Facebook Request for Reexamination of Data Review Patent among those Requested Week of October 10, 2011

Scott Daniels | October 17, 2011

A Markman hearing is currently scheduled for the beginning of November in Indacon’s case against Facebook for infringement of two patents related to storing and reviewing data.  But on Friday Facebook requested reexamination of one of the Indacon patents (see inter partes Request No. (9)) and on the same day, asked Judge Orlando Garcia of the Western District of Texas to stay the infringement action “until Indacon files its response to the PTO’s first Office Action in the reexamination.”  At that time, Facebook says, Judge Garcia could assess the effect that the reexamination might have on the case and whether the case should be stayed pending completion of the reexamination.  Facebook focused on the imminent Markman hearing, noting that the reexamination could provide additional evidence that might affect Judge Garcia’s claim construction of both patents-in-suit.  “No matter what the outcome of the reexamination, claim construction will surely be affected.” 

In 2007 the U.S. International Trade Commission (ITC) issued a general exclusion order prohibiting the entry into the United States of ink cartridges that infringed any of ten Seiko Epson patents, plus a cease and desist order stopping the sale of infringing ink cartridges already in the United States.  The principal target of these orders was Ninestar Technology.  In March Ninestar asked the ITC for an advisory opinion whether its R-Series ink cartridges infringe any of the ten Seiko Epson patents.  Ninestar has now expanded its challenge to the Seiko Epson patents by requesting reexamination of the ‘053 patent (see inter partes Request No. (1)).  It will be interesting to see how Ninestar coordinates its challenges to that patent at the ITC and at the PTO, respectively.

An unidentified party, likely to be Skyworks Solutions, has requested reexamination of U.S. Patent No. 4,827,226 for an adjustable isolator, owned by CTS Corp. (see ex parte Request No. 12)).  CTS is currently suing Skyworks in the Central District of California for infringement of the ‘226 patent.  What makes the present request interesting is that Skyworks has twice previously requested reexamination of the ‘226 patent, once resulting in confirmation of the claims-in-question, and the second time in a rejection that is currently on appeal to the PTO Board of Appeals.  The present request might be an attempt by Skyworks to fortify the rejection in the second reexamination now at the Board. 

And someone is wasting no time in seeking reexamination of Honeywell’s U.S. Patent No. 8,033,120 for hydrofluorocarbon coolants for refrigerators.  A request was filed last Thursday, two days after issuance of the ‘120 patent, by a so-far undisclosed party (see inter partes Request No. (6)).

The following inter partes requests were filed:

(1)         95/001,778 (electronically filed) – U.S. Patent No. 7,008,053 entitled INK CARTRIDGE AND RECORDING APPARATUS and owned by Seiko Epson.  Filed October 11, 2011, by Ninestar Technology Co., Ltd.  The ‘053 patent is currently the subject of a litigation styled Certain Ink Cartridges and Components Thereof, (ITC Investigation No. 337-TA-565).

(2)         95/001,779 (electronically filed) – U.S. Patent No. 7,659,827 entitled SYSTEM AND METHOD FOR TAKING RISK OUT OF DRIVING and owned by Drivecam.  Filed October 11, 2011, by Smartdrive Systems.  The ‘827 patent is currently the subject of a litigation styled Drivecam v. Smartdrive Systems (Case No. 3:11-cv-997-H-RBB (S.D. Cal.)). 

(3)         95/001,780 (electronically filed) – U.S. Patent No. 6,585,328 entitled CUSTOMIZED MATTRESS EVALUATION SYSTEM and owned by Kingsdown.  Filed October 11, 2011, likely by King Koil.  The ‘328 patent is currently the subject of a litigation styled Kingsdown v. King Koil (Case No. 1:11-cv-220 (M.D.N.C.)). 

(4)         95/001,781 (electronically filed) – U.S. Patent No. 7,804,426 entitled SYSTEM AND METHOD FOR SELECTIVE REVIEW OF EVENT DATA and owned by Drivecam.  Filed October 12, 2011, by SmartDrive Systems.  The ‘426 patent is currently the subject of a litigation styled Drivecam v. Smartdrive Systems (Case No. 3:11-cv-997-H-RBB (S.D. Cal.)).

(5)         95/001,782 (electronically filed) – U.S. Patent No. 7,778,595 entitled METHOD FOR MANAGING MEDIA and owned by Affinity Labs.  Filed October 13, 2011.  The ‘595 patent is currently the subject of a litigation styled Affinity Labs of Texas v. Apple et al. (Case No. 11-cv-349-RC (E.D. Tex.)). 

(6)         95/001,783 (electronically filed) – U.S. Patent No. 8,033,120 entitled COMPOSITIONS AND METHODS CONTAINING FLUORINE SUBSTITUTED OLEFINS and owned by Honeywell.  Filed October 13, 2011. 

