Challenge to Social Networking Patent among the Reexamination Requests Filed Week of March 26, 2012

| April 3, 2012

Earlier this year, Real Time Social Inventions sued ten companies, including Facebook and Oracle, for infringement of U.S. Patent No. 7,853,881.  Now, RT Social Networks has requested reexamination (see inter partes Request No. (2)), stating that it is the only real party in interest, even though RT Social Networks is not one of the defendants named in those infringement actions. 

An unidentified party has requested reexamination of an Intellectual Ventures voice recognition patent (see ex parte Request No. (8)).  There does not appear to be a parallel District Court case, continuing a recent trend of reexamination being requested against “assertion entities,” even in the absence of litigation. 

Apple was in the news, requesting reexamination of the VirnetX patent (see inter partes Request No. (3)) that was recently added to the infringement case involving the two companies (as well as Cisco) in the Eastern District of Texas.

The following inter partes requests were filed:

(1)         95/001,947 (electronically filed) – U.S. Patent No. 6,648,609 entitled and owned by Waters Tech.  Filed March 27, 2012, by Aurora SFC Systems.  The ‘609 patent is currently the subject of a litigation styled Waters Tech. v. Aurora SFC Systems (Case No. 1:11-cv-708-JEI (D. Del.)). 

(2)         95/001,948 (electronically filed) – U.S. Patent No. 7,853,881 entitled MULTI-USER ON-LINE REAL-TIME VIRTUAL SOCIAL NETWORKS BASED UPON COMMUNITIES OF INTEREST FOR ENTERTAINMENT, INFORMATION OR E-COMMERCE PURPOSES and owned by Real Time Social Inventions LLC.  Filed March 27, 2012, by RT Social Networks LLC.  The ‘881 patent is currently the subject of eight infringement actions in Delaware. 

(3)         95/001,949 (electronically filed) – U.S. Patent No. 8,051,181 entitled METHOD FOR ESTABLISHING SECURE COMMUNICATION LINK BETWEEN COMPUTERS OF VIRTUAL PRIVATE NETWORK and owned by VirnetX.  Filed March 28, 2012, by Apple.  The ‘181 patent is currently the subject of a litigation styled VirnetX v. Cisco et al. (Case No. 6:10-cv-417 (E.D. Tex.)). 

(4)         95/001,950 (electronically filed) – U.S. Patent No. 8,092,876 entitled COATING COMPOSITIONS FOR CANS AND METHODS OF COATING and owned by Valspar Sourcing.  Filed March 29, 2012, by PPG Industries

(5)         95/001,951 (electronically filed) – U.S. Patent No. 7,592,047 entitled COATING COMPOSITIONS FOR CANS AND METHODS OF COATING and owned by Valspar Sourcing.  Filed March 29, 2012, by PPG Industries.

(6)         95/001,952 (electronically filed) – U.S. Patent No. 6,793,574 entitled VENT WITH PRESECURED MECHANICAL FASTENERS and owned by Air Vent.  Filed March 29, 2012, by Owens Corning.  The ‘574 patent is currently the subject of a litigation styled Air Vent v. Owens Corning (Case No. 2:10-cv-1699 (W.D. Pa.)). 

(7)         95/001,953 (electronically filed) – U.S. Patent No. 6,482,084 entitled END-VENTILATING ADJUSTABLE PITCH ARCUATE ROOF VENTILATOR and owned by Air Vent.  Filed March 29, 2012, by Owens Corning.  The ‘084 patent is currently the subject of a litigation styled Air Vent v. Owens Corning (Case No. 2:10-cv-1699 (W.D. Pa.)). 

(8)         95/001,954 (electronically filed) – U.S. Patent No. 6,299,528 entitled END-VENTILATING ADJUSTABLE PITCH ARCUATE ROOF VENTILATOR and owned by Air Vent.  Filed March 30, 2012, by Owens Corning.  The ‘528 patent is currently the subject of a litigation styled Air Vent v. Owens Corning (Case No. 2:10-cv-1699 (W.D. Pa.)). 

The following ex parte requests were filed:

(1)         90/012,209 (electronically filed) – U.S. Patent No. 7,055,981 entitled STRETCHABLE AND SHRINKABLE TREE LIGHT STRINGS and owned by Willis Electric.  Filed March 26, 2012.

(2)         90/012,210 (electronically filed) – U.S. Patent No. 5,631,953 entitled CIRCUIT ARRANGEMENT FOR INTEGRATION OF EDP SYSTEMS IN THE UTILIZATION OF TELEPHONE SYSTEMS and owned by CSB-System Int’l.  Filed March 27, 2012.  The ‘953 patent is currently the subject of a litigation styled CSB-System Int’l v. SAP America (Case No. 2:10-cv-2156 (E.D. Pa.)). 

