Auburn v. IBM, among the Reexamination Requests the Week of March 14, 2011

Scott Daniels | March 21, 2011

Auburn v. IBM is not a “sweet-sixteen” match-up.  It’s an infringement litigation pending in the District Court in Alabama since 2009.  IBM has now requested reexamination of Auburn’s patents – U.S. Patent Nos. 7,194,366 & 7,409,306, both claiming ways of estimating the reliability of integrated circuits and thereby reducing the cost of making chips (see inter partes Request Nos. (2) & (3)).

Xilinx continued its assault on Intellectual Ventures’ patents – this week requesting reexamination of U.S. Patent No. 7,080,301 (see inter partes Request No. (7)), and perhaps U.S. Patent Nos. 6,065,880 and 6,687,865 (see ex parte Request Nos. (16) & (18)). The PTO records are, as yet, unclear regarding the requester of the latter two requests, but it appears to have been Xilinx.     

Apple, the clear leader in recent times in the number of requests filed, continued its practice of seeking reexamination of each patent-in-suit whenever it is sued (see ex parte Request Nos. (10), (11) & (13)).  Other noteworthy requests include those filed against Lincoln Global and 3M patents (see inter partes Request Nos. (1) & (11) and ex parte Request No.(1)).      

The following inter partes requests were filed:

(1)         95/001,573 (electronically filed) – U.S. Patent No. 7,473,362 entitled WATER TREATMENT SYSTEM and owned by John Nohren.  Filed March 15, 2011. 

(2)         95/001,574 (electronically filed) – U.S. Patent No. 7,194,366 entitled SYSTEM AND METHOD FOR ESTIMATING RELIABILITY OF COMPONENTS FOR TESTING AND QUALITY OPTIMIZATION and owned by Auburn University. Filed March 15, 2011, by IBM.  The ‘366 patent is currently the subject of a litigation styled Auburn University v. IBM  (Case No. 3:09-cv-694 (M.D. AL.)). 

(3)         95/001,575 (electronically filed) – U.S. Patent No. 7,409,306 entitled SYSTEM AND MEHTOD FOR ESTIMATING RELIABILITY OF COMPONENTS FOR TESTING AND QUALITY OPTIMIZATION and owned by Auburn University.  Filed March 15, 2011, by IBM.  The ‘306 patent is currently the subject of a litigation styled Auburn University v. IBM  (Case No. 3:09-cv-694 (M.D. AL.)).

(4)         95/001,576 (electronically filed) – U.S. Patent No. 6,757,682 entitled ALERTING USERS TO ITEMS OF CURRENT INTEREST and owned by Interval Licensing.  Filed March 16, 2011, by Apple, eBay, Facebook, NetFlix, Office Depot, Staples, and Yahoo.  The ‘682 patent is currently the subject of a litigation styled Interval Licensing v. AOL et al. (Case No. 2:10-cv-1385 (W.D. Wash.)).

(5)         95/001,577 (electronically filed) – U.S. Patent No. 6,788,314 entitled ATTENTION MANAGER FOR OCCUPYING THE PERIPHERAL ATTENTION OF A PERSON IN THE VICINITY OF A DISPLAY DEVICE and owned by Interval Licensing. Filed March 16, 2011, by Apple, eBay, Facebook, NetFlix, Office Depot, Staples, and Yahoo.  The ‘314 patent is currently the subject of a litigation styled Interval Licensing v. AOL et al. (Case No. 2:10-cv-1385 (W.D. Wash.)).

(6)         95/001,578 (electronically filed) – U.S. Patent No. 6,785,400 entitled SPRAY ACQUISITION SYSTEM and owned by Proveris Scientific. Filed March 18, 2011, likely by InnovaSystems. The ‘400 patent is currently the subject of a litigation styled Proveris Scientific v. InnovaSystems (Case No. 05-cv-12424-WGY (D. Mass.)), now on appeal to the CAFC. 

