – U.S. Patent No. 7,384,244 owned by General Electric Company and entitled FATIGUE-RESISTANT COMPONENTS AND METHOD THEREFOR.  Filed August 30, 2010.

(27)   90/009,816 (paper filed) – U.S. Patent No. 6,342,290 having Nathan T. Conk as its named inventor and entitled CAMOUFLAGE PATTERN METHOD AND APPARATUS.  Filed August 30, 2010.

(28)   90/009,818 (paper filed) – U.S. Patent No. 7,722,448 owned by Jarvis Products Corporation and entitled DEHIDER WITH GOVERNOR AND STRENGTHENED BLADE.  Filed August 26, 2010.

(29)   90/009,819 (paper filed) – U.S. Patent No. 6,246,247 owned by FormFactor, Inc. and entitled PROBE CARD ASSEMBLY AND KIT, AND METHODS OF USING SAME.  Filed September 4, 2010.  The ‘247 patent is currently the subject of a litigation styled FormFactor, Inc. v. Micro-Probe, Inc. et al. (C.D. Cal., Case No. 3:10-cv-03095-VRW, filed July 14, 2010).

(30)   90/009,820 (paper filed) – U.S. Patent No. 6,460,886 owned by Kubota Corporation and entitled TRACTOR.  Filed September 7, 2010.

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