Attack on Two Crocs Shoe Patents, Among the Reexamination Requests Filed Week of August 20, 2012

Scott Daniels | August 27, 2012

Earlier this year, Crocs sued CVS Caremark for infringement of two patents claiming certain shoe designs.  CVS has now requested reexamination of those patents (see inter partes Request Nos. (6) & (12)). 

Motorola Mobility, now owned by Google, has requested reexamination of two Intellectual Ventures patents; this is in addition to the requests Motorola filed last week against two other IV patents.  (see inter partes Request Nos. (5) & (7)).  The four IV patents are the subject of an infringement action between the companies, now pending in Delaware.

Research In Motion has requested reexamination of two MobileMedia Ideas patents related to speech signal transmission (see ex parte Request Nos. (1) & (9)).  MobileMedia is suing RIM for infringement of the patents in the Northern District of Texas.  One of the patents was originally owned by Sony and the other, by Nokia.

The increase in the number of requests filed against medical device patents continued last week, with requests being filed against Bard, Delpor, and Zoll Medical patents.

The following inter partes requests were filed:

(1)         95/002,089 (electronically filed) – U.S. Patent No. 7,785,302 entitled ACCESS PORT IDENTIFICATION SYSTEMS AND METHODS and owned by C.R. Bard.  Filed August 20, 2012 by AngioDynamics.  The ‘302 patent is currently the subject of a litigation styled C.R. Bard v. AngioDynamics (Case No. 2:12-cv-35 (D. Utah)).

(2)         95/002,090 (electronically filed) – U.S. Patent No. 7,947,022 entitled ACCESS PORT IDENTIFICATION SYSTEMS AND METHODS and owned by C.R. Bard.  Filed August 20, 2012, by AngioDynamics.  The ‘022 patent is currently the subject of a litigation styled C.R. Bard v. AngioDynamics (Case No. 2:12-cv-35 (D. Utah)).

(3)         95/002,091 (electronically filed) – U.S. Patent No. 6,225,795 entitled DISCRETE-TIME SAMPLING OF DATA FOR USE IN SWITCHING REGULATIONS and owned by Voltera Semiconductor. Filed August 20, 2012, by Infineon Technologies.  The ‘795 patent is currently the subject of a litigation styled Voltera Semiconductor v. Primarium (Case No. 08-cv-5129 (N.D. Cal.)).

(4)         95/002,092 (electronically filed) – U.S. Patent No. 7,959,615 entitled ACCESS PORT IDENTIFICATION SYSTEMS AND METHODS and owned by C.R. Bard.  Filed August 20, 2012, by AngioDynamics.  The ‘615 patent is currently the subject of a litigation styled C.R. Bard v. AngioDynamics (Case No. 2:12-cv-35 (D. Utah)).

(5)         95/002,093 (electronically filed) – U.S. Patent No. 6,557,054 entitled METHOD AND SYSTEM FOR DISTRIBUTING UPDATES BY PRESENTING DIRECTORY OF SOFTWARE AVAILABLE FOR USER INSTALLATION THAT IS NOT ALREADY INSTALLED ON USER STATION and owned by Intellectual Ventures.  Filed August 20, 2012, by Motorola Mobility.  The ‘054 patent is currently the subject of a litigation styled Intellectual Ventures v. Motorola Mobility (Case No. 11-cv-908 (D. Del.)).

(6)         95/002,094 (electronically filed) – U.S. Patent No. 6,993,858 entitled CUSTOM ARTICLE OF FOOTWEAR AND METHOD OF MAKING THE SAME and owned by Crocs.  Filed August 21, 2012, likely by CVS Caremark.  The ‘858 patent is currently the subject of a litigation styled Crocs v. CVS Caremark (Case No. 1:12-cv-2096 (D. Colo.)).

(7)         95/002,095 (electronically filed) – U.S. Patent No. 6,658,464 entitled USER STATION SOFTWARE THAT CONTROLS TRANSPORT, STORAGE, AND PRESENTATION OF CONTENT FROM A REMOTE SOURCE and owned by Intellectual Ventures I.  Filed August 21, 2012, by Motorola Mobility.  The ‘464 patent is currently the subject of a litigation styled Intellectual Ventures I v. Motorola Mobility (Case No. 11-cv-908 (D. Del.)).

(8)         95/002,096 (electronically filed) – U.S. Patent No. 8,020,765 entitled METHOD OF PRINTING, DISTRIBUTING AND PLACING PRICE INFORMATION and owned by Grandville Printing.  Filed August 22, 2012, by Vestcom International.

(9)         95/002,097 (electronically filed) – U.S. Patent No. 7,853,881 entitled MULTI-USER ONLINE REAL-TIME VIRTUAL SOCIAL NETWORKS BASED UPON COMMUNITIES OF INTEREST FOR ENTERTAINMENT, INFORMATION OR E-COMMERCE PURPOSES and owned by Real Time Social Inventions.  Filed August 22, 2012, by Facebook, Salesforce, Oracle, Rockmelt, CMI Marketing, Meebo (owned by Google), Conduit, Glam Media and Ning.  The ‘881 patent is currently the subject of eight infringement actions.

