Google Attack on Computerized Menu Patent among the Reexamination Requests Filed the Week of April 9, 2012

| April 16, 2012

Last September, DietGoal Innovations sued a who’s-who of fast food companies (such as McDonalds and Burger King), plus Google, for infringement of a computerized menu patent: U.S. Patent No. 6,585,516 (see inter partes Request No. (1)).  Last week, it was Google that requested reexamination of the ‘516 patent.  DietGoal’s patented menu comprises a user interface, a database of food objects organized into meals, and a picture menus, so “that a user can select [a meal] to meet customized eating goal.”

Avery Dennison requested reexamination of two 3M patents for retro-reflective sheeting (see inter partes Request Nos. (8) & (9)).  3M has sued Avery in Minnesota for infringement of those two patents, as well as two other similar patents.  Judge Michael Davis issued a claim construction order last month in that infringement action. 

Finally, in what might be a first, the United States requested reexamination of a patent for neutralizing landmines (see inter partes Request No. (12)).  The inventor-owner of the patent is pursuing an infringement action against the U.S. in the Court of Claims. 

The following inter partes requests were filed:

(1)         95/001,959 (electronically filed) – U.S. Patent No. 6,585,516 entitled METHOD AND SYSTEM FOR COMPUTERIZED VISUAL BEHAVIOR ANALYSIS, TRAINING, AND PLANNING and owned by DietGoal Innovations, LLC. Filed April 9, 2011, by Google.  The ‘516 patent is currently the subject of a litigation styled DietGoal Innovations v. Arby’s Restaurant Group et al. (Case No. 2:11-cv-418 (E.D. Tex.)). 

(2)         95/001,960 (electronically filed) – U.S. Patent No. 7,320,031 entitled AUTOMATIC, PERSONALIZED ONLINE INFORMATION AND PRODUCT SERVICES and owned by Personalized User Model.  Filed March 10, 2012, perhaps by Google.  The ‘031 patent is currently the subject of a litigation styled Personalized User Model v. Google (Case No. 09-cv-525 (D. Del.)).

(3)         95/001,961 (electronically filed) – U.S. Patent No. 6,547,157 entitled METHOD AND DEVICE FOR MAKING SNOW and owned by Topgun Snow Making Systems, Inc. Filed April 11, 2012. 

(4)         95/001,962 (electronically filed) – U.S. Patent No. 6,797,454 entitled METHOD AND APPARATUS FOR THERMAL PROCESSING A PHOTOSENSITIVE ELEMENT and owned by DuPont.  Filed April 11, 2012, by MacDermid Printing Solutions.  The ‘454 patent is currently the subject of a litigation styled DuPont v. MacDermid Printing Solutions (Case No. 10-cv-3409 (D.N.J.)). 

(5)         95/001,963 (electronically filed) – U.S. Patent No. 7,503,143 entitled PAM CARRIER and owned by Encap.  Filed April 11, 2012, by Oldcastle Retail.  The ‘143 patent is currently the subject of a litigation styled Encap v. Oldcastle Retail et al. (Case No. 1:11-cv-808 (E.D. Wisc.)). 

(6)         95/001,964 (electronically filed) – U.S. Patent No. 7,874,101 entitled SOIL STABILIZER CARRIER and owned by Encap.  Filed April 11, 2012, by Oldcastle Retail.  The ‘101 patent is currently the subject of a litigation styled Encap v. Oldcastle Retail et al. (Case No. 1:11-cv-808 (E.D. Wisc.)).

(7)         95/001,965 (electronically filed) – U.S. Patent No. 7,730,662 entitled SOIL STABILIZER CARRIER.  Filed April 12, 2012, by Oldcastle Retail.  The ‘662 patent is currently the subject of a litigation styled Encap v. Oldcastle Retail et al. (Case No. 1:11-cv-808 (E.D. Wisc.)).

(8)         95/001,966 (electronically filed) – U.S. Patent No. 7,152,983 entitled LAMINA COMPRISING CUBE CORNER ELEMENTS AND RETROREFLECTIVE SHEETING and owned by 3M Innovative Properties.  Filed April 12, 2012, by Avery Dennison.  The ‘983 patent is currently the subject of a litigation styled 3M et al. v. Avery Dennison (Case No. 10-cv-2630 (D. Minn.)). 

(9)         95/001,967 (electronically filed) – U.S. Patent No. 7,261,426 entitled LAMINA COMPRISING CUBE CORNER ELEMENTS AND RETROREFLECTIVE SHEETING and owned by 3M Innovative Properties.  Filed April 12, 2012.  The ‘426 patent is currently the subject of a litigation styled 3M et al. v. Avery Dennison (Case No. 10-cv-2630 (D. Minn.)).

