HTC Attacks on Fractus Patents among Reexamination Requests Filed Week of November 29

Scott Daniels | December 8, 2010

In previous weeks, Samsung and Kyocera have requested reexamination of the patents that Fractus had accused them and other cell phone makers of infringing.  Last week, it was HTC’s turn, as it requested reexamination of five of the nine Fractus patents-in-suit (see Inter partes Request Nos. (3), (4), (5), (6) and (7)).  The infringement litigation is Fractus S.A. v. Samsung Electronics Co. et al. in the Eastern District of Texas.

Requests were also filed against four AT&T patents (see Ex parte Request Nos. (13) to (16)) that are the subject of AT&T Intellectual Prop. V. TiVo Inc. in the Northern District of California.  Though the identity of the filer is not yet clear from PTO files, it is presumably TiVo, no stranger to reexamination proceedings.

Finally, LG is attacking Whirlpool’s ‘130 patent that LG was found by a Delaware jury to infringe earlier this year (see Ex parte Request No. (20)).

The following inter partes requests were filed:

(1)         95/001,494 (electronically filed) – U.S. Patent No. 5,878,753 entitled SMOKING ARTICLE WRAPPER FOR CONTROLLING IGNITION PROCLIVITY WITHOUT AFFECTING SMOKING CHARACTERISTICS and owned by Schweitzer-Manduit International, Inc. Filed November 24, 2010, by Delfortgroup AG.   The ‘753 patent is currently the subject of a litigation styled Schweitzer-Manduit International, Inc. v. Delfortgroup AG (Case No. 10-cv-293, D.S.C.).

(2)         95/001,496 (electronically filed) – U.S. Patent No. 7,819,220 entitled SIDE-BY-SIDE ATV and owned by Polaris Indus. Inc. Filed December 1, 2010, by CFMOTO Powersports, Inc.  The ‘220 patent is currently the subject of a litigation styled Polaris Indus. Inc. CFMOTO Powersports, Inc. (Case No. 10-cv-04362-JNE-AJB, D. Minn.).

(3)         95/001,497 (electronically filed) – U.S. Patent No. 7,397,431 entitled MULTILEVEL ANTENNAE and owned by Fractus.  Filed December 3, 2010, by HTC.  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).

(4)         95/001,498 (electronically filed) – U.S. Patent No. 7,015,868 entitled MULTILEVEL ANTENNAE and owned by Fractus. Filed December 3, 2010 by HTC.  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).

(5)         95/001,499 (electronically filed) – U.S. Patent No. 7,528,782 entitled MULTILEVEL ANTENNAE and owned by Fractus.  Filed December 3, 2010, by HTC.  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).

(6)         95/001,500 (electronically filed) – U.S. Patent No. 7,394,432 entitled MULTILELVEL ANTENNAE and owned by Fractus.  Filed December 3, by HTC.  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)         95/001,501 (electronically filed) – U. S. Patent No. 7,123,208 entitled MULTILEVEL ANTENNAE and owned by Fractus.  Filed December 3, 2010, by HTC.  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).

(8)         95/000,596 (paper filed) – U.S. Patent No. 7,720,245 entitled HEARING AID SYSTEM and owned by Entrepreneur Growth Capital LLC. Filed November 19, 2010, by.  The ‘patent is currently the subject of a litigation styled (Case No.,.).

The following ex parte requests were filed:

(1)         90/011,355 (electronically filed) – U.S. Patent No. 6,476,010 entitled METHOD FOR INCREASING INTESTINAL ABSORPTION OF FAT SOLUBLE VITAMINS IN POST-MENOPAUSAL WOMEN AND LOWER ANIMALS and owned by Colgate-Palmolive.  Filed November 29, 2010. 

(2)         90/011,356 (electronically filed) – U.S. Patent No. 5,985,348 entitled MILK PRODUCTS HAVING HIGH CONCENTRATION OF OMEGA-3 HIGHLY UNSATURATED FATTY ACIDS and owned by Martek Biosciences Inc. Filed November 29, 2010, by Lonza Ltd

(3)         90/011,357 (electronically filed) – U.S. Patent No. 6,536,188 entitled METHOD AND APPARATUS FOR ASEPTIC PACKAGING and owned by Steuben Foods Inc. Filed November 29, 2010.  The ‘patent is currently the subject of two litigations styled Steuben Foods Inc. v. Oystar USA, Inc., and Steuben Foods Inc. v. Shibuya Hoppmann Corporation, (Case Nos. 1:10-cv-00780-WMS, W.D.N.Y. & 1:10-cv-0781-RJA, W.D.N.Y.).

(4)         90/011,358 (electronically filed) – U.S. Patent No. 6,177,108 entitled METHOD FOR PRODUCING MILK PRODUCTS HAVING HIGH CONCENTRATIONS OF OMEGA-3 HIGHLY UNSATURATED FATTY ACIDS and owned by Martek Biosciences Inc. Filed November 29, 2010, by Lonza Ltd.  The ‘108 patent is currently the subject of a litigation styled Martek v. Lonza Ltd. (Case No. 03-896, D. Del.).

(5)         90/011,359 (electronically filed) – U.S. Patent No. 5,698,244 entitled METHOD FOR RAISING ANIMALS HAVING HIGH CONCENTRATIONS OF OMEGA-3 HIGHLY UNSATURATED FATTY ACIDS and owned by Martek Biosciences Inc. Filed November 29, 2010, by Lonza Ltd.  The ‘244 patent is currently the subject of a litigation styled Martek v. Lonza Ltd. (Case No. 03-896, D. Del.).

