EchoStar Challenge to Northpoint Set-Top Box Patent among 24 Reexamination Requests Filed Week of March 21, 2011

Scott Daniels | March 28, 2011

Friday afternoon EchoStar requested reexamination of Northpoint’s U.S. Patent No. 6,208,636 which claims a TV set-top box for processing multiple datastreams.(see ex parte Request No. (19)). Northpoint is suing EchoStar, DirecTV and Dish Network in the Western District of Texas for infringement of the ‘636 patent. According to Northpoint’s complaint, Dish Network has used the claimed box for 14.1 million direct broadcast satellite subscriptions as of December 2009.  

Reexamination was requested against AU Optronics’ U.S. Patent No. 7,125,157 (see inter partes Request No. (4)), probably by Sharp, though the accessible PTO records are not clear.  AU Optronics sued Sharp earlier this month in Delaware for infringement of the ‘157 patent, as well as five other patents.   

Formax and Prosure requested reexamination of four Patriot Universal Holdings patents related to machines for “molding food patties,” presumably hamburgers (see ex parte Request Nos. (6), (7), (8) & (9) – the two companies had been sued by Patriot in Wisconsin for infringement of the patents.  The same day Formax also filed in Wisconsin its own complaint for patent infringement against two additional companies.

In one unusual step, a third party requested reexamination of a patent (see inter partes Request No. (5)) even though the patent will not issue until  Tuesday.  The filing thus might contradict the statutory requirement that requests be made during the period of the patent’s enforceability.

The following inter partes requests were filed:

(1)         95/001,581 (electronically filed) – U.S. Patent No. 7,777,651 entitled SYSTEM AND METHOD FOR DATA FEED ACCELERATION AND ENCRYPTION and owned by Realtime Data.  Filed March 21, 2011, by CME.  The ‘651 patent is currently the subject of three litigations styled Realtime Data v. CME et al. (Case No. 6:10-cv-424 (E.D. Tex.)), Realtime Data v. Thomson Reuters (Case No. 6:10-cv-425 (E.D. Tex.)), Realtime Data v. Morgan Stanley (Case No. 6:10-cv-426 (E.D. Tex.)). 

(2)         95/001,582 (electronically filed) – U.S. Patent No. 7,910,531 entitled COMPOSITION AND METHOD FOR PRODUCING COLORED BUBBLES and owned by C2C Technologies.  Filed March 22, 2011 by Crayola

(3)         95/001,583 (electronically filed) – U.S. Patent No. 7,336,763 entitled DENTAL EXTRA-ORAL X-RAY IMAGING SYSTEM AND METHOD and owned by Oy Ajat.  Filed March 25, 2011.  The ‘763 patent is currently the subject of a litigation styled Oy Ajat v. Vatech et al. (Case No. 2:10-cv-4875 (D.N.J.)).

(4)         95/001,584 (electronically filed) – U.S. Patent No. 7,125,157 entitled BACKLIGHT UNIT AND LIQUID CRYSTAL DISPLAY UTILIZING THE SAME and owned by AU Optronics Corporation America.  Filed March 25, 2011, by Sharp.  The ‘157 patent is currently the subject of a litigation styled AU Optronics v. Sharp et al. (Case No. 1:11-cv-180-SLR (D. Del.)).

(5)         95/001,585 (electronically filed) – U.S. Patent No. 7,916,833 entitled EXTRA-ORAL DIGITAL PANORAMIC DENTAL X-RAY IMAGING SYSTEM and owned by Oy Ajat.  Filed March 25, 2011.  The ‘833 patent is likely soon to be the subject of a litigation styled Oy Ajat v. Vatech et al. (Case No. 2:10-cv-4875 (D.N.J.)).

The following ex parte requests were filed:

(1)         90/011,585 (electronically filed) – U.S. Patent No. 7,125,332 entitled CEILING RADIATION DAMPER AND MOUNTING METHOD and owned by PCI Industries.  Filed March 21, 2011.   The ‘332 patent is currently the subject of a litigation styled PCI Industries v. Miami Tech. (Case No. 11-cv-1585-SJO (C.D. Cal.)).

(2)         90/011,586 (electronically filed) – U.S. Patent No. 6,379,839 entitled BATTERY HAVING WELDED LEAD PLATE and owned by Sanyo.  Filed March 21, 2011.

(3)         90/011,587 (electronically filed) – U.S. Patent No. 7,837,119 entitled CONTACTLESS DATA CARRIER and owned by Geisecke & Devrient GmbH.  Filed March 21, 2011.

(4)         90/011,588 (electronically filed) – U.S. Patent No. 7,818,254 entitled APPLICATION APPARATUS AND METHOD and owned by Juno Holdings.  Filed March 22, 2011, by Owner.  

(5)         90/011,589 (electronically filed) – U.S. Patent No. 6,509,830 entitled SYSTEMS AND METHODS FOR PROVIDING CUSTOMIZABLE GEO-LOCATION TRACKING SERVICES and owned by BBN Technologies.  Filed March 23, 2011 by Owner.  

