Challenges to Two More Intellectual Venture Patents, among the Reexamination Requests Filed Week of February 21, 2011

Scott Daniels | February 28, 2011

Last week Xilinx requested reexamination of one of the five patents that Intellectual Ventures has accused Xilinx and three other companies of infringing (here).  The same lawyer who filed that request for Xilinx has now requested reexamination of a second Intellectual Ventures patent – U.S. Patent No. 5,687,325 – from the same case, as well of a third Intellectual Ventures patent not in the case, U.S. Patent No. 6,252,527 (see ex parte Request Nos. (8) & (9)).  Since the requests are for ex parte, not inter partes, reexamination, the identity of the real party in interest need not be disclosed. 

In August EVM Systems sued Cordis, Boston Scientific and Abbott for infringement of two patents related to stents having a “slotted memory metal tube,” U.S. Patent Nos. 6,780,175 and 7,037,321.  Last week, Cordis requested reexamination of the ‘175 patent and Abbott requested reexamination of the ‘321 patent (see inter partes reexamination Request No. (5) and ex parte Request No. (15)). Although inter partes reexamination was possible for both patents, lawyers for Abbott chose ex parte reexamination. The choice between ex parte and inter partes reexamination is sometimes complex and one addressed in a recent post (here).

The leader, however, in the number of requests filed last week was Airbus Americas that sought reexamination of four Firepass patents related to fire suppression in certain structures, for instance in computers.   Firepass has accused Airbus of infringing those patents.

 The following inter partes requests were filed:

(1)         95/001,552 (electronically filed) – U.S. Patent No. Reissue 40,065 entitled HYPOXIC FIRE PREVENTION AND FIRE SUPPRESSION SYSTEMS FOR COMPUTER CABINETS AND FIRE-HAZARDOUS INDUSTRIAL CONTAINERS and owned by Firepass.  Filed February 22, 2011, by Airbus.  The ‘065 patent is currently the subject of a litigation styled Firepass IP Holdings, Inc. et al. v. Airbus Americas, Inc., et al. (Case No. 1:09-cv-04234-ENV-VVP (E.D.N.Y.)).

(2)         95/001,553 (electronically filed) – U.S. Patent No. 7,207,392 entitled METHOD OF PREVENTING FIRE IN COMPUTER ROOM AND OTHER ENCLOSED FACILITIES and owned by Firepass.  Filed February 22, 2011, by Airbus.  The ‘392 patent is currently the subject of a litigation styled Firepass IP Holdings, Inc. et al. v. Airbus Americas, Inc., et al. (Case No. 1:09-cv-04234-ENV-VVP (E.D.N.Y.)).

(3)         95/001,554 (electronically filed) – U.S. Patent No. 6,314,754 entitled HYPOXIC FIRE PREVENTION AND FIRE SUPPRESSION SYSTEMS FOR COMPUTER ROOMS AND OTHER HUMAN OCCUPIED FACILITIES and owned by Firepass.  Filed February 22, 2011, by Airbus.  The ‘754 patent is currently the subject of a litigation styled Firepass IP Holdings, Inc. et al. v. Airbus Americas, Inc., et al. (Case No. 1:09-cv-04234-ENV-VVP (E.D.N.Y.)).

(4)         95/001,555 (electronically filed) – U.S. Patent No. 6,418,752 entitled HYPOXIC FIRE PREVENTION AND FIRE SUPPRESSION SYSTEMS AND BREATHABLE FIRE EXTINGUISHING COMPOSITIONS FOR HUMAN OCCUPIED ENVIRONMENTS and owned by Firepass.  Filed February 22, 2011, by Airbus.  The ‘752 patent is currently the subject of a litigation styled Firepass IP Holdings, Inc. et al. v. Airbus Americas, Inc., et al. (Case No. 1:09-cv-04234-ENV-VVP (E.D.N.Y.)).

(5)         95/001,556 (electronically filed) – U.S. Patent No. 6,780,175 entitled MEDICAL DEVICE WITH SLOTTED MEMORY METAL TUBE and owned by EVM Systems.  Filed February 25, 2011, by Cordis.  The ‘175 patent is currently the subject of a litigation styled EVM Systems v. Cordis et al. (Case No. 6:10-cv-437 (E.D. Tex.)).

(6)         95/001,557 (electronically filed) – U.S. Patent No. 7,856,474 entitled METHOD AND APPARATUS FOR IDENTIFYING DOCUMENTS USING A HANDHELD DEVICE and owned by Wireless Recognition Technologies LLC.  Filed February 25, 2011. 

