Featured Posts
- Facebook Loses Reexaminations of Pragmatus’ Patents
- How is Reexamination Treating Round Rock Research?
- Reexamination has not Saved Apple against MobileMedia Patents, So Far
- What is an “Involved Application” in IPR Practice?
- Apple Victorious over Affinity Labs of Texas’ Portable Audio Player Patent
- Think IP Strategy Offers 2011 News Almanac
- An Update on Oracle’s Infringement Case against Google
- PTO Requests Public Comment on Proposed Rules for AIA Post-Issuance Proceedings
- Microsoft-i4i, Oracle-Google & VirnetX-Apple-Cisco Updates
- Oracle Patent to Emerge from Reexamination
- VirnetX again Sues for Infringement, and again Faces Reexaminations
- How Strong are Google’s Requests for Reexamination of the Lodsys Patents?
- PTO Board Sides with NVIDIA on Two Rambus “Barth I” Patents
- Oracle ‘520 Moves toward Confirmation in Reexamination
- Google Gets Mixed Result against Oracle’s Seventh Patent
- Did Google Request Reexamination of Lodsys Patents?
- Two Updates
- Oracle v. Google Android® Update
- Rambus Wins Limited Exclusion Order at ITC against NVIDIA, despite Pending Reexaminations
- 最初が肝心：不備のない再審査請求書を作成するために
- That’s My Patent You’re Reexamining…
- “Why Wait for Oppositions?” by Scott Daniels, 47 IDEA 343 (Law Review of Franklin Pierce Law School)
- The Basics
Noteworthy Links
- "The Interplay between Reexaminations, Preliminary Injunctions and Stays of Litigation" - by Dennis Crouch at PATENTLYO.COM
Favorite Patent Blogs
- All Things Pros
- CAFC Alert
- FDA Law Blog
- IPWatchdog
- Patent Docs
- Patently-O
- PLI Patent Law Practice Center
- Think IP Strategy
- US Patent Post-Grant Opposition
Recent Requests
PTO Statistics
Toyota Goes After David Breed Auto-Monitoring Patents, Week of July 8, 2013
| July 15, 2013
American Vehicular Sciences (AVS) has filed patent infringement actions in June 2012 against numerous automobile makers, including two cases against Toyota in the Eastern District of Texas. Last week Toyota struck back, requesting inter partes review of eleven AVS patents (see inter partes review Request No. (1) to (11)). The patents all name David Breed as the inventor and all claim systems for monitoring functions in automobiles, essentially to identify and diagnose problems with those functions. Other auto-makers sued by AVS are BMW, Honda, Hyundai, Kia, and Mercedes. AVS is a subsidiary of Acacia Research Corporation. In February, Acacia reported that in its fiscal year 2012 it had acquired control of 55 patent portfolios and that it had revenues of $250,727,000.
The following inter partes review requests were filed:
(1) IPR2013-00412 & IPR2013-00413 (electronically filed) – U.S. Patent No. 6,738,697 entitled TELEMATICS SYSTEM FOR VEHICLE DIAGNOSTICS and owned by American Vehicular Sciences, LLC. Filed July 8, 2013 by Toyota. The ‘697 patent is currently the subject matter of litigations styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 6:12-CV-405 (E.D. Tex.)); American Vehicular Sciences LLC v. BMW Grp. A/K/A BMW AG et al. (Case No. 6:12-CV-412 (E.D. Tex.)); American Vehicular Sciences LLC v. Hyundai Motor Co. et al. (Case No. 6:12-CV-776 (E.D. Tex.)); American Vehicular Sciences LLC v. Kia Motors Corp. (Case No. 6:13-CV-148 (E.D. Tex.)); American Vehicular Sciences LLC v. American Honda Motor Co., Inc. et al. (Case No. 6:13-CV-226 (E.D. Tex.)); and American Vehicular Sciences LLC v. Mercedes-Benz U.S. Int’l Inc. (Case No. 6:13-CV-310 (E.D. Tex.)).