(10)     95/002,098 (electronically filed) – U.S. Patent No. 8,133,102 entitled METHOD AND APPARATUS FOR MODIFYING GAMING MACHINES TO PROVIDE SUPPLEMENTAL OR MODIFIED FUNCTIONALITY and owned by Gaming Technology Group.  Filed August 24, 2012.

(11)     95/002,099 (electronically filed) – U.S. Patent No. 7,955,614 entitled MICROFABRICATED NANOPORE DEVICE FOR SUSTAINED RELEASE OF THERAPEUTIC AGENT and owned by Delpor.  Filed August 24, 2012, by NanoPrecision Medical.

(12)     95/002,100 (electronically filed) – U.S. Patent No. D517,789 entitled FOOTWEAR and owned by Crocs.  Filed August 24, 2012, likely by CVS Caremark.  The ‘789 patent is currently the subject of a litigation styled Crocs v. CVS Caremark (Case No. 1:12-cv-2096 (D. Colo.)).

(13)     95/002,101 (electronically filed) – U.S. Patent No. 6,991,666 entitled COLLECTING CHAMBER FOR A VACUUM CLEANER and owned by Dyson Technology.  Filed August 24, 2012, likely by LG.  The ‘666 patent is currently the subject of a litigation styled Dyson Technology v. LG (Case No. 1:11-cv-7860 (N.D. Ill.)).

(14)     95/002,102 (electronically filed) – U.S. Patent No. 7,600,292 entitled SURFACE TREATING APPLIANCE and owned by Dyson Technology.  Filed August 24, 2012.

The following ex parte requests were filed:

(1)         90/012,442 (electronically filed) – U.S. Patent No. 5,732,390 entitled SPEECH SIGNAL TRANSMITTING AND RECEIVING APPARATUS WITH NOISE SENSITIVITY VOLUME CONTROL and owned by MobileMedia Ideas.  Filed August 21, 2012, by Research In Motion.  The ‘390 patent is currently the subject of a litigation styled Mobilemedia Ideas v. Research In Motion (Case No. 2:10-cv-113 (E.D. Tex.)).

(2)         90/012,443 (electronically filed) – U.S. Patent No. 7,458,433 entitled ELECTRIC MOTOR AND GEAR DRIVE ASSEMBLY FOR DRIVING A VEHICLE WHEEL and owned by ArvinMeritor.  Filed August 21, 2012.

(3)         90/012,444 (electronically filed) – U.S. Patent No. 7,220,235 entitled METHOD AND APPARATUS FOR ENHANCEMENT OF CHEST COMPRESSIONS DURING CPR and owned by Zoll Medical.  Filed August 21, 2012.

(4)         90/012,445 (electronically filed) – U.S. Patent No. 6,397,419 entitled SYSTEM AND METHOD FOR SLEEP SURFACE ADJUSTMENT and owned by Select Comfort.  Filed August 22, 2012, perhaps by The Sleep Better Store.  The ‘419 patent is currently the subject of a litigation styled Select Comfort v. The Sleep Better Store (Case No. 12-cv-1148 (D. Minn.)).

(5)         90/012,446 (electronically filed) – U.S. Patent No. 7,626,834 entitled DOUBLE ENDED CONVERTER WITH OUTPUT SYNCHRONOUS RECTIFIER AND AUXILIARY INPUT REGULATOR and owned by Enecsys.  Filed August 22, 2012.

(6)         90/012,447 (electronically filed) – U.S. Patent No. 6,887,114 entitled ELECTRICAL CONNECTOR WITH HIGH PERFORMANCE CONTACTS and owned by Hon Hai Precision.  Filed August 22, 2012.

(7)         90/012,448 (electronically filed) – U.S. Patent No. 7,556,503 entitled COMPLIANT ELECTRICAL CONTACT AND ASSEMBLY and owned by Ardent Concepts.  Filed August 23, 2012.

(8)         90/012,449 (electronically filed) – U.S. Patent No. 7,248,181 entitled AUTOMATED METER READING SYSTEM and owned by ICH Intellectual Capital Holdings.  Filed August 23, 2012, by Badger Meter.  The ‘181 patent is currently the subject of a litigation styled ICH Intellectual Capital Holdings v. Badger Meter et al. (Case No. 6:11-cv-468 (E.D. Tex.)).

(9)         90/012,450 (electronically filed) – U.S. Patent No. 6,055,439 entitled MOBILE TELEPHONE USER INTERFACE and owned by MobileMedia Ideas. Filed August 23, 2012, perhaps by Research In Motion.   The ‘439 patent is currently the subject of a litigation styled MobileMedia Ideas v. Research In Motion et al (Case N0. 3:11-cv-2353 (N.D. Tex.)).

(10)     90/012,451 (electronically filed) – U.S. Patent No. 8,025,731 entitled GAS INJECTION SYSTEM FOR PLASMA PROCESSING and owned by Lam Research. Filed August 24, 2012, by Owner.

(11)     90/012,452 (electronically filed) – U.S. Patent No. 6,153,096 entitled SHROUD FOR BOTTLE MOUNTED FILTERS and owned by Pure Water Global.  Filed August 24, 2012.

(12)     90/012,453 (electronically filed) – U.S. Patent No. 5,609,759 entitled BOTTLE FILTER CAP and owned by Pure Water Global.  Filed August 24, 2012.

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