VW Challenge to Flexible Car Warning Light among the Reexamination Requests Filed Week of September 6, 2011

Scott Daniels | September 12, 2011

In January, the company Effectively Illuminated Pathways, LLC. sued Aston Martin of North America, Bentley and Volkswagen of America (Bentley’s parent company) for infringement of U.S. Patent No. 6,520,669 for a flexibly mounted warning light for cars, presumably rather up-scale cars.  VW has now replied to that law suit by requesting reexamination of the ‘669 patent (see inter partes Request No. (1)), the request asserting 92 substantial new questions of patentability and weighing in at 1630 pages counting claim charts. 

Cisco requested reexamination of a VirnetX patent (see inter partes Request No. (10)) in a dispute described in greater detail in our second item posted today.  And SanDisk sought reexamination of a flash memory Netac patent (see inter partes Request No. (11)).

Also of interest last week was the fact that there were 16 inter partes reexamination requests and only 6 ex parte requests.  Normally, the ex parte cases exceed the inter partes.  Perhaps requesters are coming to the conclusion that full participation in the reexamination outweighs the risk of statutory estoppel attaching to inter partes requests.

The following inter partes requests were filed:

(1)         95/001,737 (electronically filed) – U.S. Patent No. 6,520,669 entitled FLEXIBLE SUBSTRATE MOUNTED SOLID-STATE LIGHT SOURCES FOR EXTERIOR VEHICULAR LIGHTING and owned by Effectively Illuminated Pathways, LLC Filed September 6, 2011, by Volkswagen Group of America.  The ‘669 patent is currently the subject of a litigation styled Effectively Illuminated Pathways, LLC v. Aston Martin Lagonda of North America et al.  (Case No. 6:11-cv-34-LED (E.D. Tex.)).

(2)         95/001,738 (electronically filed) – U.S. Patent No. 7,499,716 entitled SYSTEM AND METHOD FOR DELIVERING INFORMATION TO A TRANSMITTING AND RECEIVING DEVICE  and owned by Helferich Patent Licensing, LLC. Filed September 6, 2011, by CBS Interactive Inc., The New York Times Co., Best Buy Co., Inc., The Bon-Ton Dept Stores, Inc., G4 Media, LLC, Bravo Media LLC.  The ‘716 patent is currently the subject of a litigation styled Helferich Patent Licensing, LLC v. New York Times Co., Case No. 10-cv-4387 (N.D. Ill.)(filed July 14, 2010; Amended Complaint filed November 30, 2010).

(3)         95/001,739 (electronically filed) – U.S. Patent No. 7,835,757 entitled SYSTEM AND METHOD FOR DELIVERING INFORMATION TO A TRANSMITTING AND RECEIVING DEVICE and owned by Wireless Science, LLC.  Filed September 6, 2011, by CBS Interactive Inc., The New York Times Co., Best Buy Co., Inc., The Bon-Ton Dept Stores, Inc., G4 Media, LLC, Bravo Media LLC.  The ‘757 patent is currently the subject of a litigation styled Helferich Patent Licensing, LLC v. New York Times Co., Case No. 10-cv-4387 (N.D. Ill.).

(4)         95/001,740 (electronically filed) – U.S. Patent No. 7,280,838 entitled PAGING TRANSCEIVERS AND METHODS FOR SELECTIVELY RETRIEVING MESSAGES and owned by Wireless Science, LLC.  Filed September 6, 2011, by CBS Interactive Inc., The New York Times Co., Best Buy Co., Inc., The Bon-Ton Dept Stores, Inc., G4 Media, LLC, Bravo Media LLC.  The ‘838 patent is currently the subject of a litigation styled Helferich Patent Licensing, LLC v. New York Times Co., Case No. 10-cv-4387 (N.D. Ill.).

(5)         95/001,741 (electronically filed) – U.S. Patent No. 6,438,931 entitled POWER LAWN MOWER INCLUDING SHORTENED CONTROL ARMS FOR USE IN DECK LIFT SYSTEM and owned by Wright Mfg.  Filed September 6, 2011, by Toro and Exmark.  The ‘931 patent is currently the subject of a litigation styled Wright Mfg. v. Toro and Exmark (Case No. 11-cv-1373-MJG (D. Md.)).

(6)         95/001,742 (electronically filed) – U.S. Patent No. 6,935,093 entitled POWER LAWN MOWER INCLUDING SHORTENED CONTROL ARMS FOR USE IN DECK LIFT SYSTEM and owned by Wright Mfg.  Filed September 6, 2011, by Toro and Exmark.  The ‘093 patent is currently the subject of a litigation styled Wright Mfg. v. Toro and Exmark (Case No. 11-cv-1373-MJG (D. Md.)).

(7)         95/001,743 (electronically filed) – U.S. Patent No. 7,742,172 entitled PNEUMATIC CIRCUIT and owned by ETV Capital.  Filed September 6, 2011, by Hologic.  The ‘172 patent is currently the subject of a litigation styled Tissue Extraction Devices v. Hologic et al.  (Case No. 1:11-cv-628-JMS (S.D. Ind.)). 