(7)         95/001,784 (electronically filed) – U.S. Patent No. 6,559,379 entitled PRESSURE SENSOR WITH TRANSDUCER MOUNTED ON A METAL BASE and owned by GE.  Filed October 13, 2011, by Silicon Microstructures

(8)         95/001,785 (electronically filed) – U.S. Patent No. 7,963,906 entitled Imaging and EVALUATING EMBRYOS, OOCYTES, AND STEM CELLS and owned by Filed October 14, 2011, by Unisense Fertilitech A/S.  The ‘906 patent is currently the subject of a litigation styled Unisense Fertilitech A/S v. Auxogyn et al. (Case No. 11-cv-5065 (N.D. Cal.)). 

(9)         95/001,786 (electronically filed) – U.S. Patent No. 7,836,043 entitled DATABASE SYSTEM AND METHOD FOR DATA ACQUISITION AND PERUSAL and owned by Indacon.  Filed October 14, 2011, by Facebook.  The ‘043 patent is currently the subject of a litigation styled Indacon v. Facebook (Case No. 5:10-cv-966-OLG (W.D. Tex.)).

The following ex parte requests were filed:

(1)         90/011,950 (electronically filed) – U.S. Patent No. 7,916,684 entitled WIRELESS COMMUNICATION NETWORK PROVIDING COMMUNICATIONS BETWEEN MOBILE DEVICES AND ACCESS POINTS and owned by Harris Corporation. Filed October 10, 2011, likely by Ruckus Wirless.   The ‘684 patent is currently the subject of a litigation styled Harris Corporation v. Ruckus Wireless, Inc., (Case No. 11-cv-00618 (M.D.Fla.)).

(2)         90/011,951 (electronically filed) – U.S. Patent No. 6,389,340 entitled VEHICLE DATA RECORDER and owned by Leader Ventures, LLC.  Filed October 11, 2011, by Smartdrive Systems.  The ‘340 patent is currently the subject of a litigation styled Drivecam v. Smartdrive Systems (Case No. 3:11-cv-997-H-RBB (S.D. Cal.)).

(3)         90/011,952 (electronically filed) – U.S. Patent No. 6,370,713 entitled PULL-OUT SHOWER HEAD FOR KITCHEN and owned by Amfag S.P.A.  Filed October 11, 2011.  

(4)         90/011,953 (electronically filed) – U.S. Patent No. 6,344,591 entitled MALTITOL CRYSTALS OF PARTICULAR FORMS, CRYSTALLINE COMPOSITIONS CONTAINING THEM AND PROCESSES FOR THEIR PREPARATION and owned by Roquette Freres.  Filed October 13, 2011.

(5)         90/011,954 (electronically filed) – U.S. Patent No. 6,933,849 entitled METHOD AND APPARATUS FOR TRACKING OBJECTS AND PEOPLE and owned by Automated Tracking Solutions.  Filed October 13, 2011.  

(6)         90/011,955 (electronically filed) – U.S. Patent No. 7,551,089 entitled METHOD AND APPARATUS FOR TRACKING OBJECTS AND PEOPLE and owned by Automated Tracking Solutions.  Filed October 13, 2011.  

(7)         90/011,956 (electronically filed) – U.S. Patent No. 7,289,524 entitled EXECUTION UNIT FOR A NETWORK PROCESSOR and owned by BBN Technologies.  Filed October 13, 2011.  

(8)         90/011,957 (electronically filed) – U.S. Patent No. 7,631,473 entitled CUTTER-SEALER FOR CUTTING AND SEALING POLYMER SHEETS and owned by Filed October 14, 2011.  

(9)         90/011,958 (electronically filed) – U.S. Patent No. 7,601,266 entitled METHOD OF PROMOTING UNRESTRICTED FLOW OF IRRIGATION WATER THROUGH IRRIGATION NETWORKS and owned by CH2O, Inc.  Filed October 14, 2011.  

(10)     90/011,959 (electronically filed) – U.S. Patent No. 6,794,410 entitled USE OF (Z) -2-CYANO-3-HYDROXY- BUT-2-ENOIC ACID-(4-TRIFLUOROMETHYLPHENYL) -AMIDE FOR TREATING MULTIPLE SCLEROSIS and owned by Aventis Pharmaceuticals.  Filed October 14, 2011.  

(11)     90/011,960 (electronically filed) – U.S. Patent No. 5,863,584 entitled METHOD FOR TREATING PRODUCE AND PROCESS WATER and owned by CH2O, Inc.   Filed October 14, 2011.  

(12)     90/011,961 (electronically filed) – U.S. Patent No. 4,827,226 entitled FULLY INTEGRATED, ADJUSTABLE OSCILLATOR FOR USE WITH A CRYSTAL and owned by CTS Corp.  Filed October 14, 2011, likely by Skyworks Solutions.   The ‘226 patent is currently the subject of a litigation styled CTS Corp. v. Skyworks Solutions (Case No. 8:11-cv-975-CJC (C.D. Cal.)). 

(13)     90/011,962 (electronically filed) – U.S. Patent No. 6,728,684 entitled ON-LINE PHARMACY AUTOMATED REFILL SYSTEM and owned by Compufill.  Filed October 14, 2011, by Owner.  

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