Reexamination Sought for BMW Wheel Design Patents, Week of August 5, 2013

Scott Daniels and Cindy Chen | August 12, 2013

LKQ, which describes itself as “the largest nationwide provider of alternative collision replacement parts and a leading provider of recycled engines and transmission and remanufactured engines,” has requested ex parte reexamination of three design patents that are owned by BMW and that claim “wheel and wheel cover” designs (see ex parte Request Nos. (3), (4) & (5)).  Reexamination has proven over the years to be an extremely effective weapon in the hands of design patent challengers.  It does not appear that there is a parallel infringement case.

Sony and Hewlett-Packard have requested inter partes review of an Ethernet access patent owned by Network-1 Security Solutions, Inc. (inter partes review Request No. (3)). The request is based on grounds identical to that asserted in two earlier IPR proceedings initiated by Avaya and Dell (see IPR2013-00071 and IPR2013-00385), and which the Board has already instituted.  Sony and Hewlett-Packard seek joinder with the Avaya and Dell’s IPR proceedings – they expressly state that their request for inter partes review does not alter or expand arguments that were previously presented by Avaya and Dell and that were considered by the Board.  In recent cases, the Board has not permitted joinder without such a statement by the petitioner.

The following inter partes review requests were filed:

(1)               IPR2013-00493 (electronically filed) – U.S. Patent No. 6,007,575 entitled INFLATABLE INTRALUMINAL STENT AND METHOD FOR AFFIXING SAME WITHIN THE HUMAN BODY and owned by Shaun Samuels (Inventor). Filed on August 5, 2013, by TriVascular, Inc. The ‘575 patent is currently the subject matter of a litigation styled Dr. Shaun L. W. Samuels v. Trivascular, Inc. (Case No. 3:13-cv-02261-EMC (N.D. Cal.)).

(2)               IPR2013-00494 (electronically filed) – U.S. Patent No. 7,282,186 entitled DECONTAMINATION DEVICE and owned by Inventor, but licensed exclusively to Ivera Medical Corporation. Filed on August 6, 2013, by Excelsior Medical Corporation. The ’186 patent is currently the subject matter of a litigation styled Ivera Medical Corporation v. Excelsior Medical Corporation (Case No. 13-cv-00465-H-RBB (S.D. Cal.)).

(3)               IPR2013-00495 (electronically filed) – U.S. Patent No. 6,218,930 entitled APPARATUS AND METHOD FOR REMOTELY POWERING ACCESS EQUIPMENT OVER A 10/100 SWITCHED ETHERNET NETWORK and owned by Network-1 Security Solutions, Inc. Filed on August 6, 2013, by Sony and Hewlett-Packard. The ‘930 patent is currently the subject matter of a litigation styled Network-1 Security Solutions, Inc. v. Alcatel-Lucent USA, Inc., et al. (Case No. 6:11-cv-492 (E.D. Tex.)).

(4)               IPR2013-00496 & IPR2013-00497 (electronically filed) – U.S. Patent No. 8,305,840 entitled DOWNSCAN IMAGING SONAR and owned by Navico Holding AS. Filed on August 6, 2013, by Raymarine, Inc. The ‘840 patent is currently the subject matter of a litigation styled Navico, Inc. v. Raymarine, Inc. (Case No. 4:13-cv-00251 (N.D. Okla.)). The instant petition for inter partes review supplements a previously filed petition (IPR2013-00355) directed to a different set of claims of the ‘840 patent.

(5)               IPR2013-00498 (electronically filed) – U.S. Patent No. 7,023,913 entitled DIGITAL SECURITY MULTIMEDIA SENOR and owned by e-Watch, Inc. Filed on August 7, 2013, by Mobotix Corp. The ‘913 patent is currently the subject matter of litigations styled e-Watch, Inc. v. Mobotix Corp. (Case No. 5:12-cv-00492 (W.D. Tex.)); e-Watch, Inc. v. Avigilon Corporation (Case No. 4:13-cv-347 (S.D. Tex.)); e-Watch, Inc. v. FLIR Systems, Inc. (Case No. 4:13-cv-00638 (S.D. Tex.)).

(6)               IPR2013-00499 (electronically filed) – U.S. Patent No. 7,228,429 entitled MULTIMEDIA NETWORK APPLIANCES FOR SECURITY AND SURVEILLANCE APPLICATIONS and owned by e-Watch, Inc. Filed on August 7, 2013, by Mobotix Corp. Petitioner had previously filed a request for inter partes review of the ‘429 patent (see IPR2013-00335). The ‘429 patent is currently the subject matter of litigations styled e-Watch, Inc. v. Mobotix Corp. (Case No. 5:12-cv-00492 (W.D. Tex.)); e-Watch, Inc. v. Lorex Canada Inc. and FLIR Systems, Inc. (Case No. 4:12-cv-03314 (S.D. Tex.)); e-Watch, Inc. v. ACTi Corporation, Inc. (Case No. 5:12-cv-00695 (W.D. Tex.)); e-Watch, Inc. v. Avigilon Corporation (Case No. 4:13-cv-347 (S.D. Tex.)).

(7)               IPR2013-00500 (electronically filed) – U.S. Patent No. D669,731 entitled MULTIPLE CROCK BUFFET SERVER and owned by Select Brands, Inc. Filed on August 7, 2013, by Sensio, Inc. The ‘731 patent is currently the subject matter of a litigation styled Select Brands, Inc. v. Sensio, Inc. (Case No. 13-cv-2018-KHV-GLR (D. Ka.)).

(8)               IPR2013-00501 (electronically filed) – U.S. Patent No. D675,864 entitled MULTIPLE CROCK BUFFET SERVER and owned by Select Brands, Inc. Filed on August 7, 2013, by Sensio, Inc. The ‘864 patent is currently the subject matter of a litigation styled Select Brands, Inc. v. Sensio, Inc. (Case No. 13-cv-2018-KHV-GLR (D. Ka.)).

(9)               IPR2013-00502 (electronically filed) – U.S. Patent No. 5,544,417 entitled MULTI-PURPOSE MOTOR MOUNTING SYSTEM FOR A STRING TRIMMER and owned by Black & Decker. Filed on August 9, 2013, by Positec USA, Inc.

The following ex parte requests were filed:

(1)         90/012,942 (electronically filed) – U.S. Patent No. 7,150,134 entitled FLOOR STRIP and owned by Pergo AB. Filed on August 5, 2013.

(2)         90/012,943 (electronically filed) – U.S. Patent No. 8,373,799 entitled VISUAL EFFECTS FOR VIDEO CALLS and owned by Nokia. Filed on August 7, 2013.

(3)         90/012,944 (electronically filed) – U.S. Patent No. D673,099 entitled WHEEL OR WHEEL COVER and owned by BMW. Filed on August 8, 2013, by LKQ Corporation.

(4)         90/012,945 (electronically filed) – U.S. Patent No. D677,610 entitled WHEEL OR WHEEL COVER and owned by BMW. Filed on August 8, 2013, by LKQ Corporation.

(5)         90/012,946 (electronically filed) – U.S. Patent No. D677,206 entitled WHEEL OR WHEEL COVER and owned by BMW. Filed on August 8, 2013, by LKQ Corporation.

 

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