(2) IPR2013-00414 (electronically filed) – U.S. Patent No. 7,630,802 entitled INFORMATION MANAGEMENT AND MONITORING SYSTEM AND METHOD and owned by American Vehicular Sciences, LLC. Filed July 8, 2013 by Toyota. The ‘802 patent is currently the subject matter of a litigation styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 6:12-CV-405 (E.D. Tex.)). The ‘802 patent is also asserted in separate litigations against BMW, Honda, Hyundai, Kia, and Mercedes.
(3) IPR2013-00415 (electronically filed) – U.S. Patent No. 7,650,210 entitled REMOTE VEHICLE DIAGNOSTIC MANAGEMENT and owned by American Vehicular Sciences, LLC. Filed July 8, 2013 by Toyota. The ‘210 patent is currently the subject matter of litigations styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 6:12-CV-405 (E.D. Tex.)); American Vehicular Sciences LLC v. BMW Grp. A/K/A BMW AG et al. (Case No. 6:12-CV-412 (E.D. Tex.)); American Vehicular Sciences LLC v. Hyundai Motor Co. et al. (Case No. 6:12-CV-776 (E.D. Tex.)); American Vehicular Sciences LLC v. Kia Motors Corp. (Case No. 6:13-CV-148 (E.D. Tex.)); and American Vehicular Sciences LLC v. American Honda Motor Co., Inc. et al. (Case No. 6:13-CV-226 (E.D. Tex.)).
(4) IPR2013-00416 (electronically filed) – U.S. Patent No. 8,019,501 entitled VEHICLE DIAGNOSTIC AND PROGNOSTIC METHODS AND SYSTEMS and owned by American Vehicular Sciences, LLC. Filed July 8, 2013 by Toyota. The ‘501 patent is currently the subject matter of litigations styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 6:12-CV-405 (E.D. Tex.)); American Vehicular Sciences LLC v. BMW Grp. A/K/A BMW AG et al. (Case No. 6:12-CV-412 (E.D. Tex.)); American Vehicular Sciences LLC v. Hyundai Motor Co. et al. (Case No. 6:12-CV-776 (E.D. Tex.)); and American Vehicular Sciences LLC v. Kia Motors Corp. (Case No. 6:13-CV-148 (E.D. Tex.)).
(5) IPR2013-00417 (electronically filed) – U.S. Patent No. 8,036,788 entitled VEHICLE DIAGNOSTIC OR PROGNOSTIC MESSAGE TRANSMISSION SYSTEMS AND METHODS and owned by American Vehicular Sciences, LLC. Filed July 8, 2013 by Toyota. The ‘788 patent is currently the subject matter of litigations styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 6:12-CV-405 (E.D. Tex.)); American Vehicular Sciences LLC v. BMW Grp. A/K/A BMW AG et al. (Case No. 6:12-CV-412 (E.D. Tex.)); American Vehicular Sciences LLC v. Hyundai Motor Co. et al. (Case No. 6:12-CV-776 (E.D. Tex.)); American Vehicular Sciences LLC v. Kia Motors Corp. (Case No. 6:13-CV-148 (E.D. Tex.)); and American Vehicular Sciences LLC v. American Honda Motor Co., Inc. et al. (Case No. 6:13-CV-226 (E.D. Tex.)).
(6) IPR2013-00419 (electronically filed) – U.S. Patent No. 6,772,057 entitled VEHICULAR MONITORING SYSTEMS USING IMAGE PROCESSING and owned by American Vehicular Sciences, LLC. Filed July 12, 2013 by Toyota. The ‘057 patent is currently the subject matter of litigations styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 12-CV-410 (E.D. Tex.)); American Vehicular Sciences LLC v. BMW Group, et al. (Case No. 12-CV-415 (E.D. Tex.)); American Vehicular Sciences LLC v. Subaru of America, Inc. (Case No. 13-CV-230 (E.D. Tex.)); and American Vehicular Sciences LLC v. Mercedes-Benz U.S. International, Inc., et al. (Case No. 13-CV-309 (E.D. Tex.)).
(7) IPR2013-00420 (electronically filed) – U.S. Patent No. 7,202,776 entitled METHOD AND SYSTEM FOR DETECTING OBJECTS EXTERNAL TO A VEHICLE and owned by American Vehicular Sciences, LLC. Filed July 12, 2013 by Toyota. The ‘776 patent is currently the subject matter of litigations styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 12-CV-410 (E.D. Tex.)); and American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 6:12-CV-406 (E.D. Tex.)).
