Facebook’s Reexamination Requests against two Pragmatus Patents, among those Filed Week of August 15, 2011

Scott Daniels | August 22, 2011

On Thursday Facebook requested reexamination of two patents belonging to Pragmatus – U.S. Patent Nos. 7,421,470 & 7,433,921 – related to “real-time” communications over the Internet (see inter partes Request Nos. (7) & (8)).  Also on Thursday, Facebook filed a motion to stay Pragmatus’ action in San Jose accusing Facebook of infringing the ‘470 and ‘921 patents.  Pragmatus obtained the two patents from Intellectual Ventures five days before suing Facebook

Google’s much-anticipated requests for reexamination of the two of the four Lodsys patents that are the subject of an infringement action against many, many Android® app developers, finally surfaced on the Internet (see inter partes Request Nos. (13) & (14)).  Because they were filed by paper, rather than electronically, they are still not available from the PTO. 

Gevo requested reexamination of Butamax Advanced Biofuels’ U.S. Patent No. 7,851,188 for recombinant microbial host cells useful in making isobutanol (see inter partes Request No. 10).  Butamax sued Gevo for infringement of the ‘188 patent in January in Delaware. 

Cisco requested reexamination of a VirnetX patent (see inter partes Request No. (6)). VirnetX is pursuing an infringement action in the Eastern District of Texas against Cisco and a number of others, including NEC and Apple

The following inter partes requests were filed:

(1)         95/001,709 (electronically filed) – U.S. Patent No. 6,746,639 entitled PROCESS FOR PREPARING POLYIMIDE FILM and owned by Kaneka.  Filed August 15, 2011, by SKC Kolon.  The ‘639 patent is currently the subject of a litigation styled Kaneka v. SKC Kolon (Case No. 1:10-cv-430 (E.D. Tex.)); Certain Polyimide Films, 337-TA-772.

(2)         95/001,710 (electronically filed) – U.S. Patent No. 7,582,432 entitled DARK QUENCHERS FOR DONORACCEPTOR ENERGY TRANSFER and owned by Filed August 15, 2011, by Life Technologies.  The ‘432 patent is currently the subject of a litigation styled Life Technologies v. Biosearch Technology (Case No.  10-cv-2665 (S.D. Cal.)).

(3)         95/001,711 (electronically filed) – U.S. Patent No. 7,019,129 entitled DARK QUENCHERS FOR DONORACCEPTOR ENERGY TRANSFER and owned by Biosearch.  Filed August 15, 2011, by Life Technologies.  The ‘129 patent is currently the subject of a litigation styled Life Technologies v. Biosearch Technology (Case No.  10-cv-2665 (S.D. Cal.)).

(4)         95/001,712 (electronically filed) – U.S. Patent No. 7,109,312 entitled DARK QUENCHERS FOR DONORACCEPTOR ENERGY TRANSFER and owned by Biosearch.  Filed August 15, 2011, by Life Technologies.  The ‘312 patent is currently the subject of a litigation styled Life Technologies v. Biosearch Technology (Case No.  10-cv-2665 (S.D. Cal.)).

(5)         95/001,713 (electronically filed) – U.S. Patent No. 7,555,301 entitled METHOD AND APPARATUS FOR COVERAGE AND THROUGHPUT ENHANCEMENT IN A WIRELESS COMMUNICATION SYSTEM and owned by Bandspeed.  Filed August 16, 2011 CSR Technology, Inc.  

(6)         95/001,714 (electronically filed) – U.S. Patent No. 7,490,151 entitled ESTABLISHMENT OF A SECURE COMMUNICATION LINK BASED ON A DOMAIN NAME SERVICE (DNS) REQUEST and owned by VirnetX.  Filed August 16, 2011, by Cisco.  The ‘151 patent is currently the subject of a litigation styled VirnetX v. Apple, Cisco, NEC, et al. (Case No. 6:10-cv-417 (E.D. Tex.)). 

(7)         95/001,715 (electronically filed) – U.S. Patent No. 7,421,470 entitled METHOD FOR REAL-TIME COMMUNICATION BETWEEN PLURAL USERS and owned by Pragmatus.  Filed August 17, 2011, by Facebook.  The ‘470 patent is currently the subject of a litigation styled Pragmatus v. Facebook (Case No. 5:11-cv-2168 (N.D. Cal.)). 

(8)         95/001,716 (electronically filed) – U.S. Patent No. 7,433,921 entitled SYSTEM FOR REAL-TIME COMMUNICATION BETWEEN PLURAL USERS and owned by Pragmatus.  Filed August 17, 2011, by Facebook.  The ‘921 patent is currently the subject of a litigation styled Pragmatus v. Facebook (Case No. 5:11-cv-2168 (N.D. Cal.)).

(9)         95/001,717 (electronically filed) – U.S. Patent No. 7,858,149 entitled METHODS AND SYSTEMS FOR COATING AND SEALING INSIDE PIPING SYSTEMS and owned by Pipe Restoration Technologies.  Filed August 17, 2011. 

