Apple Requests for Reexamination of MONKEYMedia Patents among those Filed Week of December 6, 2010

Scott Daniels | December 14, 2010

When sued for patent infringement, Apple’s strategy this year has been to request reexamination of the patents-in-suit as soon as possible.  It repeated that strategy this week by filing inter partes requests against two MONKEYMedia patents (see Inter partes Request Nos. (3) & (5))..

DNA2.0, Inc. has requested reexamination of U.S. Patent No. 5,786,464 owned by NIH for “Over-expression of Mammalian and Viral Proteins” (see Ex parte Request No. (12)).   An ironic aspect of this conflict is that DNA2.0 is a past recipient of grant money from NIH. 

And finally, HTC appears to have completed its assault on Fractus by requesting reexamination of three more Fractus patents (see Inter partes Request Nos. (8) to (10)).

The following inter partes requests were filed:

(1)         95/001,502 (electronically filed) – U.S. Patent No. 7,841,569 entitled KEYBOARD SUPPORT and owned by Bank of America.  Filed December 8, 2010, by Waterloo Furniture Components, Inc.  The ‘569 patent is currently the subject of a litigation styled CompX Int’l Inc. et al. v. Humanscale Corp., (Case No. 1:10-cv-1179 (W.D. Mich)) and Humanscale Corp. v. CompX Int’l Inc. et al. (Case No. 4:10-cv-04780 (S.D. Tex.)). 

(2)         95/001,503 (electronically filed) – U.S. Patent No. 7,841,570 entitled KEYBOARD SUPPORT MECHANISM and owned by Bank of America. Filed December 8, 2010 by Waterloo Furniture Components, Inc.  The ‘570 patent is currently the subject of a litigation styled CompX Int’l Inc. et al. v. Humanscale Corp., (Case No. 1:10-cv-1179 (W.D. Mich)) and Humanscale Corp. v. CompX Int’l Inc. et al. (Case No. 4:10-cv-04780 (S.D. Tex.)). 

(3)         95/001,504 (electronically filed) – U.S. Patent No. 7,467,218 entitled METHOD AND STORAGE DEVICE FOR EXPANDING AND CONTRACTING CONTINUOUS PLAY MEDIA SEAMLESSLY and owned by MONKEYMedia Filed December 9, 2010, by Apple.  The ‘218 patent is currently the subject of a litigation styled MONKEYMedia v. Apple, Inc. and MONKEYMedia v. The Walt Disney Co., et al. (Case Nos. 1:10-cv-00319 (W.D. Tex.) & 1:10-cv-00533 (W.D. Tex.)).

(4)         95/001,505 (electronically filed) – U.S. Patent No. 7,467,229 entitled METHOD AND APPARATUS FOR ROUTING OF NETWORK ADDRESSES and owned by Direct Route, LLC.  Filed December 10, 2010, by Onoffline, Inc.  The ‘patent is currently the subject of a litigation styled Direct Route, LLC.  v. Onoffline, Inc. (Case No. 09-cv-1509-MJP (W.D. Wash)) and Direct Route, LLC.  v. Spirevision, Inc. (Case No. 09-cv-0486-RAJ (W.D. Wash)).

(5)         95/001,506 (electronically filed) – U.S. Patent No. 6,615,270 entitled METHOD AND STORAGE DEVICE FOR EXPANDING AND CONTRACTING CONTINUOUS PLAY MEDIA SEAMLESSLY and owned by MONKEYMedia.  Filed December 10, 2010, by Apple. The ‘270 patent is currently the subject of a litigation styled MONKEYMedia v. Apple, Inc. and MONKEYMedia v. The Walt Disney Co., et al. (Case Nos. 1:10-cv-00319 (W.D. Tex.) & 1:10-cv-00533 (W.D. Tex.)).

(6)         95/000,596 (paper filed) – U.S. Patent No. 7,720,245 entitled HEARING AID and owned by Entrepreneur Growth Capital.  Filed November 19, 2010 by.  The ‘245 patent is currently the subject of a litigation styled Auditory Lic. Co. v. GN Resound, (Case No. 3:10-cv-1052, D. Conn.). 

(7)         95/000,597 (paper filed) – U.S. Patent No. 7,530,932 entitled UPPER-BODY EXERCISE CYCLE and owned by A.A.R.M.-1, LLC.  Filed December 1, 2010, by Five Giri, Inc

(8)         95/000,598 (paper filed) – U.S. Patent No. 7,148,850 entitled SPACE-FILLING MINIATURE ANTENNAS and owned by Fractus.  Filed December 3, 2010, by HTC.  The ‘850 patent 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).

(9)         95/000,599 (paper filed) – U.S. Patent No. 7,312,762 entitled LOADED ANTENNA and owned by Fractus.  Filed December 3, by HTC.  The ‘762 patent 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).

(10)     95/000,600 (electronically filed) – U.S. Patent No. 7,411,556 entitled MULTI-BAND MONOPOLE ANTENNA FOR A MOBILE COMMUNICATIONS DEVICE and owned by Fractus.  Filed December 3, 2010, by HTC.  The ‘556 patent 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).

