Inter Partes Review Sought for Honeywell Refrigerant Patent, Week of September 9, 2013

Scott Daniels and Cindy Chen | September 16, 2013

Mexichem Amanco Holding requested inter partes review of Honeywell’s U.S. Patent No. 8,444,874 (see inter partes review Request No. (1)). The ‘874 patent claims a specific tetrafluoropropene used in heat transfer systems such as refrigerators.  Such fluorocarbons are considered to be more environmentally friendly than traditional CFCs and have been the subject of intense litigation in recent years, though the ‘874 patent does not appear to be the subject of any infringement actions.

GSI Commerce Solutions requested post-grant review of a Clear With Computers patent (see CBM Request (2)).  CWC has sued 17 companies for infringement of the patent.

And Fritsch of Germany filed for ex parte reexamination of a General Mills dough cutter patent (see ex parte Request No. (1)). The two companies are in litigation over the patent in Minnesota.

The following inter partes review requests were filed:

(1)               IPR2013-00576 (electronically filed) – U.S. Patent No. 8,444,874 entitled HEAT TRANSFER METHODS USING HEAT TRANSFER COMPOSITIONS CONTAINING TRANS-1,3,3,3-TETRAFLUOROPROPENE and owned by Honeywell International, Inc. Filed September 9, 2013, by Mexichem Amanco Holding S.A. de C.V.

(2)               IPR2013-00577 (electronically filed) – U.S. Patent No. 8,381,573 entitled SOBRIETY MONITORING SYSTEM and owned by Brad Keays. Filed September 9, 2013, by Alcohol Monitoring Systems, Inc.

(3)               IPR2013-00578 (electronically filed) – U.S. Patent No. 8,231,804 entitled EVEN CARBON NUMBER PARAFFIN COMPOSITION AND METHOD OF MANUFACTURING THE SAME and owned by Syntroleum Corporation. Filed September 10, 2013, by Neste Oil Oyj.

(4)               IPR2013-00580 (electronically filed) – U.S. Design Patent No. D686,447 entitled MULTIPLE CROCK BUFFET SERVER and owned by Select Brands, Inc. Filed September 11, 2013, by Sensio, Inc. The ‘447 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.)).

(5)               IPR2013-00581 (electronically filed) – U.S. Patent No. 7,110,936 entitled SYSTEM AND METHOD FOR GENERATING AND MAINTAINING SOFTWARE CODE and owned by ComplementSoft, LLC. Filed September 12, 2013, by SAS Institute, Inc. The ‘936 patent is currently the subject matter of a litigation styled ComplementSoft, LLC v. SAS Institute, Inc. (Case No. 1:12-cv-07372 (N.D. Ill.)). The Board previously instituted inter partes review of a number of claims of the ‘936 patent (see IPR2013-00226).

(6)               IPR2013-00584 (electronically filed) – U.S. Patent No. 7,806,360 entitled CREEL MAGAZINE SUPPLY SYSTEM AND METHOD and owned by Automated Creel Systems, Inc. Filed September 9, 2013, by Shaw Industries Group, Inc. Shaw Industries previously requested an inter partes request of claims 1-21 of the ‘360 patent (see IPR2013-00132). The present petition is directed to claim 4 of the patent.

The following covered business method requests were filed:

(1)                  CBM2013-00054 (electronically filed) – U.S. Patent No. 7,908,304 entitled METHOD AND APPARATUS FOR PERFORMING COLLECTIVE VALIDATION OF CREDENTIAL INFORMATION and owned by Versata Software.  Filed August 30, 2013, by Callidus Software.  The ‘304 patent is the subject of an infringement action entitled Versata Software, Inc. v. Callidus Software,Inc., No. 1:12-cv-931-SLR (D. Del.).

(2)               CBM2013-00055 (electronically filed) – U.S. Patent No. 8,266,015 entitled INVENTORY SALES SYSTEM AND METHOD and owned by Clear With Computers.  Filed September 4, 2013, by GSI Commerce Solutions.  The ‘015 patent is the subject of 17 infringement actions entitled Clear with Computers v. Dick’s Sporting Goods, Inc. (6:12-cv-00674 (E.D. Tex)); Clear with Computers v. Mercedes-Benz USA, LLC (6:12-cv-00677 (E.D. Tex)); Clear with Computers v. The Finish Line, Inc. (6:12-cv-00675 (E.D. Tex)); Clear with Computers v. Foot Locker, Inc. (6:12-cv-00676); Clear with Computers v. Hugo Boss Fashions Inc. (6:12-cv-00867 (E.D. Tex)); Clear with Computers v. Tory Burch LLC (6:12-cv-00868 (E.D. Tex)); Clear with Computers v. MLB Advanced Media LP (6:12-cv-00951 (E.D. Tex)); Clear with Computers v. NFL Enterprises LLC (6:12-cv-00949 (E.D. Tex)); Clear with Computers v. Spanx Inc.(6:12-cv-00950); Clear with Computers v. Levi Strauss & Co. (6:12-cv-00948 (E.D. Tex)); Clear with Computers v. Helly Hansen (U.S.) Inc. (6:12-cv-00947 (E.D. Tex)); Clear with Computers v. American Eagle Outfitters Inc. (6:12-cv-00946 (E.D. Tex)); Clear with Computers v. Forty Niners Football Company LLC (6:12-cv-00945 (E.D. Tex)); Clear with Computers v. J. Crew Group Inc. (6:13-cv-00571 (E.D. Tex)); Clear with Computers v. Target Corporation (6:13-cv-00570 ) (E.D. Tex); Clear with Computers v. Buy.com Inc. (6:13-cv-00575 (E.D. Tex)); Clear with Computers v. Euromarket Designs, Inc. (6:13-cv-00574 (E.D. Tex)); Clear with Computers v. Express, Inc. (6:13-cv-00573 ) (E.D. Tex); and Clear with Computers v. Ann Inc. (6:13-cv-000576 (E.D. Tex)).

(3)               CBM2013-00056 (electronically filed) – U.S. Patent No. 7,970,674 entitled INVENTORY SALES SYSTEM AND METHOD and owned by Zillow.  Filed September 4, 2013, by Trulia.  The ’674 patent is the subject of inter partes review IPR2013-00034 and of an infringement action entitled Zillow, Inc. v. Trulia, Inc., (Case No. 2:12-cv-01549-JLR (W.D. Wash.)).

The following ex parte reexamination request was filed:

(1)               90/020,058 (electronically filed) – U.S. Patent No. 6,902,754 entitled BLUNT EDGE DOUGH CUTTER and owned by General Mills.  Filed September 5, 2013 by Fritcsch GmbH.  The ‘754 patent is the subject of an infringement action entitled General Mills v. Fritsch (Case No. 11-cv-02099 (D. Minn.)).

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