(3)         90/012,211 (electronically filed) – U.S. Patent No. 5,265,562 entitled INTERNAL COMBUSTION ENGINE WITH LIMITED TEMPERATURE CYCLE and owned by Kruse Tech. Part.  Filed March 28, 2012.   The ‘562 patent is currently the subject of a litigation styled Kruse Tech. Part. V. Daimler AG et al. (Case No. 8:10-cv-1066 (C.D. Cal.)).  

(4)         90/012,212 (electronically filed) – U.S. Patent No. 6,058,904 entitled INTERNAL COMBUSTION ENGINE WITH LIMITED TEMPERATURE CYCLE and owned by Kruse Tech. Part.  Filed March 28, 2012.  The ‘904 patent is currently the subject of a litigation styled Kruse Tech. Part. V. Daimler AG et al. (Case No. 8:10-cv-1066 (C.D. Cal.)).  

(5)         90/012,213 (electronically filed) – U.S. Patent No. 7,060,431 entitled METHOD OF MAKING AND DECODING OF ARRAY SENSORS WITH MICROSPHERES and owned by Illumina.  Filed March 29, 2012, by Life Technologies Corp.   The ‘431 patent is currently the subject of a litigation styled Illumina v. Life Technologies Corp. et al. (Case No. 3:11-cv-3022 (S.D. Cal.)). 

(6)         90/012,214 (electronically filed) – U.S. Patent No. 7,898,493 entitled IMPLEMENTATION OF ULTRA WIDE BAND (UWB) ELECTRICALLY SMALL ANTENNAS BY MEANS OF DISTRIBUTED NON FOSTER LOADING and owned by The Ohio State University.  Filed March 30, 2012, by HRL Laboratories

(7)         90/012,215 (electronically filed) – U.S. Patent No. 5,693,902 entitled AUDIO BLOCK SEQUENCE COMPILER FOR GENERATING PRESCRIBED DURATION AUDIO SEQUENCES and owned by SmartSound Software.  Filed March 30, 2012.   The ‘902 patent is currently the subject of a litigation styled SmartSound Software v. Avid Technology et al. (Case No. 3:12-cv-223 (W.D. Wis.)). 

(8)         90/012,216 (electronically filed) – U.S. Patent No. 6,263,311 entitled METHOD AND SYSTEM FOR PROVIDING SECURITY USING VOICE RECOGNITION and owned by Intellectual Ventures.  Filed March 30, 2012.  

(9)         90/012,217 (electronically filed) – U.S. Patent No. 5,872,640 entitled FACSIMILE FORM GENERATION SYSTEM and owned by Xpedite Communications.  Filed March 30, 2012, by j2 Global.   The ‘640 patent is currently the subject of a litigation styled Xpedite Systems v. j2 Global Communications (Case No. 1:11-cv-706 (N.D. Ga.)). 

(10)     90/012,218 (electronically filed) – U.S. Patent No. 5,877,445 entitled SYSTEM FOR GENERATING PRESCRIBED DURATION AUDIO AND/OR VIDEO SEQUENCES and owned by Sonic Desktop.  Filed March 30, 2012.  

(11)     90/012,219 (electronically filed) – U.S. Patent No. 5,845,475 entitled LAWN MOWER HAVING FLOW CONTROL BAFFLES AND REMOVABLE MULCHING BAFFLES and owned by ExMark.  Filed March 30, 2012.  

(12)     90/012,220 (electronically filed) – U.S. Patent Reissue No. 39,038 entitled METHOD AND APPARATUS FOR ALERTING AN OPERATOR OF A MOTOR VEHICLE TO AN INCOMING RADAR SIGNAL and owned by Hoyt Fleming.  Filed March 30, 2012.

(13)     90/012,222 (electronically filed) – U.S. Patent No. 5,539,990 entitled THREE-DIMENSIONAL OPTICAL LEVELLING, PLUMBING AND ANGLE-CALIBRATING INSTRUMENT and owned by Jing Lei Tech.  Filed March 30, 2012.  

(14)     90/012,223 (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 LaSalle Business Credit.  Filed March 30, 2012.  

(15)     90/012,224 (electronically filed) – U.S. Patent No. 5,948,818 entitled TREATMENT OF INFLAMMATORY BOWEL DISEASE USING ORAL DOSAGE FORMS OF OMEGA-3 POLYUNSATURATED ACIDS and owned by Tillotts Pharma.  Filed March 30, 2012.  

(16)     90/012,225 (electronically filed) – U.S. Patent No. 7,218,992 entitled MEDICAL TELE-ROBOTIC SYSTEM and owned by InTouch Technologies.  Filed March 30, 2012, by VGo Communications

(17)     90/012,226 (electronically filed) – U.S. Patent No. 7,150,442 entitled ICE SHELTER MODULAR SEATING SYSTEM and owned by Frabill.  Filed March 30, 2012.

(18)     90/012,227 (electronically filed) – U.S. Patent No. 7,000,894 entitled FLUIDIC CARTRIDGES AND END PIECES THEREOF and owned by Whirlpool.  Filed March 30, 2012.  

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