The following ex parte requests were filed:

(1)         90/011,371 (electronically filed) – U.S. Patent No. D615,018 entitled WHEEL OR WHEEL COVER and owned by BMW.  Filed December 6, 2010, by the patentee.  

(2)         90/011,372 (electronically filed) – U.S. Patent No. 7,277,854 entitled SPEECH RECOGNITION SYSTEM INTERACTIVE AGENT and owned by Filed December 6, 2010, by.   The ‘patent is currently the subject of a litigation styled

(3)         90/011,373 (electronically filed) – U.S. Patent No. 5,965,831entitled and owned by Geoffrey McCabe.  Filed December 7, 2010, by.   The ‘831 patent is currently the subject of a litigation styled McCabe v. Floyd Rose Guitars et al., (Case No. 10-cv-0581-JLS-JMA (S.D. Cal.)). 

(4)         90/011,374 (electronically filed) – U.S. Patent No. 7,470,841 entitled and owned by Geoffrey McCabe.  Filed December 7, 2010.   The ‘841 patent is currently the subject of a litigation styled McCabe v. Floyd Rose Guitars et al., (Case No. 10-cv-0581-JLS-JMA (S.D. Cal.)). 

(5)         90/011,375 (electronically filed) – U.S. Patent No. 6,175,066 entitled and owned by Geoffrey McCabe.  Filed December 7, 2010.   The ‘066 patent is currently the subject of a litigation styled McCabe v. Floyd Rose Guitars et al., (Case No. 10-cv-0581-JLS-JMA (S.D. Cal.)). 

(6)         90/011,376 (electronically filed) – U.S. Patent No. 6,891,094 entitled and owned by Geoffrey McCabe.  Filed December 7, 2010.   The ‘094 patent is currently the subject of a litigation styled McCabe v. Floyd Rose Guitars et al., (Case No. 10-cv-0581-JLS-JMA (S.D. Cal.)). 

(7)         90/011,377 (electronically filed) – U.S. Patent No. 5,986,191 entitled and owned by Geoffrey McCabe.  Filed December 7, 2010.   The ‘191 patent is currently the subject of a litigation styled McCabe v. Floyd Rose Guitars et al., (Case No. 10-cv-0581-JLS-JMA (S.D. Cal.)). 

(8)         90/011,378 (electronically filed) – U.S. Patent No. 6,238,412 entitled BIOLOGICAL PASSAGEWAY OCCLUSION REMOVAL and owned by Genesis Medical Interventional, Inc.  Filed December 8, 2010, by St. Jude Medical, Cardiology Division, Inc.   The ‘412 patent is currently the subject of a litigation styled Genesis Medical Interventional, Inc. v. St. Jude Medical, Cardiology Division, Inc., (Case No. 3:09-05123-MEJ (N.D. Cal.)). 

(9)   90/011,379 (electronically filed) – U.S. Patent No. 5,742,737 entitled METHOD FOR RECORDING VOICE MESSAGES ON FLASH MEMORY IN A HAND HELD RECORDER and owned by Olympus Corporation.  Filed December 8, 2010.  

(10)     90/011,380 (electronically filed) – U.S. Patent No. 5,045,947 entitled TELEVISION RECEIVER HAVING MEMORY CONTROL FOR TUNE-BY-LABEL FEATURE.  Filed December 8, 2010.  

(11)     90/011,381 (electronically filed) – U.S. Patent No. 6,121,898 entitled TRAFFIC LAW ENFORCEMENT SYSTEM and owned by American Traffic Solutions.  Filed December 9, 2010.  

(12)     90/001,382 (electronically filed) – U.S. Patent No. 5,786,464 entitled OVEREXPRESSION OF MAMMALIAN AND VIRAL PROTEINS and owned by NIH.  Filed December 9, 2010, by DNA2.0, Inc.  

(13)     90/011,383 (electronically filed) – U.S. Patent No. 5,827,178 entitled LARYNGOSCOPE FOR USE IN TRACHEA INTUBATION and owned by Jonathan Berall.  Filed December 10, 2010.   The ‘178 patent is currently the subject of a litigation styled Berall v. Verathon et al., (Case No. 1:10-cv-05777-BSJ (S.D.N.Y.)).

(14)     90/009,857 (paper filed) – U.S. Patent No. 5,995,947 entitled INTERACTIVE MORTGAGE AND LOAN INFORMATION AND REAL-TIME TRADING SYSTEM and owned by John Hummer.  Filed December 2, 2010.   The ‘947 patent is currently the subject of a litigation styled IMX, Inc. v. E-Loan, Inc. et al., (Case No. 1:09-cv-20965-JEM (S.D. Fla.)).

(15)     90/009,858 (paper filed) – U.S. Patent No. 5,996,011 entitled SYSTEM AND METHOD FOR FILTERING DATA RECEIVED BY A COMPUTER SYSTEM and owned by Symantec Corp.  Filed December 3, 2010.   The ‘011 patent is currently the subject of a litigation styled Symantec Corp. v. M86 Security, Inc., (Case No. 8:10-cv-01513-JST-RNB (C.D. Cal)).

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