(8) IPR2013-00421 (electronically filed) – U.S. Patent No. 7,359,782 entitled VEHICLE IMPACT REACTIVE SYSTEM AND METHOD and owned by American Vehicular Sciences, LLC. Filed July 12, 2013 by Toyota. The ‘782 patent is currently the subject matter of litigations styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 12-CV-410 (E.D. Tex.)); American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 6:12-CV-406 (E.D. Tex.)); American Vehicular Sciences LLC v. BMW Group, et al. (Case No. 12-CV-415 (E.D. Tex.)); and American Vehicular Sciences LLC v. Subaru of America, Inc. (Case No. 13-CV-230 (E.D. Tex.)).
(9) IPR2013-00422 (electronically filed) – U.S. Patent No. 7,783,403 entitled SYSTEM AND METHOD FOR PREVENTING VEHICULAR ACCIDENTS and owned by American Vehicular Sciences, LLC. Filed July 12, 2013 by Toyota. The ‘403 patent is currently the subject matter of litigations styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 12-CV-410 (E.D. Tex.)); and American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 6:12-CV-406 (E.D. Tex.)).
(10) IPR2013-00423 (electronically filed) – U.S. Patent No. 8,041,483 entitled EXTERIOR AIRBAG DEPLOYMENT TECHNIQUES and owned by American Vehicular Sciences, LLC. Filed July 12, 2013 by Toyota. The ‘483 patent is currently the subject matter of litigations styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 12-CV-410 (E.D. Tex.)); American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 6:12-CV-406 (E.D. Tex.)); and Vehicular Sciences LLC v. American Honda Motor Co., Inc., et al. (Case No. 13-CV-228 (E.D. Tex.)).
(11) IPR2013-00424 (electronically filed) – U.S. Patent No. 5,845,000 entitled OPTICAL IDENTIFICATION AND MONITORING SYSTEM USING PATTERN RECOGNITION FOR USE WITH VEHICLES and owned by American Vehicular Sciences, LLC. Filed July 12, 2013 by Toyota. The ‘000 patent is currently the subject matter of litigations styled American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 12-CV-410 (E.D. Tex.)); American Vehicular Sciences LLC v. Toyota Motor Corp., et al. (Case No. 6:12-CV-406 (E.D. Tex.)); American Vehicular Sciences LLC v. Mercedes-Benz U.S. International, Inc., et al. (Case No. 13-CV-308 (E.D. Tex.)); and American Vehicular Sciences LLC v. BMW Group (Case No. 12-CV-413 (E.D. Tex.))
(12) IPR2013-00431 (electronically filed) – U.S. Patent No. 7,921,186 entitled NETWORKED SYSTEM FOR INTERACTIVE COMMUNICATION AND REMOTE MONITORING OF INDIVIDUALS and owned by Health Hero Network, Inc. Filed July 12, 2013 by Cardiocom LLC. The ‘186 patent is currently the subject matter of a litigation styled Robert Bosch Healthcare Systems v. Cardiocom, LLC and Abbott Diabetes Care (Case No. 2:13-cv-349 (E.D. Tex.)). Five other patents (U.S. Patent Nos. 7,516,192; 7,587,469; 7,769,605; 7,840,420; and 7,870,249) are asserted in the same litigation.
(13) IPR2013-00432 (electronically filed) – U.S. Patent No. 6,624,843 entitled CUSTOMER IMAGE CAPTURE AND USE THEREOF IN A RETAILING SYSTEM and owned by Lennon Image Technologies, LLC. Filed July 10, 2013 by Lumondi Inc. d/b/a Luminox Watch Company. The ‘843 patent is currently the subject matter of a number of litigations including Lennon Image Techs., LLC v. Lumondi Inc. d/b/a Luminox Watch Company (Case No. 2:13-cv-238 (E.D. Tex.)); Lennon Image Techs., LLC v. Macys, Inc., et al. (Case No. 2:13-cv-235 (E.D. Tex.)); Lennon Image Techs., LLC v. Luxottica Retail N.A. Inc., et al. (Case No. 2:13-cv-239 (E.D. Tex.)); and at least six other litigations.
