Challenge to ObjectVideo Patent in ITC Case, among the Reexamination Requests Filed Week of March 19, 2012

Scott Daniels | March 26, 2012

Last Friday a 916-page request for inter partes reexamination was filed against ObjectVideo’s U.S. Patent No. 7,613,424 (see inter partes Request No. (4)).  The ‘424 patent is one of six patents that are the subject of an ITC investigation – Certain Video Analytics – instituted last July against Bosch, Samsung and Sony.  Although the identity of the Requestor is not yet apparent from the PTO docket, it is likely one of these three Respondents in the ITC case.  Reexamination has less impact on ITC investigations than on infringement actions in the District Courts because the ITC refuses to stay its cases.  On the other hand, one wonders whether the ITC, given its focus on protecting the public interest, would be willing to maintain an exclusion order where the patent-in-question has been determined in reexamination at the PTO to be unpatentable.  Perhaps the ObjectVideo case will present that issue.  

In an unusual twist, an unidentified third party requested reexamination of U.S. Patent No. 6,307,955 last Monday, and on Friday, the ‘955 patentee, Topaz Systems, filed its own request (see ex parte Request Nos. (1) & (7)).

The following inter partes requests were filed:

(1)         95/001,943 (electronically filed) – U.S. Patent No. 6,089,784 entitled GROUND-REINFORCEMENT PANELS, AND MULTI-PANEL, GROUND-DECKING ARRAYS INCORPORATING THEM and owned by Fergus Ardern.  Filed March 19, 2012, by Signature Systems Group

(2)         95/001,944 (electronically filed) – U.S. Patent No. 8,027,913 entitled PROCESS AND DEVICE FOR CONDUCTING ELECTRONIC TRANSACTIONS and owned by Purple Leaf.  Filed March 19, 2012. 

(3)         95/001,945 (electronically filed) – U.S. Patent No. 6,910,890 entitled DENTAL PLIER DESIGN WITH OFFSETTING JAW AND PAD ELEMENTS FOR ASSISTING IN REMOVING UPPER AND LOWER TEETH UTILIZING THE DENTAL PLIER DESIGN and owned by Beak and Bumper.  Filed March 20, 2012, by DentalUSA

(4)         95/001,946 (electronically filed) – U.S. Patent No. 7,613,424 entitled DETECTION OF CHANGES IN POSTURE IN VIDEO and owned by ObjectVideo.  Filed March 23, 2012.  The ‘424 patent is currently the subject of the ITC investigation Certain Video Analytics Software, 337-TA-795. 

The following ex parte requests were filed:

(1)         90/012,202 (electronically filed) – U.S. Patent No. 6,307,955 entitled ELECTRONIC SIGNATURE MANAGEMENT SYSTEM and owned by Topaz Systems.  Filed March 20, 2012, presumably by RightSignature.  The ‘955 patent is currently the subject of a litigation styled Topaz Systems v. RightSignature (Case No. 11-cv-8929-RZ (C.D. Cal.)). 

(2)         90/012,203 (electronically filed) – U.S. Patent No. 5,449,767 entitled MODIFIED POLYNUCLEOTIDES AND METHODS OF PREPARING SAME and owned by Yale University.  Filed March 20, 2012.  

(3)         90/012,204 (electronically filed) – U.S. Patent No. 5,827,526 entitled Use of INDIGESTIBLE OLIGOSACCHARIDES TO PREVENT GASTROINTESTINAL INFECTIONS AND REDUCE DURATION OF DIARRHEA IN HUMANS and owned by Abbott Labs.  Filed March 22, 2012.  

(4)         90/012,205 (electronically filed) – U.S. Patent No. 5,550,753 entitled MICROCOMPUTER SPA CONTROL SYSTEM and owned by Jacuzzi and Sundance Spas.  Filed March 22, 2012.  

(5)         90/012,206 (electronically filed) – U.S. Patent No. 5,987,863 entitled LAWN MOWER HAVING FLOW CONTROL BAFFLES AND REMOVABLE MULCHING BAFFLES and owned by Exmark Manufacturing.  Filed March 23, 2012.  The ‘683 patent is currently the subject of a litigation styled Exmark Manufacturing v. Briggs & Stratton Power Products Group et al. (Case No. 10-cv-187 (D. Neb.)).

(6)         90/012,207 (electronically filed) – U.S. Patent No. 6,034,769 entitled METHOD AND DEVICE FOR COUNTING AND MEASURUNG PARTICLES and owned by Aleksandr and Yelena Yufa.  Filed March 23, 2012. 

(7)         90/012,208 (electronically filed) – U.S. Patent No. 6,307,955 entitled ELECTRONIC SIGNATURE MANGEMENT SYSTEM and owned by Topaz Systems.  Filed March 23, 2012, by Owner.  The ‘955 patent is currently the subject of a litigation styled Topaz Systems v. RightSignature (Case No. 11-cv-8929-RZ (C.D. Cal.)).  

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