Kyocera Attack on Two Scalable Display Patents, among the Post-Grant Requests Filed Week of October 1, 2012

| October 9, 2012

Last week Kyocera took advantage of the new post-grant provisions of the AIA by requesting inter partes review of two SoftView patents claiming systems for creating scalable displays of Internet content on mobile devices (see inter partes review Request Nos. (1) & (4).  SoftView has sued Kyocera and Apple, among others, in Delaware for infringement of the patents. In May 2011, Apple initiated an inter partes reexamination of one of the two patents, U.S. Patent No. 7,831,926; though a non-final rejection is pending in that reexamination, the patentability of a majority of SoftView’s ‘926 claims has been confirmed.  The PTO is likely to consider merging the new inter partes review with the earlier inter partes reexamination.  An inter partes review request of a third SoftView patent in the litigation, U.S. Patent No. 7,028,257, might be in the offing.

Inter partes review was also requested by Micron of three semiconductor patents owned by the University of Illinois.  The University and the company are involved in an infringement action in Illinois.

The following inter partes review requests were filed:

(1)           IPR2013-00004 (electronically filed) – U.S. Patent No. 7,831,926 entitled SCALABLE DISPLAY OF INTERNET CONTENT ON MOBILE DEVICES and owned by SoftView LLC.  Filed October 2, 2012 by Kyocera Corporation.  The ‘926 patent is currently the subject of a litigation styled SoftView LLC v. Apple, Inc. and AT&T Mobility (Case No. 10-389-LPS (D. Del.)).

(2)          IPR2013-00005 (electronically filed) – U.S. Patent No. 6,444,533 entitled SEMICONDUCTOR DEVICES AND METHODS FOR SAME and owned by University of Illinois.  Filed October 2, 2012 by Micron Technology, Inc.  The ‘533 patent is currently the subject of a litigation styled The Board of Trustees of the University of Illinois v. Micron Technology, Inc. (Case No. 2:11-cv-02288 (C.D. Ill.)).

(3)          IPR2013-00006 (electronically filed) – U.S. Patent No. 6,888,204 entitled SEMICONDUCTOR DEVICES AND METHODS FOR SAME and owned by University of Illinois.  Filed October 2, 2012 by Micron Technology, Inc.  The ‘204 patent is currently the subject of a litigation styled The Board of Trustees of the University of Illinois v. Micron Technology, Inc. (Case No. 2:11-cv-02288 (C.D. Ill.)).

(4)          IPR2013-00007 (electronically filed) – U.S. Patent No. 7,461,353 entitled SCALABLE DISPLAY OF INTERNET CONTENT ON MOBILE DEVICES and owned by SoftView LLC.  Filed October 2, 2012 by Kyocera Corporation.  The ‘353 patent is currently the subject of a litigation styled SoftView LLC v. Apple, Inc. and AT&T Mobility (Case No. 10-389-LPS (D. Del.)).

(5)          IPR2013-00008 (electronically filed) – U.S. Patent No. 5,872,387 entitled DEUTERIUM-TREATED SEMICONDUCTOR DEVICES and owned by University of Illinois.  Filed October 2, 2012 by Micron Technology, Inc.  The ‘387 patent is currently the subject of a litigation styled The Board of Trustees of the University of Illinois v. Micron Technology, Inc. (Case No. 2:11-cv-02288 (C.D. Ill.)).

(6)          IPR2013-00010 (electronically filed) – U.S. Patent No. 7,516,484 entitled READER ADAPTED FOR A PORTABLE COMPUTER and owned by Michael Arnouse.  Filed October 3, 2012 by Motorola Mobility LLC.  The ‘484 patent is currently the subject of a litigation styled Arnouse Digital Devices v. Motorola Mobility, Inc. (Case No. 5:11-cv-00155 (D. Vt.)).

(7)          IPR2013-00011 (electronically filed) – U.S. Patent No. 8,088,575 entitled MASSIVE PARALLEL METHOD FOR DECODING DNA AND RNA and owned by National Science Foundation.  Filed October 3, 2012 by Illumina, Inc.  The ‘575 patent is currently the subject of a litigation styled The Trustees of Columbia University in the City of New York v. Illumina, Inc. (Case No. 1:12-cv-00376-UNA (D. Del.)).

(8)          IPR2013-00012 (electronically filed) – U.S. Patent No. 6,716,830 entitled OPHTHALMIC ANTIBIOTIC COMPOSITIONS CONTAINING MOXIFLOXACIN and owned by Alcon Pharmaceuticals.  Filed October 5, 2012 by Apotex.  The ‘830 patent is currently the subject of a litigation styled Alcon Pharms. Ltd. et al. v. Apotex Inc. et al. (Case No. 12-960-SLR (D. Del.)); Alcon Pharms. Ltd. et al. v. Watson Labs, Inc. et al. (Case No. 11-293-SLR (D. Del.)); Alcon Pharms. Ltd. et al. v. Lupin Ltd. et al. (Case No. 11-587-SLR (D. Del.)); Alcon Pharms. Ltd. et al. v. Lupin Ltd. et al. (Case No. 11-973-SLR (D. Del.)).

The following ex parte requests were filed:

(1)           90/012,697 (electronically filed) – U.S. Patent No. 5,930,250 entitled COMMUNICATION SYSTEM FOR INTERACTIVE SERVICES WITH A PACKET SWITCHING INTERACTION CHANNEL OVER A NARROW-BAND CIRCUIT SWITCHING NETWORK, AS WELL AS A DEVICE FOR APPLICATION IN SUCH A COMMUNICATION SYSTEM and owned by Koninklijke KPN N.V.  Filed September 28, 2012 by LG Electronics.

(2)          90/012,698 (electronically filed) – U.S. Patent No. 8,278,351 entitled NATURAL MARINE SOURCE PHOSPHOLIPIDS COMPRISING POLYUNSATURATED FATTY ACIDS AND THEIR APPLICATIONS and owned by Neptune Technologies & Bioressources, Inc.  Filed October 02, 2012. The ‘351 patent is currently the subject of a litigation styled Neptune Technologies & Bioressources, Inc. v. Aker BioMarine ASA, et al. (Case No. 1:2012cv01252 (D. Del.)).

(3)          90/012,699 (electronically filed) – U.S. Patent No. entitled Signal Processing Apparatus and Method and owned by.  Filed October 04, 2012.

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