(8)         95/001,744 (electronically filed) – U.S. Patent No. 7,902,107 entitled CATALYZED SCR FILTER AND EMISSION TREATMENT SYSTEM and owned by BASF.  Filed September 7, 2011. 

(9)         95/001,745 (electronically filed) – U.S. Patent No. 7,229,597 entitled CATALYZED SCR FILTER AND EMISSION TREATMENT SYSTEM and owned by BASF.  Filed September 7, 2011. 

(10)     95/001,746 (electronically filed) – U.S. Patent No. 6,839,759 entitled METHOD FOR ESTABLISHING SECURE COMMUNICATION LINK BETWEEN COMPUTERS and owned by VirnetX.  Filed September 7, 2011, by Cisco.  The ‘759 patent is currently the subject of a litigation styled VirnetX v. Cisco (Case No. 6:10-cv-417 (E.D. Tex.)). 

(11)     95/001,747 (electronically filed) – U.S. Patent No. 7,788,447 entitled ELECTRONIC FLASH MEMORY EXTERNAL STORAGE METHOD AND DEVICE and owned by Netac.  Filed September 7, 2011, by SanDisk

(12)     95/001,748 (electronically filed) – U.S. Patent No. 6,335,034 entitled TOPICAL DRUG PREPARATIONS and owned by GlycoBioSciences.  Filed September 8, 2011, by Nycomed.  The ‘034 patent is currently the subject of a litigation styled Nycomed v. GlycoBioSciences (Case No. 2:11-cv-1539 (D.N.J.)). 

(13)     95/001,749 (electronically filed) – U.S. Patent No. 7,422,053 entitled VAPOR-AUGMENTED HEATSINK WITH MULTI-WICK STRUCTURE and owned by Convergence Technologies.  Filed September 8, 2011. 

(14)     95/001,750 (electronically filed) – U.S. Patent No. 7,118,498 entitled PERSONAL GOLFING ASSISTANT AND METHOD AND SYSTEM FOR GRAPHICALLY DISPLAYING GOLF AND RELATED INFORMATION AND FOR COLLECTION, PROCESSING AND DISTRIBUTION OF GOLF RELATED DATA and owned by Skyhawke Technologies.  Filed September 9, 2011, likely by DECA.  The ‘498 patent is currently the subject of a litigation styled Skyhawke Technologies v. DECA Int’l (Case No. 3:10-cv-708 (S.D. Miss.)). 

(15)     95/001,751 (electronically filed) – U.S. Patent No. 7,977,575 entitled HIGH PERFORMANCE DATA CABLE and owned by Belden.  Filed September 9, 2011, likely by Superior Essex.  The ‘575 patent is currently the subject of a litigation styled Belden v. Superior Essex et al. (Case No. 1:11-cv-678-UNA (D. Del.)). 

(16)     95/001,752 (electronically filed) – U.S. Patent No. 6,456,938 entitled PERSONAL DGPS GOLF COURSE CARTOGRAPHER, NAVIGATOR AND INTERNET WEB SITE WITH MAP EXCHANGE AND TUTOR and owned by Skyhawke Technologies.  Filed September 9, 2011, likely by DECA.  The ‘938 patent is currently the subject of a litigation styled Skyhawke Technologies v. DECA Int’l (Case No. 3:10-cv-708 (S.D. Miss.)). 

The following ex parte requests were filed:

(1)         90/011,891 (electronically filed) – U.S. Patent No. 6,476,718 entitled Traceable Luggage Bag and System and owned by Christopher & John Cartwright.  Filed September 6, 2011, by Vanguard Identification Systems, Inc.  The ‘718 patent is currently the subject of a litigation styled Bel IP v.  High Sierra Sport (Case No. Civ. No. 11-cv-00188-HCM-DEM (E.D. Va.).

(2)         90/011,892 (electronically filed) – U.S. Patent No. 7,991,764 entitled METHOD AND SYSTEM FOR COMMUNICATION, PUBLISHING, SEARCHING, SHARING AND DYNAMICALLY PROVIDING A JOURNAL FEED and owned by Yogesh Rathod.  Filed September 6, 2011.  

(3)         90/011,893 (electronically filed) – U.S. Patent No. 6,748,192 entitled IMAGE HEATING APPARATUS HAVING METALLIC ROTARY MEMBER CONTACTING WITH HEATER and owned by Canon.  Filed September 8, 2011.  

(4)         90/011,894 (electronically filed) – U.S. Patent No. 7,463,050 entitled CELLULAR PHONE CONFIGURED WITH OFF-BOARD DEVICE CAPABILITIES AND STARTER/CHARGER AND BATTERY TESTING CAPABILITIES and owned by SPX.  Filed September 9, 2011.  

(5)         90/011,895 (electronically filed) – U.S. Patent No. 7,861,865 entitled PACKING ASSEMBLY and owned by Timely Inventions.  Filed September 9, 2011.  

(6)      90/011,896 (electronically filed) – U.S. Patent No. 7,947,928 entitled SLOW COOKER and owned by Hamilton Beach Brands.  Filed September 9, 2011, by Sunbeam Prods.   The ‘896 patent is currently the subject of a litigation styled Hamilton Beach Brands v. Sunbeam Prods. (Case No. 3:11-cv-345  (E.D. Va.)).

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