(7)         95/001,579 (electronically filed) – U.S. Patent No. 7,080,301 entitled ON-CHIP SERVICE PROCESSOR and owned by Intellectual Ventures.  Filed March 18, 2011, by Xilinx. 

(8)         95/001,580 (electronically filed) – U.S. Patent No. 7,822,657 entitled AUTOMATED ACCOUNTING SYSTEM and owned by Noah Systems. Filed March 18, 2011, likely by Intuit.  The ‘657 patent is currently the subject of a litigation styled Noah Systems v. Intuit (Cse No. 2:10-cv-1420-AJS (W.D. Pa.)).

(9)         95/000,618 (paper filed) – U.S. Patent No. 7,340,765 entitled ARCHIVING AND VIEWING SPORTS EVENTS VIA INTERNET and owned by SPRT.  Filed February 28, 2011, by B2 Networks.  The ‘765patent is currently the subject of two litigations styled SPRT et al. v. B2 Networks et al. (Case No. 5:10-cv-00809-FJS –DEP (N.D.N.Y.)); and SPRT v. NeuLion at al.  (Case No. 5:10-cv-00810-DNH –DEP (N.D.N.Y.)). 

(10)     95/000,619 (paper filed) – U.S. Patent No. 7,352,359 entitled METHOD AND SYSTEM FOR APPLYING GEARING EFFECTS TO INTERTIAL TRACKING and owned by Sony Computer Entertainment America.  Filed March 8, 2011, by Sunflex USA

(11)     95/000,620 (paper filed) – U.S. Patent No. 6,708,864 entitled ‘S’ SHAPED CAST IN WIRE and owned by Lincoln Global. Filed March 9, 2011, likely by National Standard.  The ‘864 patent was the subject of the ITC Investigation Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686) and currently the subject of The Lincoln Electric Co. et al. v. National Standard (Case No. 1:09-cv-1886 (D. Neb)). 

 The following ex parte requests were filed:

(1)         90/011,567 (electronically filed) – U.S. Patent No. 6,824,718 entitled METHOD AND APPARATUS FOR MAKING A FIBROUS ELECTRET WEB USING A WETTING LIQUID AND AN AQUEOUS POLAR LIQUID and owned by 3M Innovative Properties.  Filed March 13, 2011.  

(2)         90/011,568 (electronically filed) – U.S. Patent No. 6,350,340 entitled FASTENER TAPE MATERIAL, BAG UTILIZING FASTENER TAPE MATERIAL AND METHOD OF MANUFACTURE THEREOF and owned by Illinois Tool Works.  Filed March 14, 2011, by owner.  

(3)         90/011,569 (electronically filed) – U.S. Patent No. 7,149,511 entitled WIRELESS INTELLIGENT PERSONAL SERVER and owned by Rosetta-Wireless.  Filed March 14, 2011, by owner.  

(4)         90/011,570 (electronically filed) – U.S. Patent No. 6,232,328 entitled NON-SYSTEMIC CONTROL OF PARASITES and owned by Bayer Animal Health GmbH.  Filed March 15, 2011.  

(5)         90/011,571 (electronically filed) – U.S. Patent No. 7,292,441 entitled THERMAL SOLUTION FOR PORTABLE ELECTRONIC DEVICES and owned by JP Morgan Chase.  Filed March 15, 2011.  

(6)         90/011,572 (electronically filed) – U.S. Patent No. 6,739,016 entitled HAIRBRUSH and owned by Plasticos Vandux de Colombia.  Filed March 16, 2011.  

(7)         90/011,573 (electronically filed) – U.S. Patent No. 6,079,490 entitled REMOTELY ACCESSIBLE MOBILE REPAIR UNIT FOR WELLS and owned by Key Energy Services.  Filed March 16, 2011, by C.C. Forbes.   The ‘490 patent is currently the subject of a litigation styled Key Energy Services v. C.C. Forbes (Case No. 2:08-cv-346-CE (E.D. Tex.)). 

