Sony Challenge to Olympic Developments Internet Game Patent, among Reexamination Requests Filed Week of May 23, 2011

| May 31, 2011

Sony Computer Entertainment America and Sony requested reexamination of a patent for a remote control device for Internet games, licensed to Olympic Developments, AG. (see ex parte Request No. (2)).  The parties are currently involved in litigation over that patent, as well as U.S. Patent No. 5,435,585, in the Central District of California.

Requests were filed by eBiosciences against three patents for nanocrystal probes used for medical testing (see ex parte Request Nos. (17), (18) & (19)).  The patents are the subject of a law suit in the Southern District of California and are owned, according to PTO assignment records, by Institutional Venture Partners that describes itself as “premier later-stage venture capital and growth equity firm.”

An interesting strategy was employed by Holburn, when it simultaneously requested reexamination of a Guy Carpenter & Co. patent for assessing risk and filed a complaint seeking a declaratory judgment for patent invalidity and non-infringement (see inter partes Request No. (1)).

And Volkswagen requested reexamination of three Visteon Global patents for speed control in cars (see inter partes Request Nos. (2), (3) & (4)).

The following inter partes requests were filed:

(1)         95/001,631 (electronically filed) – U.S. Patent No. 7,949,548 entitled SPATIAL DATABASE SYSTEM FOR GENERATION OF WEATHER EVENT AND RISK REPORT and owned by Guy Carpenter & Co. Filed May 24, 2011, by Holborn Corporation.  The ‘548 patent is currently the subject of a litigation styled Aon Benfield v. Guy Carpenter & Co. (Case No. 1:11-cv-3529-PKC (S.D.N.Y.)).

(2)         95/001,632 (electronically filed) – U.S. Patent No. 6,285,945 entitled METHOD AND SYSTEM FOR CONTROLLING VEHICLE DECELERATION IN AN ADAPTIVE SPEED CONTROL SYSTEM BASED ON VEHICLE SPEED and owned by Visteon Global Technologies.  Filed May 24, 2011, by Volkswagen Group of America, Inc.  The ‘945 patent is currently the subject of a litigation styled Stragent, LLC et al v. Audi AG et al, Case No. 10-cv-00227-LED (E.D. Tex.).

(3)         95/001,633 (electronically filed) – U.S. Patent No. 6,393,352 entitled METHOD AND SYSTEM FOR CONTROLLING VEHICLE DECELERATION IN AN ADAPTIVE SPEED CONTROL SYSTEM BASED ON VEHICLE SPEED and owned by Visteon Global Technologies.  Filed May 24, 2011, by. Volkswagen Group of America, Inc.  The ‘352 patent is currently the subject of a litigation styled Stragent et al. v. Audi AG et al. (Case No. 6:10-cv-227-LED (E.D. Tex.)).

(4)         95/001,634 (electronically filed) – U.S. Patent No. 6,604,043 entitled METHOD AND SYSTEM FOR CONTROLLING VEHICLE DECELERATION IN AN ADAPTIVE SPEED CONTROL SYSTEM BASED ON VEHICLE SPEED and owned by Visteon Global Technologies.  Filed May 24, 2011, by Volkswagen Group of America.  The ‘043 patent is currently the subject of a litigation styled Stragent et al. v. Audi AG et al. (Case No. 6:10-cv-227-LED (E.D. Tex.)).

(5)         95/001,635 (electronically 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 26, 2011, by Engineered Plastics, Inc.  The ‘581 patent is currently the subject of a litigation styled ADA Solutions, Inc. v. Engineered Plastics, Inc. d/b/a Armor-Title, et al. (Case No. 1:10-cv-11512 (D. Mass.)).

(6)         95/001,636 (electronically filed) – U.S. Patent No. 6,775,404 entitled APPARATUS AND METHOD FOR INTERACTIVE 3D REGISTRATION OF ULTRASOUND AND MAGNETIC RESONANCE IMAGES BASED ON A MAGNETIC POSITION SENSOR and owned by University of Washington. Filed May 27, 2011, by General Electric.  The ‘404 patent is currently the subject of a litigation styled University of Washington v. The General Electric Co. et al. (Case No. 2:10-cv-01933 (W.D. Wash.)).

The following ex parte requests were filed:

(1)         90/011,703 (electronically filed) – U.S. Patent No. 7,536,046 entitled METHOD AND APPARATUS FOR CURRENCY DISCRIMINATION AND COUNTING and owned by Cummins-Allison Corp.  Filed May 22, 2011.  

(2)         90/011,704 (electronically filed) – U.S. Patent No. 6,246,400 entitled DEVICE FOR CONTROLLING REMOTE INTERACTIVE RECEIVER and owned by Tugaloo Lavonia GMBH, LLC.  Filed May 23, 2011 by Sony Computer Entertainment America and Sony Electronics.   The ‘400 patent is currently the subject of a litigation styled Olympic Developments, AG v. Sony Computer Entertainment (Case No. 11-cv-01080-JCS (C.D. Cal.)).

(3)         90/011,705 (electronically filed) – U.S. Patent No. D496,053 entitled HIGH-PROFILE REFRIGERATED FLORAL MERCHANDISER UNIT and owned by Floratech Division of Air Innovations, Inc.  Filed May 23, 2011, likely by Barker Co.   The ‘053 patent is currently the subject of a litigation styled Air Innovations v. Barker (Case No. 3:10-cv-00077-JAJ-CFB (N.D.N.Y.)).