(10)     95/001,718 (electronically filed) – U.S. Patent No. 7,851,188 entitled FERMENTIVE PRODUCTION OF FOUR CARBON ALCOHOLS and owned by Butamx Advanced Biofuels.  Filed August 18, 2011, by Gevo.  The ‘188 patent is currently the subject of a litigation styled Butamax Advanced Biofuels v. Gevo (Case No. 1:11-cv-00054-SLR (D. Del.)). 

(11)     95/001,720 (electronically filed) – U.S. Patent No. 6,364,198 entitled ENVELOPE HAVING NESTED RINGS and owned by Continental Datalabel.  Filed August 19, 2011. 

(12)     95/000,637 (paper filed) – U.S. Patent No. 7,874,926 entitled ELEVATED HAND-HELD MERRY-GO-ROUND and owned by Playcore.  Filed August 12, 2011. 

(13)     95/000,638 (paper filed) – U.S. Patent No. 7,620,565 entitled CUSTOMER-BASED PRODUCT DESIGN MODULE and owned by Lodsys.  Filed August 12, 2011, by Google

(14)     95/000,639 (paper filed) – U.S. Patent No. 7,222,078 entitled METHODS AND SYSTEMS FOR GATHERING INFORMATION FROM UNITS OF A COMMODITY ACROSS AN NETWORK and owned by Lodsys.  Filed August 12, 2011, by Google

The following ex parte requests were filed:

(1)         90/011,860 (electronically filed) – U.S. Patent No. 5,562,548 entitled CONVERTIBLE CHILD SWING and owned by Mattel.  Filed August 16, 2011.  

(2)         90/011,861 (electronically filed) – U.S. Patent No. 6,700,602 entitled SUBWAY TV MEDIA SYSTEM and owned by Scott Blair.  Filed August 16, 2011, by Owner.  

(3)         90/011,863 (electronically filed) – U.S. Patent No. 7,935,804 entitled ENGINEERED LISTERIA AND METHODS OF USE THEREOF and owned by Aduro Biotech.  Filed August 17, 2011, by Adaxis.  

(4)         90/011,864 (electronically filed) – U.S. Patent No. 7,220,018 entitled Marine LED LIGHTING SYSTEM AND METHOD and owned by Orbital Technologies.  Filed August 17, 2011.  The ‘018 patent is currently the subject of a litigation styled Orbital Technologies v. PFO Lighting (Case No. (W.D. Wis.)). 

(5)         90/011,865 (electronically filed) – U.S. Patent No. 7,473,008 entitled MARINE LED LIGHTING SYSTEM AND METHOD and owned by Orbital Technologies.  Filed August 17, 2011.  

(6)         90/011,866 (electronically filed) – U.S. Patent No. 7,663,660 entitled IMAGE DISPLAY SYSTEM AND IMAGE PROCESSING DEVICE and owned by Fujitsu.  Filed August 17, 2011, by Owner.  

(7)         90/011,867 (electronically filed) – U.S. Patent No. 5,599,529 entitled DISPERSIONS and owned by ICI Uniqema.  Filed August 18, 2011.   The ‘529 patent is currently the subject of a litigation styled ICI Uniqema v. Kobo (Case No. 06-cv-2943-JAP (D.N.J.)). 

(8)         90/011,868 (electronically filed) – U.S. Patent No. 6,220,526 entitled METHOD AND DEVICE FOR APPLYING ADHESIVES and owned by OMG, Inc.  Filed August 18, 2011.

(9)         90/011,869 (electronically filed) – U.S. Patent No. 7,777,074 entitled AMINO ACID COMPOUNDS and owned by Thermolife.  Filed August 18, 2011.  

(10)     90/011,870 (electronically filed) – U.S. Patent No. 7,393,188 entitled BRACKETLESS MAGNETIC PUMP and owned by Ecotech.  Filed August 18, 2011.  

(11)     90/009,931 (electronically filed) – U.S. Patent No. RE 42,314 entitled FUNCTIONAL INTERRUPT MITIGATION FOR FAULT TOLERANT COMPUTER and owned by Space Micro.  Filed August 4, 2011.  

(12)     90/009,932 (paper filed) – U.S. Patent No. 6,395,329 entitled PRINTED CIRCUIT BOARD MANUFACTURE and owned by Ethone.  Filed August 3, 2011.  

(13)     90/009,933 (paper filed) – U.S. Patent No. 6,860,925 entitled PRINTED CIRCUIT BOARD MANUFACTURE and owned by Ethone.  Filed August 3, 2011.  

(14)     90/009,934 (paper filed) – U.S. Patent No.  5,955,141 entitled PROCESS FOR SILVER PLATING IN PRINTED CIRCUIT BOARD MANUFACTURE and owned by Alpha Metals.  Filed August 3, 2011.  

(15)     90/009,935 (paper filed) – U.S. Patent No. 7,703,492 entitled TIRE TRACTION DEVICE SECURING APPARATUS and owned by Quality Chain.  Filed August 19, 2011.  

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