Fractus Patents Hit with Nine More Reexamination Requests, Among New Requests Filed Last Week

Scott Daniels | December 1, 2010

In our post of November 22, 2010, we described Samsung’s strategy for defending against allegations that it and several other cell phone makers infringe nine antenna patents owned by Fractus – specifically by vigorously defending in the eastern District of Texas and requesting reexamination at the PTO against all nine Fractus patents.  Now it appears that co-defendant Kyocera has filed its own set of reexamination requests against the “Fractus Nine” (Inter partes Nos. (4) to (11), (13) below).  Not all the details of the new requests are publically available because these new requests were paper-filed and because of certain procedural problems.  It is quite likely, however, that these requests will be granted and merged with Samsung’s earlier reexaminations.  

Also of interest is a request filed by Abbott Diabetes Care Inc. against a DexCom patent for transcutaneous analyte sensors.  Abbott and DexCom sparred in reexamination over that technology in the past, for instance regarding U.S. Patent Nos. 6,931, 327 and 7,276,029.

The following inter partes requests were filed:

(1)         95/001,492 (electronically filed) – U.S. Patent No. 6,716,062 entitled COAXIAL CABLE F CONNECTOR WITH IMPROVED RFI SEALING and owned by John Nezzalinqua Associates Filed November 23, 2010, by PCT International.  The ‘patent is currently the subject of a litigation styled John Nezzalinqua Associates DBA PPC v. PCT International. (Case No. 5:10-cv-00100-WRF, W.D. Tex.).

(2)         95/001,493 (electronically filed) – U.S. Patent No. 6,725,867 entitled PROCESS FOR PRODUCING SMOKING ARTICLES WITH REDUCED IGNITION PROCLIVITY CHARACTERISTICS AND PRODUCTS MADE ACCORDING TO SAME and owned by Schweitzer-Manduit International, Inc. Filed November 24, 2010. 

(3)         95/001,495 (electronically filed) – U.S. Patent No. 6,940,751 entitled HIGH DENSITY SEMICONDUCTOR MEMORY CELL AND MEMORY ARRAY USING A SINGLE TRANSISTOR AND HAVING VARIABLE GATE OXIDE BREAKDOWN and owned by Kilopass Technology Inc. Filed November 24, 2010, by Sidense Corp

(4)         95/000,586 (paper filed) – U.S. Patent No. 7,397,431 entitled MULTILEVEL ANTENNAE and owned by Fractus.  Filed November 12, 2010, by Kyocera.  The ‘431 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).

(5)         95/000,587 (paper filed) – U.S. Patent No. 7,312,762 entitled and owned by Fractus.  Filed November 12, 2010, by Kyocera.  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).

(6)         95/000,588 (paper filed) – U.S. Patent No. 7,394,432 entitled MULTILELVEL ANTENNAE and owned by Fractus.  Filed November 12, by Kyocera.  The ‘432 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).

(7)         95/000,589 (paper filed) – U.S. Patent No. 7,015,868 entitled MULTILEVEL ANTENNAE and owned by Fractus.  Filed November 16, 2010 by Kyocera.  The ‘868 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).

(8)         95/000,590 (paper filed) – U.S. Patent No. 7,411,556 entitled MULTI-BAND MONOPOLE ANTENNAE FOR A MOBILE COMMUNICATIONS DEVICE and owned by Fractus.  Filed November 16, 2010, by Kyocera.  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).

(9)          95/000,591 (paper filed) – U.S. Patent No. 7,123,208 entitled MULTILEVEL ANTENNAE and owned by Fractus.  Filed November 16, 2010, by Kyocera.  The ‘208 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)     95/000,592 (paper filed) – U.S. Patent No. 7,202,822 entitled SPACE-FILLING MINIATURE ANTENNAE and owned by Fractus. Filed November 16, 2010, by Kyocera.  The ‘822 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).

(11)     95/000,593 (paper filed) – U.S. Patent No. 7,148,850 entitled SPACE-FILLING MINIATURE ANTENNAE and owned by Fractus.  Filed November 16, 2010, by.  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).

(12)     95/000,594 (paper filed) – U.S. Patent No. 7,749,024 owned by Southwire and entitled METHOD OF MANUFACTURING THIN ELECTRICAL CABLE, AND RESULTING PRODUCT, WITH REDUCED REQUIRED INSTALLATION PULLING FORCE.  Filed November 17, 2010 by Cerro Wire LLC

(13)     95/000,595 (paper filed) – U.S. Patent No. 7,528,782 entitled MULTILEVEL ANTENNAE and owned by Fractus.  Filed November 17, 2010, by Kyocera.  The ‘782 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 reexamination requests were filed:

(1)         90/011,350 (electronically filed) – U.S. Patent No. 5,963,912 entitled TELEPHONE-BASED PERSONNEL TRACKING SYSTEM and owned by TD Bank, NA. Filed November 22, 2010, by EPAY Systems Inc.  The ‘912 patent is the subject of a pending litigation styled Sandata Technologies, Inc. v. American EPAY (Case No. 09-cv-6353-LMM-THK). 

(2)         90/011,351 (electronically filed) – U.S. Patent No. 7,497,827 entitled TRANSCUTANEOUS ANALYTE SENSOR and owned by DexCom, Inc.  Filed November 22, 2010, by Abbott Diabetes Care Inc

(3)         90/011,352 (electronically filed) – U.S. Patent No. 6,591,890, entitled SPEED REDUCER FOR RETRACTABLE SCREEN SYSTEMS and owned by Clear View Prods., Southeast.  Filed November 23, 2010, by Stoett Industries.  The ‘890 patent is the subject of the litigation styled Clear View Prods., Southeast v. Stoett Indus, et al. (Case No. 3:10-cv-775-TJC-JBT, M.D. Fla.).

(4)         90/011,353 (electronically filed) – U.S. Patent No.  6,855,505, entitled SPEED REDUCER FOR RETRACTABLE SCREEN SYSTEMS and owned by Clear View Prods., Southeast.  Filed November 23, 2010, by Stoett Industries.  The ‘505 patent is the subject of the litigation styled Clear View Prods., Southeast v. Stoett Indus, et al. (Case No. 3:10-cv-775-TJC-JBT, M.D. Fla.).

(5)         90/011,354 (electronically filed) – U.S. Patent No. 7,569,033 entitled SAFETY INTRAVENOUS CATHETER ASSEMBLY and owned by Albany Medical College.  Filed November 23, 2010.

(6)         90/009,851 (paper filed) – U.S. Patent No. 6,337,114 entitled FLEXIBLE LINING WITH FLEXIBLE COLLAR FOR LINING LATERAL PIPELINES and owned by INA Acquisition Corp.  Filed November 17, 2010.

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