(6)         90/001,590 (electronically filed) – U.S. Patent No. 5,730,650 entitled FOOD PATTY MOLDING MACHINE and owned by Patriot Universal Holdings. Filed March 24, 2011, by Formax and Provisur.   The ‘650 patent is currently the subject of a litigation styled Patriot Universal Holdings v. Formax et al. (Case No. 1:10-cv-00355 E.D. Wis.)).

(7)         90/011,591 (electronically filed) – U.S. Patent No. 5,980,228 entitled FOOD PATTY MOLDING MACHINE and owned by Patriot Universal Holdings. Filed March 24, 2011, by Formax and Provisur.   The ‘228 patent is currently the subject of a litigation styled Patriot Universal Holdings v. Formax et al. (Case No. 1:10-cv-00355 E.D. Wis.)).

(8)         90/011,592 (electronically filed) – U.S. Patent No. 6,827,111 entitled FOOD PROCESSING MACHINE WITH INCREASED MOLD PLATE FILL AREA AND STROKE and owned by Patriot Universal Holdings. Filed March 24, 2011, by Formax and Provisur.  The ‘111 patent is currently the subject of a litigation styled Patriot Universal Holdings v. Formax et al. (Case No. 1:10-cv-00355 E.D. Wis.)).

(9)         90/011,593 (electronically filed) – U.S. Patent No. 7,207,789 entitled PROFILED MOTION AND VARIABLE FILL POSITION OF MOLD PLATE ASSEMBLY IN A FOOD PRODUCT MOLDING MACHINE and owned by Patriot Universal Holdings. Filed March 24, 2011, by Formax and Provisur.  The ‘789 patent is currently the subject of a litigation styled Patriot Universal Holdings v. Formax et al. (Case No. 1:10-cv-00355 E.D. Wis.)).

(10)      90/011,594 (electronically filed) – U.S. Patent No. 6,571,334 entitled APPARATUS AND METHOD FOR AUTHENTICATING THE DISPATCH AND CONTENTS OF DOCUMENTS and owned by RMail.  Filed March 24, 2011.

(11)      90/011,595 (electronically filed) – U.S. Patent No. 6,634,831 entitled METHOD FOR INCREASING THE BEARING CAPACITY OF FOUNDATION SOILS FOR BUILT STRUCTURES and owned by Uretek Worldwide Oy. Filed March 24, 2011, by Certified Foundations.   The ‘831 patent is currently the subject of a litigation styled Uretek USA v. Certified Foundations (Case No. 08:10e–cv-1909)).

(12)     90/011,596 (electronically filed) – U.S. Patent No. 6,315,921 entitled OXYGEN SCAVENGER ACCELERATOR and owned by The National Band of NY Mellon.  Filed March 24, 2011.  

(13)     90/011,597 (electronically filed) – U.S. Patent No. 6,395,195 entitled OXYGEN SCAVENGER ACCELERATOR and owned by The National Band of NY Mellon.  Filed March 24, 2011.  

(14)     90/011,598 (electronically filed) – U.S. Patent No. 5,632,600 entitled VIRUS DETECTION AND REMOVAL APPARATUS FOR COMPUTER NETWORKS and owned by General Electric. Filed March 25, 2011.  

(15)     90/011,599 (electronically filed) – U.S. Patent No. 7,016,512 ENTITLED BTE/CIC AUDITORY DEVICE AND MODULAR CONNECTOR SYSTEM THEREFOR and owned by Hear-Wear Technologies.  Filed March 25, 2011.  The ‘512 patent is currently the subject of a litigation styled Hear-Wear Technologies v. Oticon (Case No. 07-cv-212-CVE-SAJ (N.D. Okla.)).

(16)     90/011,600 (electronically filed) – U.S. Patent No. 6,466,862 entitled SYSTEM FOR PROVIDING TRAFFIC INFORMATION and owned by Traffic Information. Filed March 25, 2011.  

(17)     90/011,601 (electronically filed) – U.S. Patent No. 5,370,251 entitled CHILD-RESISTANT CLOSURE and owned by Shriji Polymers Pvt.  Filed March 25, 2011.  

(18)     90/011,602 (electronically filed) – U.S. Patent No. 6,208,636 entitled APPARATUS AND METHOD FOR PROCESSING SIGNALS SELECTED FROM MULTIPLE DATA STREAMS and owned by Northpoint Tech. Filed March 25, 2011, by EchoStar Technologies.   The ‘636 patent is currently the subject of a litigation styled Northpoint Tech. v. DirecTV Group, EchoStar and Dish Network (Case No. 09-cv-506/1:10-cv-903 (W.D. Tex.)).

(19)     90/009,887 (paper filed) – U.S. Patent No. 6,113,398 entitled ELECTRICAL ASSEMBLY INCLUDING TWO OPPOSITE HEAD TO HEAD ARRANGED CONNECTORS FOR INTERCONNECTING TWO MODULES and owned by Hon Hai Precision Indus. Filed March 17, 2011.

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