The following ex parte requests were filed:

(1)         90/011,500 (electronically filed) – U.S. Patent No. 7,735,380 entitled METHOD AND SYSTEM OF COORDINATION OF MEASUREMENT SUBSYSTEMS OF A FLOW METER and owned by Daniel Measurement and Control.  Filed February 21, 2011.  

(2)         90/011,501 (electronically filed) – U.S. Patent No. 7,752,919 entitled SYSTEM AND METHOD OF AN ACOUSTIC FLOW METER WITH DUAL FLOW MEASUREMENTS and owned by Daniel Measurement and Control.  Filed February 21, 2011. 

(3)         90/011,502 (electronically filed) – U.S. Patent No. 7,894,180 entitled PORTABLE DEVICE DOCKING STATION and owned by Jeffrey Carnevali.  Filed February 22, 2011, the date the ‘180 patent issued.  

(4)         90/011,503 (electronically filed) – U.S. Patent No. 6,920,952 entitled SNOWMOBILE WITH REAR ARRANGEMENT SUTABLE TO ACCEPT A TRANSPORTABLE OBJECT and owned by Bombardier Recreational Products Inc.  Filed February 22, 2011. 

(5)         90/011,504 (electronically filed) – U.S. Patent No. 7,340,506 entitled VALUE-ADDED NETWORK SWITCHING AND OBJECT ROUTING and owned by Webxchange.  Filed February 22, 2011. 

(6)         90/011,505 (electronically filed) – U.S. Patent No. 6,314,473 entitled SYSTEM FOR REMOVING SELECTED UNWANTED FREQUENCIES IN ACCORDANCE WITH ALTERED SETTINGS IN A USER INTERFACE OF A DATA STORAGE DEVICE and owned by Convolve.  Filed February 23, 2011, by Seagate.  The ‘473 patent is currently the subject of a litigation styled Convolve, Inc. v. Compaq Computer Corp., et al. (Case No. 1:00-cv-5141-GBD  (S.D.N.Y.)).

(7)         90/011,506 (electronically filed) – U.S. Patent No. 6,246,394 entitled TOUCH SCREEN MEASUREMENT CIRCUIT AND METHOD and owned by Texas Instruments.  Filed February 23, 2011 by owner.  

(8)         90/011,507 (electronically filed) – U.S. Patent No. 5,687,325 entitled APPLICATION SPECIFIC FIELD PROGRAMMABLE GATE ARRAY and owned by Intellectual Ventures.  Filed February 25, 2011.

(9)         90/011,508 (electronically filed) – U.S. Patent No. 6,252,527 entitled INTERFACE UNIT FOR SERIAL-TO-PARALLEL CONVERSION AND/OR PARALLEL-TO-SERIAL CONVERSION and owned by Intellectual Ventures.  Filed February 25, 2011.

(10)     90/011,509 (electronically filed) – U.S. Patent No. 6,333,045 entitled AQUEOUS LIQUID PHARMACEUTICAL COMPOSITION COMPRISED OF GATIFLOXACIN and owned by Senju.  Filed February 25, 2011, by owner.

(11)     90/011,510 (electronically filed) – U.S. Patent No. 5,524,251 entitled MICROCOMPUTER HAVING ALU PERFORMING MIN AND MAX OPERATIONS and owned by Detelle Relay KG.  Filed February 25, 2011.

(12)     90/011,511 (electronically filed) – U.S. Patent No. 7,091,161 entitled NON-METALLIC THREAD SEALANT AND ANTI-SEIZE COMPOUND HAVING IMPROVED ANTI-GALLING PROPERTIES FOR METAL ALLOYS and owned by Jet-Lube.  Filed February 25, 2011, by Bestolife. The ‘161 patent is currently the subject of a litigation styled Jet-Lube, Inc. v. Bestolife Corp. (Case No. 4:10-cv-4547 (S.D. Tex.)). 

(13)     90/011,512 (electronically filed) – U.S. Patent No. 5,887,165 entitled DYNAMICALLY RECONFIGURABLE HARDWARE SYSTEM FOR REAL-TIME CONTROL OF PROCESSES and owned by Latrosse Technologies.  Filed February 25, 2011.  

(14)     90/009,876 (paper filed) – U.S. Patent No. 7,037,321 entitled MEDICAL DEVICE WITH SLOTTED MEMORY METAL TUBE and owned by EVM Systems.  Filed February 15, 2011, by Abbott.   The ‘321 patent is currently the subject of a litigation styled EVM Systems v. Cordis et al.  (Case No. 6:10-cv-437 (E.D. Tex.)).

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