(4)         90/011,706 (electronically filed) – U.S. Patent No. 6,518,878 entitled WARNING SYSTEM and owned by Watchguard Isle, LLC Filed May 23, 2011 by.   The ‘878 patent is currently the subject of a litigation styled Russell Cave & Partners, LLC v. UTC Fire & Security Corp., C.A. 10-cv-9679-DMG (C.D. Cal.)

(5)         90/011,707 (electronically filed) – U.S. Patent No. 6,386,324 entitled ELEVATOR TRACTION SHEAVE and owned by Otis Elevator.  Filed May 23, 2011, by Schindler Elevator Corp.   

(6)         90/011,708 (electronically filed) – U.S. Patent No. 6,401,871 entitled TENSION MEMBER FOR AN ELEVATOR and owned by Otis Elevator. Filed May 23, 2011, by Schindler Elevator Corp.  

(7)         90/011,709 (electronically filed) – U.S. Patent No. 6,364,061 entitled TENSION MEMBER FOR AN ELEVATOR and owned by Otis Elevator. Filed May 23, 2011, by Schindler Elevator Corp.  

(8)         90/011,710 (electronically filed) – U.S. Patent No. 6,181,294 entitled ANTENNA FOR ELECTRIC METER AND METHOD OF MANUFACTURING THEREOF and owned by Transdata, Inc. Filed May 24, 2011.   The ‘294 patent is currently the subject of a litigation styled Transdata v. Denton County Electric Cooperative (Case No. 6:11-cv-00113 (E.D. Tex.)).

(9)         90/011,711 (electronically filed) – U.S. Patent No. 7,301,287 entitled HIGH POWER LIGHT STRING DEVICE and owned by Chao Tai Electron Co.  Filed May 25, 2011.  

(10)     90/011,712 (electronically filed) – U.S. Patent No. 6,474,383 entitled AUTOMOTIVE WHEEL WITH IMPROVED INFLATION SYSTEM and owned by Hutchinson SA. Filed May 25, 2011.  

(11)     90/011,713 (electronically filed) – U.S. Patent No. 6,080,330 entitled ANTI-FREEZING AND DEICING COMPOSITION AND METHOD and owned by Natural Alternative, LLC.  Filed May 26, 2011.  

(12)     90/011,714 (electronically filed) – U.S. Patent No. 7,662,212 entitled MEMBRANE POST TREATMENT and owned by Siemens Industry.  Filed May 27, 2011, by Owner.  

(13)     90/011,715 (electronically filed) – U.S. Patent No. 7,511,181 entitled PRODUCTION OF DIESEL FUEL FROM BIORENEWABLE FEEDSTOCKS and owned by Honeywell/UOP.  Filed May 27, 2011.  

(14)     90/011,716 (electronically filed) – U.S. Patent No. 7,627,975 entitled ELECTRIFIED HANDGUARD and owned by Steve Hines.  Filed May 27, 2011.  

(15)     90/009,906 (paper filed) – U.S. Patent No. 7,035,914 entitled SYSTEM AND METHOD FOR TRANSMISSION OF DATA and owned by Verus International Group, Ltd. Filed May 3, 2011, by Research in Motion Ltd (RIM).   The ‘914 patent is currently the subject of a litigation styled SimpleAir, Inc. v. AWS Convergence Techs., Inc., et al. (Case No. 09-cv-00289-CE (E.D. Tex.)).

(16)     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, Inc. v. Engineered Plastics, Inc. d/b/a Armor-Title, et al. (Case No. 1:10-cv-11512 (D. Mass.)).

(17)     90/009,908 (paper filed) – U.S. Patent No. 6,927,069 entitled ORGANO LUMINESCENT SEMICONDUCTOR NANOCRYSTAL PROBES FOR BIOLOGICAL APPLICATIONS AND PROCESS FOR MAKING AND USING SUCH PROBES and owned by Institutional Venture Partners.  Filed May 13, 2011, by eBioscience.   The ‘069 patent is currently the subject of a litigation styled Life Technologies Corp., et al v. eBiosciencse, Inc., (Case No. 10-cv-2127-IEG- NLS (S.D. Cal.)).

(18)     90/009,909 (paper filed) – U.S. Patent No. 6,699,723 entitled ORGANO LUMINESCENT SEMICONDUCTOR NANOCRYSTAL PROBES FOR BIOLOGICAL APPLICATIONS AND PROCESS FOR MAKING AND USING SUCH PROBES and owned by Institutional Venture Partners.  Filed May 13, 2011, by eBioscience.   The ‘723 patent is currently the subject of a litigation styled Life Technologies Corp., et al v. eBioscience, Inc., (Case No. 10-cv-2127-IEG-NLS (S.D. Cal.)).

(19)     90/009,910 (paper filed) – U.S. Patent No. 6,423,551 entitled ORGANO LUMINESCENT SEMICONDUCTOR NANOCRYSTAL PROBES FOR BIOLOGICAL APPLICATIONS AND PROCESS FOR MAKING AND USING SUCH PROBES  and owned by Institutional Venture Partners VII, L.P., et al. Filed May 13, 2011, by eBioscience.  The ‘551 patent is currently the subject of a litigation styled Life Technologies Corp., et al v. eBioscience, Inc., (Case No. 10-cv-2127-IEG-NLS (S.D. Cal.)).

(20)     90/009,911 (paper filed) – U.S. Patent No. 6,455,639 entitled OXIRANE DERIVATIVE AND PROCESS FOR THE PREPARATION THEREOF and owned by NOF Corporation.  Filed May 13, 2011.  

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