(6)         90/011,360 (electronically filed) – U.S. Patent No. 7,757,582 entitled BICYCLE COMPONENT MOUNTING STRUCTURE and owned by Shimano (Singapore) Pte. Ltd. Filed November 30, 2010, by owner. 

(7)         90/011,361 (electronically filed) – U.S. Patent No. 6,626,175 entitled MEDICAL VENTILATOR TRIGGERING AND CYCLING METHOD AND MECHANISM and owned by RIC Investments Ltd. Filed November 30, 2010. 

(8)         90/011,362 (electronically filed) – U.S. Patent No. 7,000,612 entitled MEDICAL VENTILATOR TRIGGERING AND CYCLING METHOD AND MECHANISM and owned by RIC Investments Ltd. Filed November 30, 2010. 

(9)         90/011,363 (electronically filed) – U.S. Patent No. 6,823,866 entitled MEDICAL VENTILATOR TRIGGERING AND CYCLING METHOD AND MECHANISM and owned by RIC Investments Ltd.  Filed November 30, 2010. 

(10)     90/011,364 (electronically filed) – U.S. Patent No. 6,321,201 entitled DATA SECURITY SYSTEM FOR A DATABASE HAVING MULTIPLE ENCRYPTION LEVELS APPLICABLE ON A DATA ELEMENT VALUE LEVEL and owned by Protegrity Corp. Filed December 1, 2010. 

(11)     90/011,365 (electronically filed) – U.S. Patent No. 6,393,158 entitled METHOD AND STORAGE DEVICE FOR EXPANDING AND CONTRACTING CONTINUOUS PLAY MEDIA SEAMLESSLY and owned by MONKEYMedia. Filed December 3, 2010, by Apple Inc.  The ‘158 patent is currently the subject of litigations 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.)).

(12)     90/011,366 (electronically filed) – U.S. Patent No. 5,855,343 entitled CAMERA CLIP and owned by GlobalMedia. Filed December 3, 2010.  The ‘343 patent is currently the subject of a litigation styled AdjustaCam LLC. v. Atlanta Network Techs., (Case No. 6:10-cv-00644 (E.D. Tex.)).

(13)     90/011,367 (electronically filed) – U.S. Patent No. 5,809,492 entitled APPARATUS AND METHOD FOR DEFINING RULES FOR PERSONAL AGENTS and owned by AT&T. Filed December 3, 2010.  The ‘492 patent is currently the subject of a litigation styled AT&T Intellectual Prop. V. TiVo Inc., (Case No. 4:10-cv-01059-SBA (N.D. Cal.)).

(14)     90/011,368 (electronically filed) – U.S. Patent No. 5,922,045 entitled METHOD AND APPARATUS FOR PROVIDING BOOKMARKS WHEN LISTENING TO PREVIOUSLY RECORDED AUDIO PROGRAMS and owned by AT&T. Filed December 3, 2010.  The ‘patent is currently the subject of a litigation styled AT&T Intellectual Prop. V. TiVo Inc., (Case No. 4:10-cv-01059-SBA (N.D. Cal.)).

(15)     90/011,369 (electronically filed) – U.S. Patent No. 6,983,478 entitled METHOD AND SYSTEM FOR TRACKING NETWORK USE and owned by AT&T.  Filed December 3, 2010.  The ‘478 patent is currently the subject of a litigation styled AT&T Intellectual Prop. V. TiVo Inc., (Case No. 4:10-cv-01059-SBA (N.D. Cal.)).

(16)     90/011,370 (electronically filed) – U.S. Patent No. 6,118,976 entitled ASYMMETRIC DATA COMMUNICATIONS SYSTEM and owned by AT&T. Filed December 3, 2010.  The ‘976 patent is currently the subject of a litigation styled AT&T Intellectual Prop. V. TiVo Inc., (Case No. 4:10-cv-01059-SBA (N.D. Cal.)).

(17)     90/009,852 (paper filed) – U.S. Patent No. 6,899,832 entitled INSTALLATION OF FLEXIBLE LINING WITH FLEXIBLE COLLAR FOR LINING LATERAL PIPERLINES and owned by Ina Acquisition Group. Filed November 22, 2010, by.  The ‘832 patent is currently the subject of a litigation styled Insituform Techs., Inc. et al. v. AMerik Supplies, Inc, et al. (Case No. 1:08-cv-0333-TCB, N.D. Ga.).

(18)     90/009,853 (paper filed) – U.S. Patent No. 6,481,259 entitled METHOD FOR PRECISION BENDING OF A SHEET OF MATERIAL AND SLIT SHEET THEREFOR and owned by Industrial Origami, Inc. Filed November 17, 2010. 

(19)     90/009,854 (paper filed) – U.S. Patent No. 7,420,307 entitled BRUSHLESS MOTOR and owned by Mineba Co. Filed November 29, 2010, by the owner. 

(20)     90/009,855 (paper filed) – U.S. Patent No. 6,082,130 entitled ICE DELIVERY SYSTEM FOR A REFRIGERATOR and owned by Whirlpool Corp.  Filed November 24, 2010, by LG Electronics.  The ‘130 patent was the subject of a litigation styled LG Electronics USA Inc. v. Whirlpool, (Case No. 08-cv-234 D. Del.) in which a jury awarded Whirlpool $1.78 million.

(21)     90/009,856 (paper filed) – U.S. Patent No. D607,918 entitled SUNGLASSES and owned by IdeaVillage Prods. Corp. Filed December 1, 2010.

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