(10)     95/001,968 (electronically filed) – U.S. Patent No. 6,831,279 entitled LASER DIODE-EXCITED BIOLOGICAL PARTICLE DETECTION SYSTEM and owned by TSI, Inc.  Filed April 12, 2012.  The ‘279 patent is currently the subject of a litigation styled TSI v. Azbil BioVigilant (2:12-cv-0083 (D. Ariz.)). 

(11)     95/001,969 (electronically filed) – U.S. Patent No. 8,087,984 entitled BACCARAT GAME SYSTEM, METHOD OF USING BACCARAT GAME SYSTEM, BACCARAT GAME PROGRAM AND RECORDING MEDIUM and owned by Kenichi Okujyo.  Filed April 13, 2012. 

(12)     95/001,970 (electronically filed) – U.S. Patent No. 7,296,503 entitled METHOD AND APPARATUS FOR NEUTRALIZING EXPLOSIVE DEVICES AND LANDMINES AND MOBILE UNIT FOR PERFORMING THE METHOD and owned by Alan McGrath.  Filed April 13, 2012, by U.S. Dept. Justice.  The ‘503 patent is currently the subject of a litigation styled McGrath v. United States (Case No. 11-318 (Court of Claims)). 

The following ex parte requests were filed:

(1)         90/012,244(electronically filed) – U.S. Patent No. 6,241,012 entitled METHOD AND APPARATUS FOR DELIVERING MATERIAL TO A DESIRED LOCATION and owned by Visteon Global Technologies, Inc.  Filed April 6, 2012.  

(2)         90/012,245 (electronically filed) – U.S. Patent No. 7,748,772 entitled RESILIENT AERODYNAMIC TRAILER SKIRTS and owned by Transtex. Filed April 9, 2012, by Ridge Corporation.   The ‘772 patent is currently the subject of a litigation styled Ridge Corporation v. Transtex Composite, Inc (Case No. 11-cv-840 (S.D. Oh.)).

(3)         90/012,246 (electronically filed) – U.S. Patent No. 6,400,471 entitled FLEXIBLE ARCHITECTURE FOR IMAGE PROCESSING and owned by Flashpoint Technology. Filed April 9, 2012, by HTC Corporation

(4)         90/012,247 (electronically filed) – U.S. Patent No. 7,585,680 entitled METHOD AND DEVICE FOR MONITORING MEDICATION USAGE and owned by Marshfield Clinic. Filed April 10, 2012.   The ‘680 patent is currently the subject of a litigation styled Ameritox, Ltd. v. Millennium Laboratories, Inc., (Case No. 11-cv-1722 (D. Md.))

(5)         90/012,248 (electronically filed) – U.S. Patent No. 7,785,895 entitled METHOD AND DEVICE FOR MONITORING MEDICATION USAGE and owned by Marshfield Clinic. Filed April 10, 2012.   The ‘895 patent is currently the subject of a litigation styled Ameritox, Ltd. v. Millennium Laboratories, Inc., (Case No. 11-cv-1722 (D. Md.))

(6)         90/012,249 (electronically filed) – U.S. Patent No. 5,343,445 entitled Athletic Shoe With Timing Device and owned by Eric Cherdak.  Filed April 10, 2012.  

(7)         90/012,250 (electronically filed) – U.S. Patent No. 6,908,316 entitled ELECTRICAL CONNECTOR WITH ACCURATE MEASURING BENCHMARKS and owned by Hon Hai Precision.  Filed April 11, 2012.   The ‘316 patent is currently the subject of a litigation styled Lotes Co. Ltd. v. Hon Hai Precision Indus. (Case No. 3:11-cv-1036 (N.D. Cal.)). 

(8)         90/012,251 (electronically filed) – U.S. Patent No. 7,985,414 entitled POLYURETHANES FOR OSTEOIMPLANTS and owned by Warsaw Orthopedic.  Filed April 12, 2012.  

(9)         90/012,252 (electronically filed) – U.S. Patent No. 6,565,624 entitled ALTITUDE SIMULATION METHOD AND SYSTEM and owned by Stephen Nevin.  Filed April 12, 2012.  

(10)     90/012,253 (electronically filed) – U.S. Patent No. 6,827,760 entitled METHOD AND SYSTEM FOR PROVIDING A DESIRED ATMOSPHERE WITHIN AN ENCLOSURE and owned by Stephen Nevin.  Filed April 12, 2012.  

(11)     90/012,254 (electronically filed) – U.S. Patent No. 7,018,443 entitled METHOD AND SYSTEM FOR REDUCING BODY WEIGHT IN AN ENCLOSED ATMOSPHERIC ENVIRONMENT and owned by Stephen Nevin.  Filed April 12, 2012.   

(12)     90/012,255 (electronically filed) – U.S. Patent No. 6,387,295 entitled AKALI METAL-CONTAINING NIOBATE-BASED PIEZOELECTRIC MATERIAL COMPOSITION AND A METHOD FOR PRODUCING THE SAME and owned by Toyota.  Filed April 13, 2012.  

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