Apple Attack on MONKEYmedia Audiovisual Patent, among the Reexamination Requests Filed Week of May 16, 2011

| May 23, 2011

Last December, Apple defended itself against MONKEYmedia’s patent infringement allegations in the Western District of Texas, by requesting reexamination of two of MM’s streaming media patents-in-suit.  Apple has now sought reexamination of a third MM patent-in-suit (see inter partes Request No. (10)).

Reexamination was also requested by Xilinx for a circuits patent owned by Intellectual Ventures, but it is not clear from the PTO files whether the IV patent is the subject of any infringement litigation (see inter partes Request No. (8)).

And SemiLEDs Corporation has requested reexamination of a Group III nitride LED patent owned by Cree (see inter partes Request No. (7)). The companies are currently in litigation in the Middle District of North Carolina over that patent and four others.

The following inter partes requests were filed:

(1)       95/001,621 (electronically filed) – U.S. Patent No. 7,241,034 entitled AUTOMATIC DIRECTIONAL CONTROL SYSTEM FOR VEHICLE HEADLIGHTS and owned by Dana Corporation.  Filed May 16, 2011, by Volkswagen Group of America.

(2)       95/001,622 (electronically filed) – U.S. Patent No. 7,778,005 entitled ELECTRIC DISABLING DEVICE WITH CONTROLLED IMMOBILIZATION PULSE WIDTHS and owned by Debt Opportunity Fund.   Filed May 16, 2011, by Taser International.

(3)       95/001,623 (electronically filed) – U.S. Patent No. 7,523,842 entitled CARTON WITH AN IMPROVED DISPENSING FEATURE and owned by Graphic Packaging International.  Filed May 19, 2011.

(4)       95/001,624 (electronically filed) – U.S. Patent No. 7,059,494 entitled CARTON WITH AN IMPROVED DISPENSING FEATURE and owned by Graphic Packaging International.  Filed May 19, 2011.

(5)       95/001,625 (electronically filed) – U.S. Patent No. 7,714,558 entitled SHORT CIRCUIT CURRENT RATCHETING IN SWITCH MODE DC/DC VOLTAGE REGULATORS and owned by Monolithic Power Systems.  Filed May 19, 2011, by Silergy Technology.  The ‘558 patent is currently the subject of a litigation styled Monolithic Power Systems v. Silergy (Case No. 10-cv-1533 (C.D. Cal.)).

(6)       95/001,626 (electronically filed) – U.S. Patent No. 7,560,628 entitled STEEL WIRE AND MANUFACTURING METHOD THEREFOR and owned by Yamaha. Filed May 20, 2011.

(7)       95/001,627 (electronically filed) – U.S. Patent No. 7,737,459 entitled HIGH OUTPUT GROUP III NITRIDE LIGHT EMITTING DIODES and owned by Cree. Filed May 20, 2011, by SemiLEDs Corporation. The ‘459 patent is currently the subject of a litigation styled Cree v. SemiLEDs and Helios Crew Corp. Corporation (Case No 10-cv-866-PSD (M.D.N.C.)).

(8)       95/001,628 (electronically filed) – U.S. Patent No. 7,429,899 entitled REDUCED EDDY CURRENT LOSS IN LC TANK CIRCUITS and owned by Intellectual Ventures. Filed May 20, 2011, by Xilinx.

(9)       95/001,629 (electronically filed) – U.S. Patent No. 7,714,705 entitled MAINTENANCE DECISION SUPPORT SYSTEM AND METHOD and owned by Concaten.  Filed May 20, 2011.

(10)    95/001,630 (electronically filed) – U.S. Patent No. 7,890,648 entitled AUDIOVISUAL PRESENTATION WITH INTERACTIVE SEAMLESS BRANCHING AND/OR TELESCOPIC ADVERTISING and owned by MONKEYmedia.  Filed May 20, 2011, by Apple.  The ‘648 patent is currently the subject of a litigation styled MONKEYmedia v. Apple (Case No. 1:10cv-319 (W.D. Tex.)); MONKEYmedia v. Disney et al. (Case No. 1:10-cv-533 (W.D. Tex.)).