(14) IPR2013-00433 (electronically filed) – U.S. Patent No. 8,294,677 entitled TRANSPARENT CAPACITIVE TOUCH PANEL AND MANUFACTURING METHOD THEREOF and owned by Wintek Corporation. Filed July 10, 2013 by TPK America, LLC.
(15) IPR2013-00435 (electronically filed) – U.S. Patent No. 8,449,289 entitled A MULTI-GAS APPLIANCE and owned by Coprecitec, S.L. Filed July 10, 2013 by The Brinkmann Corporation. The ‘289 patent is currently the subject matter of a litigation styled Coprecitec, S.L., et al. v. The Brinkmann Corporation (Case No. 1:13-cv-01781-AT (N.D.Ga.)).
(16) IPR2013-00436 (electronically filed) – U.S. Patent No. 8,330,738 entitled CAPACITIVE TOUCH PANEL AND ELECTRODE STRUCTURE THEREOF and owned by Wintek Corporation. Filed July 10, 2013 by TPK America, LLC.
(17) IPR2013-00438 (electronically filed) – U.S. Patent No. 5,894,017 entitled DELIVERY SYSTEM FOR AN ORAL CARE SUBSTANCE USING A STRIP OF MATERIAL HAVING LOW FLEXURAL STIFFNESS and owned by Procter & Gamble. Filed July 12, 2013 by Clio USA, Inc. The ‘017 patent is currently the subject matter of a litigation styled Procter & Gamble Company v. Team Technologies, Inc., et al. (Case No. 1:12-cv-00552-TSB (S.D. Ohio)). The litigation involves two other patents (U.S. Patent No. 5,891,453 and 7,122,199), for which Clio is also requesting inter partes review.
(18) IPR2013-00439 (electronically filed) – U.S. Patent No. 7,769,605 entitled MULTIPLE PATIENT MONITORING SYSTEM FOR PROACTIVE HEALTH MANAGEMENT and owned by Health Hero Network, Inc. Filed July 12, 2013 by Cardiocom LLC. The ‘605 patent is currently the subject matter of a litigation styled Robert Bosch Healthcare Systems v. Cardiocom, LLC and Abbott Diabetes Care (Case No. 2:13-cv-349 (E.D. Tex.)).
(19) IPR2013-00440 (electronically filed) – U.S. Patent No. 6,948,021 entitled CLUSTER COMPONENT NETWORK APPLIANCE SYSTEM AND METHOD FOR ENHANCING FAULT TOLERANCE AND HOT-SWAPPING and owned by Accleron. Filed July 12, 2013 by Dell. The ’021 Patent is involved in the pending lawsuit entitled Acceleron, LLC v. Hitachi Data Systems Corp., No. 1:12-cv-02996 (N.D. Ga.), and the pending lawsuit entitled Acceleron, LLC v. Dell, Inc., No. 1:12-cv-04123-TCB (N.D. Ga.).
The following ex parte requests were filed:
(1) 90/012,915 (electronically filed) – U.S. Patent No. 7,559,414 entitled SYMMETRIC MASTER CYLINDER LEVER FOR A HYDRAULIC DISC BRAKE and owned by Sram LLC. Filed on July 9, 2013 by Shimano, Inc.
(2) 90/012,916 (electronically filed) – U.S. Patent No. 8,466,187 entitled AMINO ACID COMPOSITIONS and owned by ThermoLife International, LLC. Filed on July 9, 2013 by ThermoLife International, LLC. The ‘187 patent is currently the subject matter of a litigation styled John’s Lone Star Distribution, Inc. d/b/a Lone Star Distributions and Purus Labs, Inc. v. ThermoLife International, LLC (Case No. 1:13-cv-01857-SCJ (N.D.Ga.)); ThermoLife International, LLC v. Optimum Nutrition, Inc. (Case No. 2:13-cv-04535-PA-SS (C.D. Cal.)). ThermoLife International has also asserted the ‘187 patent against a number of defendants in at least four other ongoing litigations in the Central District of California.
