Cisco Attack on VirnetX on Network Security Patent, among Reexamination Requests Filed Week of July 5, 2011

Scott Daniels | July 11, 2011

Late Friday, Cisco requested reexamination of VirnetX’s U.S. Patent No. 6,502,135 entitled “Agile network protocol for secure communications with assured system availability” (see inter partes Request No. (6)).  The two companies are parties to an infringement action over the ‘135 patent in the Eastern District of Texas.

Shell Oil and Alcoa also countered infringement allegations by requesting reexamination of the patents-in-suit (see inter partes Request Nos. (3) & (4)).

The following inter partes requests were filed:

(1)         95/001,674 (electronically filed) – U.S. Patent No. 6,799,341 entitled FITTED CRIB and owned by Hometex.  Filed July 5, 2011, by Leggett & Platt

(2)         95/001,675 (electronically filed) – U.S. Patent No. 7,465,153 entitled DIVERTER FOR REDUCING WEAR IN A SLURRY PUMP and owned by GIW Industries.  Filed July 6, 2011, by S.P.I./Mobile Pulley Works.  The ‘153 patent is currently the subject of a litigation styled GIW Industries v. S.P.I./Mobile Pulley Works (Case No. 1:11-cv-185-KD (S. Ala.)).

(3)         95/001,676 (electronically filed) – U.S. Patent No. 6,210,459 entitled SOIL NUTRIENT COMPOSITIONS AND METHODS OF USING THE SAME and owned by Specialty Fertilizer Products.  Filed July 7, 2011, by Shell Oil.  The ‘459 patent is currently the subject of a litigation styled T.J. Sanders and Specialty Fertilizer Prods. v. Mosiac (Case No. 4:09-cv-00016-JTM (W.D. Mo.)).

(4)         95/001,677 (electronically filed) – U.S. Patent No. 7,178,880 entitled WHEEL CENTERING PIN, KIT AND METHOD and owned by Tru-Balance.  Filed July 8, 2011, by Alcoa.  The ‘880 patent is currently the subject of a litigation styled Tru-Balance v. Alcoa (Case No. 1:11-cv-1127-CMA (D. Colo.)).

(5)         95/001,678 (electronically filed) – U.S. Patent No. 7,348,575 entitled PROJECTION OPTICAL SYSTEM, EXPOSURE APPARATUS, AND EXPOSURE METHOD and owned by Nikon.  Filed July 8, 2011. 

(6)         95/001,679 (electronically filed) – U.S. Patent No. 6,502,135 entitled AGILE NETWORK PROTOCOL FOR SECURE COMMUNICATIONS WITH ASSURED SYSTEM AVAILABILITY and owned by VirnetX.  Filed July 8, 2011, by Cisco Systems.  The ‘135 patent is currently the subject of a litigation styled VirnetX v. Cisco (Case No. 6:10-cv-417 (E.D. Tex.)).

(7)         95/001,680 (electronically filed) – U.S. Patent No. 7,804,823 entitled SYSTEMS AND METHODS FOR COMMUNICATING DOCUMENTS VIA AN AUTONOMOUS MULTIPLE FUNCTION PERIPHERAL DEVICE and owned by Xpedite Systems.  Filed July 8, 2011. 

(8)         95/001,681 (electronically filed) – U.S. Patent No. 7,637,847 entitled EXERCISE SYSTEM AND METHOD WITH VIRTUAL PERSONAL TRAINER FOREWARNING and owned by Icon Health & Fitness.  Filed July 8, 2011, by Johnson Health Tech

The following ex parte requests were filed:

(1)         90/011,785 (electronically filed) – U.S. Patent No. 6,682,879 entitled CAMOUFLAGE PATTERN METHOD AND APPARATUS and owned by Conk.  Filed July 8, 2011.   The ‘879 patent is currently the subject of a litigation styled Conk v. Jordan Outdoor Enterprises et al. (Case No. 2:10-cv-5 (D. Utah)).

(2)         90/011,786 (electronically filed) – U.S. Patent No. 5,872,640 entitled FACSIMILE FORM GENERATION SYSTEM and owned by Xpedite  Systems.  Filed July 8, 2011.  

(3)         90/011,787 (electronically filed) – U.S. Patent No. 6,059,692 entitled APPARATUS FOR REMOTE INTERACTIVE EXERCISE AND HEALTH EQUIPMENT and owned by Icon Health & Fitness.  Filed July 8, 2011, by Johnson Health Tech.  

(4)         90/011,788 (electronically filed) – U.S. Patent No. 7,626,834 entitled DOUBLE ENDED CONVERTER WITH OUTPUT SYNCHRONOUS RECTIFIER AND AUXILIARY INPUT REGULATOR and owned by Enecsys.  Filed July 8, 2011.  

(5)         90/011,789 (electronically filed) – U.S. Patent No. 5,694,322 entitled METHOD AND APPARATUS FOR DETERMINING TAX OF A VEHICLE and owned by Vehicle, IP.  Filed July 8, 2011.   The ‘322 patent is currently the subject of a litigation styled Vehicle IP v. Wal-Mart Stores et al. (Case No. 1:10-cv-503 (D. Del.)).

(6)         90/011,790 (electronically filed) – U.S. Patent No. 6,422,291 entitled ROLL-UP BLIND WITH STOWABLE GUIDING MEMBERS FOR THE WINDOW OF A VEHICLE and owned by Baumeister & Ostler GmbH.  Filed July 9, 2011, likely by Macauto Industrial.   The ‘291 patent is currently the subject of a litigation styled BOS GmbH & Co KG v. Macauto Industrial Co. Ltd. (Case No. 11-cv-2362 (N.D. Ill.)).

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