(11)         95/000,632 (paper filed) – U.S. Patent No. 7,274,353 entitled CAPACITIVE    TOUCHPAD INTEGRATED WITH KEY AND HANDWRITING FUNCTIONS and owned by Elan Microelectronics.  Filed May 11, 2011.

The following ex parte requests were filed:

(1)       90/011,693 (electronically filed) – U.S. Patent No. 7,567,361 entitled PORTABLE COMMUNICATOR and owned by ADC Technology.  Filed May 16, 2011.

(2)       90/011,694 (electronically filed) – U.S. Patent No. 7,547,114 entitled MULTICOLOR ILLUMINATION DEVICE USING MOVING PLATE WITH WAVELENGTH CONVERSION MATERIALS and owned by YLX.  Filed May 16, 2011.

(3)       90/011,695 (electronically filed) – U.S. Patent No. 5,663,757 entitled SOFTWARE CONTROLLED MULTI-MODE INTERACTIVE TV SYSTEMS and owned by EON Holdings.  Filed May 17, 2011, by Kyocera Communications.   The ‘757 patent is currently the subject of a litigation styled EON Corp., IP Holdings v. Flo TV Inc. et al. (Case No. 10-cv-812-SLR (D. Del.)).

(4)       90/011,696 (electronically filed) – U.S. Patent No. 6,420,682 entitled FOGLESS MIRROR FOR A BATHROOM SHOWER AND BATHTUB SURROUND and owned by NewHome Bath and Mirror.  Filed May 17, 2011, by ThermaSol Steambath.

(5)       90/011,697 (electronically filed) – U.S. Patent No. 7,835,927 entitled MEDICATION MANAGEMENT SYSTEM and owned by Carefusion 303.  Filed May 18, 2011.

(6)       90/011,698 (electronically filed) – U.S. Patent No. 7,292,095 entitled NOTCH FILTER FOR RIPPLE REDUCTION IN CHOPPER STABILIZED AMPLIFIERS and owned by Texas Instruments. Filed May 18, 2011, by Owner.

(7)       90/011,699 (electronically filed) – U.S. Patent No. 7,052,207 entitled SEDIMENT CONTROL DRAIN AND METHOD OF CONSTRUCTION and owned by Wimco.  Filed May 19, 2011, by Owner.

(8)       90/011,700 (electronically filed) – U.S. Patent No. 7,488,414 entitled STORM WATER FILTER FOR POSITIONING WITHIN A STORM WATER INLET and owned by Wimco.  Filed May 19, 2011, by Owner.

(9)       90/011,701 (electronically filed) – U.S. Patent No. 7,923,047 entitled SEASONING AND METHOD FOR SEASONING A FOOD PRODUCT WHILE REDUCING DIETARY SODIUM INTAKE and owned by Conagra Foods.  Filed May 10, 2011.

(10)    90/011,702 (electronically filed) – U.S. Patent Reissue No. 40,384 entitled APPARATUS AND METHOD FOR MANIPULATING SCANNED DOCUMENTS IN A COMPUTER AIDED DESIGN SYSTEM and owned by American Imaging Services.  Filed May 20, 2011.

(12)    90/009,905 (paper filed) – U.S. Patent No. 6,167,426 entitled CONTACT ALERTS FOR UNCONNECTED USERS and owned by SimpleAir.  Filed May 3, 2011, likely by RIM.   The ‘426 patent is currently the subject of a litigation styled SimpleAir v. AWS et al. (Case No. 2:09-cv-289-TJW (E.D. Tex.)).

(11)    90/009,907 (paper filed) – U.S. Patent No. 7,779,581 entitled REPLACEABLE WET-SET TACTILE WARNING SURFACE UNIT AND METHOD OF INSTALLATION AND REPLACEMENT and owned by ADA Solutions. Filed May 4, 2011, by Owner.   The ‘581 patent is currently the subject of a litigation styled ADA Solutions v. Engineering Plastics et al. (Case No. 1:10-cv-11512-NMG (D. Mass.)).

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