Acer & Microsoft Attacks on MedioStream Video Recording Patent among Reexamination Requests Filed Week of January 31, 2011

Scott Daniels | February 8, 2011

On January 7, 2011, Apple requested reexamination of MedioStream’s U.S. Patent No. 7,843,508 covering a way of recording video data directly onto disks.  Now, both Acer and Microsoft have filed their own requests for reexamination of the ‘508 patent (inter partes Request Nos. (2) & (5)).  Each of these new requestors has been accused by MedioStream of infringing the ‘508 patent.  These requests continue a trend among the huge electronic companies, especially Apple, of using reexamination to reply to infringement allegations.  

As an update to our posts of June 30 & November 9, 2010 and January 19, 2011 – regarding inter partes reexamination requests filed by Whirlpool against four LG refrigerator patents – Judge Garrett Brown, in a parallel infringement action between the parties in the District Court of New Jersey, has denied Whirlpool’s motion to stay the case pending completion of the reexamination proceedings.  Judge Brown explained that inter partes reexaminations “could take more than five years if the parties fully exhaust their appeal rights” and that delay could cause LG irreparable loss because the parties are direct competitors: “[t]he goodwill lost during the reexamination proceedings could be difficult to measure and difficult to compensate fully with money damages after trial.”

The dispute we reported January 31, 2011, between Abbott Diabetes Care and DexCom, appears to have escalated last week (see ex parte Request Nos. (5) to (7)).  

The following inter partes requests were filed:

(1)         95/001,533 (electronically filed) – U.S. Patent No. 7,417,568 entitled SYSTEM AND METHOD FOR DATA FEED ACCELERATION AND ENCRYPTION and owned by Realtime Data.  Filed January 31, 2011. 

(2)         95/001,534 (electronically filed) – U.S. Patent No. 7,843,508 entitled METHOD AND SYSTEM FOR DIRECT RECORDING OF VIDEO INFORMATION ONTO A DISK MEDIUM and owned by MedioStream.  Filed January 31, 2011, by Sony.  The ‘508 patent is currently the subject of a litigation styled MedioStream v. Acer et al. (Case No. 3:10-cv-05762 (N.D. Cal.)).

(3)         95/001,535 (electronically filed) – U.S. Patent No. D622,088 entitled MATTRESS DESIGN and owned by Sealy Technology.  Filed January 31, 2011, by Simmons Bedding.  The ‘088 patent is currently the subject of a litigation styled Sealy Technology v. Simmons Bedding (Case No. 1:10-cv-00702 (M.D.N.C.)).

(4)         95/001,536 (electronically filed) – U.S. Patent No. 6,923,721 entitled APPARATUS AND METHOD FOR MAINTAINING GAME STATE and owned by Bally Gaming, Inc..  Filed February 4, 2011, by WMS Gaming Inc.  The ‘721 patent is currently the subject of a litigation styled WMS Gaming Inc. v. Bally Gaming, Inc. (Case No. 1:10-cv-06679 (N.D. Ill.)). 

(5)         95/000,617 (paper filed) – U.S. Patent No. 7,843,508 entitled METHOD AND SYSTEM FOR DIRECT RECORDING OF VIDEO INFORMATION ONTO A DISK MEDIUM and owned by MedioStream. Filed January 25, 2011, by Microsoft.  The ‘508 patent is currently the subject of a litigation styled MedioStream v. Acer et al. (Case No. 3:10-cv-05762 (N.D. Cal.)).

The following ex parte requests were filed:

(1)         90/90/011,462 (electronically filed) – U.S. Patent No. 6,174,397 entitled FASTENER ASSEMBLY, FASTENER TAPE MATERIAL, BAG UTILIZING FASTENER TAPE MATERIAL, AND METHOD OF MANUFACTURE THEREOF and owned by Illinois Tool Works Inc.  Filed January 31, 2011 by the owner.  

(2)         90/011,463 (electronically filed) – U.S. Patent No. 6,509,080 entitled FASTENER ASSEMBLY, FASTENER TAPE MATERIAL, BAG UTILIZING FASTENER TAPE MATERIAL, AND METHOD OF MANUFACTUR THEREOF and owned by Illinois Tool Works Inc.  Filed January 31, 2011, by the owner.  