(8)         90/011,574 (electronically filed) – U.S. Patent No. 7,006,920 entitled ACTIVITY DATA CAPTURE SYSTEM FOR A WELL SERVICE VEHICLE and owned by Key Energy Services.  Filed March 16, 2011, by C.C. Forbes.   The ‘920 patent is currently the subject of a litigation styled Key Energy Services v. C.C. Forbes (Case No. 2:08-cv-346-CE (E.D. Tex.)).

(9)         90/011,575 (electronically filed) – U.S. Patent No. 7,376,049 entitled SEISMIC SENSOR WITH THERMAL STABILIZATION and owned by Kinemetrics.  Filed March 16, 2011.  

(10)     90/011,576 (electronically filed) – U.S. Patent No. 6,034,652 entitled ATTENTION MANAGER FOR OCCUPYING THE PERIPHERAL ATTENTION OF A PERSON IN THE VICINITY OF A DISPLAY DEVICE and owned by Interval Licensing.  Filed March 16, 2011, by Apple, eBay, Facebook, NetFlix, Office Depot, Staples, and Yahoo. The ‘652 patent is currently the subject of a litigation styled Interval Licensing v. AOL et al. (Case No. 2:10-cv-1385 (W.D. Wash.)).

(11)     90/011,577 (electronically filed) – U.S. Patent No. 6,263,507 entitled BROWSER FOR USE IN NAVIGATING A BODY OF INFORMATION, WITH PARTICULAR APPLICATION TO BROWSING INFORMATION REPRESENTED BY AUDIOVISUAL DATA and owned by Interval Licensing.  Filed March 17, 2011, by Apple, eBay, Facebook, NetFlix, Office Depot, Staples, and Yahoo.   The ‘507 patent is currently the subject of a litigation styled Interval Licensing v. AOL et al. (Case No. 2:10-cv-1385 (W.D. Wash.)).

(12)     90/011,578 (electronically filed) – U.S. Patent No. 6,512,834 entitled ACOUSTIC PROTECTIVE COVER ASSEMBLY and owned by Gore Enterprise Holdings.  Filed March 17, 2011.  

(13)     90/011,579 (electronically filed) – U.S. Patent No. 6,199,076 entitled AUDIO PROGRAM PLAYER INCLUDING A DYNAMIC PROGRAM SELECTION CONTROLLER and owned by Personal Audio.  Filed March 17, 2011, by Apple.   The ‘076 patent is currently the subject of a litigation styled Personal Audio v. Apple (Case No. (E.D. Tex.)).

(14)     90/011,580 (electronically filed) – U.S. Patent No. 6,182,219 entitled APPARATUS AND METHOD FOR AUTHENTICATING THE DISPATCH AND CONTENTS OF DOCUMENTS and owned by RMail Ltd.  Filed March 17, 2011.  

(15)     90/011,581 (electronically filed) – U.S. Patent No. 7,804,954 entitled INFRASTRUCTURE FOR ENABLING HIGH QUALITY REAL-TIME AUDIO and owned by Microsoft. Filed March 18, 2011, by owner.  

(16)     90/011,582 (electronically filed) – U.S. Patent No. 6,065,880 entitled LASER ENHANCED PERSONAL DATA ASSISTANT and owned by Intellectual Asset Group.  Filed March 18, 2011, perhaps by Xilinx.  

(17)     90/011,583 (electronically filed) – U.S. Patent No. 7,654,449 entitled METHOD AND SYSTEM FOR PERFORMING MONEY TRANSFER TRANSACTIONS and owned by Western Union. Filed March 18, 2011.  

(18)     90/011,584 (electronically filed) – U.S. Patent No. 6,687,865 entitled ON-CHIP SERVICE PROCESSOR FOR TEST AND DEBUG OF INTEGRATED CIRCUITS and owned by Intellectual Ventures.  Filed March 18, 2011, perhaps by Xilinx.  

(19)     90/009,884 (filed) – U.S. Patent No. 7,519,462 entitled CROWD FORCE CONTROL IN ELECTRICALLY PROPELLED MACHINE and owned by Caterpillar.  Filed March 14, 2011.

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