Samsung Attack on Two Mobile Phone Antenna Patents Owned by Fractus among the Reexamination Requests Filed the Week of November 8th

| November 17, 2010

Last year Fractus S.A of Spain sued Samsung and a host of other mobile telephone makers in the Eastern District of Texas for infringing nine patents related to internal antennas for mobile telephones.  Samsung has now filed reexamination requests against two of those Fractus patents (Inter partes Request Nos. (1) & (2) below).  Requests for reexamination have now been filed against all nine Fractus patents-in-suit.

Also of special interest are reexamination requests filed by TiVo against two EchoStar patents for TV programming (Ex parte Request Nos. (3) & (5) below).

The following inter partes requests were filed:

(1)         95/001,482 (electronically filed) – U.S. Patent No. 7,397,431 owned by Fractus S.A. and entitled MULTILEVEL ANTENNAE.  Filed November 11, 2010 by Samsung Electronics Co.  The ‘431 patent, like the ‘432 patent mentioned below, is currently the subject of a litigation styled Fractus S.A. v. Samsung Electronics Co. et al. (E.D. Tex., Case No. 8:09-cv-002031-LED-JDL, filed May 5, 2009).

(2)         95/001,483 (electronically filed) – U.S. Patent No. 7,394,432 owned by Fractus S.A. and entitled MULTILELVEL ANTENNAE.  Filed November 11, 2010 by Samsung Electronics Co.  The ‘432 patent, like the ‘431 patent mentioned above, is currently the subject of a litigation styled Fractus S.A. v. Samsung Electronics Co. et al. (E.D. Tex., Case No. 8:09-cv-002031-LED-JDL, filed May 5, 2009).

(3)         95/001,484 (electronically filed) – U.S. Patent No. 7,749,585 owned by Alan Zamore and entitled REDUCED PROFILE MEDICAL BALLON ELEMENT.  Filed November 12, 2010 by Medtronic Vascular, Inc.

(4)         95/001,485 (electronically filed) – U.S. Patent No. 7,043,543 owned by Server Technology, Inc., and ENTITLED VERTICAL-MOUNT ELECTRICAL POWER DISTRIBUTION PLUGSTRIP.  Filed November 12, 2010, by American Power Conversion Corporation.  The ‘543 patent is currently the subject of a litigation styled Server Technology, Inc. American Power Conversion Corporation (D. Nev., Case No. 3:06-cv-006981-LRH-VPC, filed May 5, 2009).

(5)         95/000,582 (paper filed) – U.S. Patent No. 6,875,377 owned by QSA Global Inc. and entitled GAMMA RADIATION SOURCE.  Filed November 2, 2010.

(6)         95/000,583 (paper filed) – U.S. Patent No. 6,825,422 owned by FormFactor and entitled INTERCONNECTION ELEMENT WITH CONTACT BLADE.  Filed November 1, 2010 by Micro-Probe.  The ‘422 patent is currently the subject of a litigation styled FormFactor v. Micro-Probe (N.D. Cal., Case No. 5:05-cv-03095, filed July 14, 2010).

And the following ex parte requests were filed:

(1)         90/011,309 (electronically filed) – Information not currently available.

(2)         90/011,318 (electronically filed) – U.S. Patent No. 6,885,870 owned by Comcast Cable Communications, LLC and entitled TRANSFERRING OF A MESSAGE.  Filed November 8, 2010 by the patent owner.

(3)         90/011,319 (electronically filed) – U.S. Patent No. 6,208,804 owned by EchoStar Technologies L.L.C. and entitled MULTIMEDIA DIRECT ACCESS STORAGE DEVICE AND FORMATTING METHOD.  Filed November 8, 2010 by TiVo Inc.  The ‘804 patent (along with the ‘186 patent – see below) is currently the subject of a litigation styled EchoStar Technologies Corporation v. TiVo Inc. et al. (E.D. Tex., Case No. 5:05-cv-00081-DF-CMC, filed Apr. 29, 2005).