(3)         90/011,464 (electronically filed) – U.S. Patent No. 6,982,874 entitled THERMAL SOLUTION FOR ELECTRONIC DEVICES and owned by JP Morgan Chase Bank.   Filed January 31, 2011.  

(4)         90/011,465 (electronically filed) – U.S. Patent No. 7,090,506 entitled SIGNAL TRANSMISSION DEVICE HAVING FLEXIBLE PRINTED CIRCUIT BOARDS and owned by AU Optronics.  Filed January 31, 2011.  

(5)         90/011,466 (electronically filed) – U.S. Patent No. 7,792,562 entitled DEVICE AND METHOD FOR DETERMINING ANALYTE LEVELS and owned by Abbott Diabetes Care.  Filed January 31, 2011.  

(6)         90/011,467 (electronically filed) – U.S. Patent No. 7,778,680 entitled SYSTEM AND METHODS FOR PROCESSING ANALYTE SENSOR DATA and owned by Abbott Diabetes Care.  Filed January 31, 2011.  

(7)         90/011,468 (electronically filed) – U.S. Patent No. 7,771,352 entitled LOW OXYGEN IN VIVO ANALYTE SENSOR and owned by DexCom.  Filed February 1, 2011.

(8)         90/011,469 (electronically filed) – U.S. Patent No. 6,722,637 entitled FENCE POST ACCESSORY APPARATUS and owned by Stallion Fence Accessories.  Filed February 1, 2001.  

(9)         90/011,470 (electronically filed) – U.S. Patent No. 6,655,613 entitled FIRE-FIGHTING WATER TURRET and owned by Seagate and Maxtor.  Filed February 1, 2011, by Task Force Tips.  

(10)     90/011,471 (electronically filed) – U.S. Patent No. 7,786,054 entitled BIOCIDE FOR WELL STIMULATION AND TREATMENT FLUIDS and owned by Kemira Chemicals Inc.  Filed February 2, 2011.  

(11)     90/011,472 (electronically filed) – U.S. Patent No. 7,727,439 entitled METHOD FOR MAKING A PRINTING BLANKET COMPRISING A BACK LAYER MADE OF A POLYMER MATERIAL AND RESULTING BLANKET and owned by Trelleborg Coated Systems US.  Filed February 2, 2011.  

(12)     90/011,473 (electronically filed) – U.S. Patent No. 6,243,254 entitled DIELECTRIC CERAMIC COMPOSITION AND LAMINATED CERAMIC CAPACITOR USING THE SAME and owned by Murata Mfg. Co.  Filed February 2, 2011.   The ‘254 patent is currently the subject of a litigation styled Murata Mfg. v. Samsung, (Case No. SA-CV-09-01124 (C.D. Cal.)); and Certain Ceramic Capacitors and Products Containing the Same, ITC Inv. No. 337-TA-692.

(13)     90/011,474 (electronically filed) – U.S. Patent No. 7,815,974 entitled GAS DIFFUSER MEMBRANE WITH COATED SUBSTRATE and owned by Environmental Dynamics Inc.  Filed February 4, 2011.  

(14)     90/011,475 (electronically filed) – U.S. Patent No. 6,642,829 entitled HIGH-VOLTAGE TRANSFORMER and owned by Sociedad Espanola de Electromedinia y Calidad, S.A.  Filed February 4, 2011, by DRGEM USA.  

(15)     90/011,476 (electronically filed) – U.S. Patent No. 5,899,855 entitled MODULAR MICROPROCESSOR BASED-HEALTH MONITORING SYSTEM and owned by Health Hero Network.  Filed February 4, 2011.  

(16)     90/009,872 (paper filed) – U.S. Patent No. 7,551,172 entitled SENDING THREE-DIMENSIONAL IMAGES OVER A NETWORK and owned by Skyline Software.  Filed January 21, 2011.  

(17)     90/009,873 (paper filed) – U.S. Patent No. 7,371,075 entitled ELECTRICAL CONNECTOR WITH DUAL-FUNCTION HOUSING PROTRUSIONS and owned by Hon Hai Precision Ind. Co. Ltd.  Filed February 1, 2011.

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