(4)         90/011,320 (electronically filed) – U.S. Patent No. 7,534,879 owned by Academisch Ziekenhuis Leiden and entitled MODULATION OF EXONRECOGNITION IN PRE-MRNA BY INTERFERING WITH THE SECONDARY RNA STRUCTURE.  Filed November 9, 2010.

(5)         90/011,321 (electronically filed) – U.S. Patent No. 5,774,186 owned by EchoStar Technologies, LLC and entitled INTERRUPATION TOLERANT VIDEO PROGRAM VIEWING.  Filed November 9, 2010 by TiVo Inc.  The ‘186 patent (along with the ‘804 patent – see above) is currently the subject of a litigation styled EchoStar Technologies Corporation v. TiVo Inc. et al. (E.D. Tex., Case No. 5:05-cv-00081-DF-CMC, filed Apr. 29, 2005).

(6)         90/011,322 (electronically filed) – U.S. Patent No. 5,974,390 owned by Institutional Pooled Benefits LLC and entitled SYSTEM AND METHOD FOR ASSURING PREDICTABLE GAINS.  Filed November 10, 2010.

(7)         90/011,323 (electronically filed) – U.S. Patent No. 6,300,863 owned by Absolute Software Corporation and entitled METHOD AND APPARATUS TO MONITOR AND LOCATE AN ELECTRONIC DEVICE USING A SECURED INTELLIGENT AGENT VIA A GLOBAL NETWORK.  Filed November 10, 2010.

(8)         90/011,324 (electronically filed) – U.S. Patent No. 7,166,692 owned by Lonza Walkersville Inc. and entitled INTRACELLULAR DELIVERY OF SMALL MOLECULES, PROTEINS AND NUCLEIC ACIDS.  Filed November 10, 2010.

(9)         90/011,325 (electronically filed) – U.S. Patent No. 7,566,464 owned by Belfer Cosmetics, LLC and entitled COSMETIC COMPOSITION TO ACCELERATE REPAIR OF FUNCTIONAL WRINKLES.  Filed November 10, 2010 by Estee Lauder. The ‘464 patent is currently the subject of a litigation styled Belfer Cosmetics v. Estee Lauder (S.D. Tex., Case No. 4:10-cv-03123, filed Aug. 30, 2010).

(10)     90/011,326 (electronically filed) – U.S. Patent No. 7,827,805 owned by Amerigon and entitled SEAT CLIMATE CONTROL SYSTEM.  Filed November 12, 2010.

(11)     90/011,327 (electronically filed) – U.S. Patent No. 6,566,805 owned by Sharp and entitled ORGANIC ELECTROLUMINESCENT ELEMENT & PRODUCTION METHOD THEREOF.  Filed November 12, 2010.

(12)     90/011,328 (electronically filed) – U.S. Patent No. 4,974,088 owned by Lectrolarm Custom Systems, Inc. and entitled REMOTE CONTROL APPARATUS FOR A ROTATING TELEVISION CAMERA BASE.  Filed November 12, 2010.

(13)     90/011,329 (electronically filed) – U.S. Patent No. 7,226,978 owned by DexCom and entitled TECHNIQUES TO IMPROVE POLYURETHANE MEMBRANES FOR IMPLANTABLE GLUCOSE SENSORS.  Filed November 12, 2010.

(14)     90/011,330 (electronically filed) – U.S. Patent No. 7,192,450 owned by DexCom and entitled POROUS MEMBRANES FOR USE WITH IMPLANTABLE DEVICES.  Filed November 12, 2010.

(15)     90/011,331 (electronically filed) – U.S. Patent No. 5,487,069 owned by Commonwealth Scientific and Industrial Research Organization and entitled WIRELESS LAN.  Filed November 12, 2010.

(16)     90/009,845 (paper filed) – U.S. Patent No. 6,457,681 owned by Mike’s Train House, Inc. and entitled CONTROL, SOUND, AND OPERATING SYSTEM FOR MODEL TRAINS.  Filed November 4, 2010 by Broadway Limited Imports.  The ‘681 patent is currently the subject of a litigation styled Mike’s Train House v. Broadway Limited Imports (D. Md., Case No. 09-cv-02657).

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