Apple, Twitter & Facebook Target Computer Query Patents, Week of October 21, 2013

Scott Daniels | October 28, 2013

Late last year, Evolutionary Intelligence began a series of actions against the who’s-who of American social media companies, notably Apple, Facebook, Foursquare Labs, Groupon, Living Social, Millennial Media, Sprint Nextel, Twitter, and Yelp, accusing them of infringing two patents that claim systems and methods for searching for information on a computer.  Last week, Apple struck back, filing two requests for inter partes review of one of the patents, and four requests against the other (see inter partes review Request Nos. (4) & (6)).  Such multiple requests against a single patent have become a preferred tactic for companies like Apple to overcome the PTO’s 60-page limit on requests.  Facebook and Twitter filed their requests against one of Evolutionary’s patents (see inter partes review Request Nos. (12) & (13)).  It is quite likely that the Patent Office will consolidate these matters.

Veeam Software was the leader, at least in terms of the number of patents challenged, filing inter partes requests against four Symantec patents (see inter partes review Request Nos. (8) to (11)).  Symantec has sued Veeam for infringement of the patents.

And the enthusiasm for seeking post-grant review against business method patents claiming financial systems continued last week with four new requests (see post-grant review Request Nos. (1) to (4)). 

The following inter partes review requests were filed:

(1)               IPR2014-00075 & IPR2014-00076 (electronically filed) – U.S. Patent No. 8,016,767 entitled SURGICAL ACCESS SYSTEM AND RELATED METHODS and owned by NuVasive, Inc. Filed October 21, 2013, by Medtronic, Inc. The ‘767 patent is currently the subject matter of a litigation styled Warsaw Orthopedic Inc., et al. v. Medtronic, Inc. (Case No. 3:12-cv-02738-CAB-MDD (S.D. Cal.)).

(2)                IPR2014-00077 (electronically filed) – U.S. Patent No. 7,177,798 entitled NATURAL LANGUAGE INTERFACE USING CONSTRAINED INTERMEDIATE DICTIONARY OF RESULTS and owned by Rensselaer Polytechnic Institute. Filed October 21, 2013, by Apple. The ‘798 patent is currently the subject matter of a litigation styled Rensselaer Polytechnic Institute and Dynamic Advances, LLC v. Apple Inc. (Case No. 1:13-cv-00633-DNH-DEP (N.D.N.Y.)).

(3)               IPR2014-00078 (electronically filed) – U.S. Patent No. 6,953,703 entitled METHOD OF MAKING A SEMICONDUCTOR DEVICE WITH EXPOSURE OF SAPPHIRE SUBSTRATE TO ACTIVATED NITROGEN and owned by Boston University. Filed October 22, 2013, by Samsung Electronics Co., Ltd. The ‘703 patent is currently the subject matter of litigations styled Trustees of Boston University v. Seoul Semiconductor Co. (Case No. 1:12-cv-11938 (D. Mass); and Trustees of Boston University v. Samsung Electronics Co., Ltd. (Case No. 1:13-cv-10659 (D. Mass.)).

(4)               IPR2014-00079 & IPR2014-00080 (electronically filed) – U.S. Patent No. 7,702,682 entitled SYSTEM AND METHOD FOR CREATING AND MANIPULATING INFORMATION CONTAINERS WITH DYNAMIC REGISTERS and owned by Evolutionary Intelligence, LLC. Filed October 22, 2013, by Apple. Evolutionary Intelligence asserted the ‘682 patent in nine patent infringement actions in the Northern District of California against alleged infringers, Apple (Case No. 3:13-cv-04201-LB; Case No. 6:12-00783-MHS-CMC); Facebook (Case No. 6:12-cv-00784-MHS-CMC); Foursquare Labs (Case No. 6:12-cv-00785-MHS-CMC); Groupon (Case No. 6:12-cv-00787-MHS-CMC); LivingSocial (Case No. 6:12-cv-00789-MHS-CMC); Millennial Media (Case No. 6:12-cv-00790-MHS-CMC); Sprint Nextel (Case No. 6:12-cv-00791-MHS-CMC); Twitter (Case No. 6:12-cv-00792-MHS-CMC); and Yelp (Case No. 6:12-cv-00794-MHS-CMC).

(5)               IPR2014-00081 IPR2014-00087 (electronically filed) – U.S. Patent No. 8,005,535 entitled SYSTEM AND METHOD FOR PERFORMING SURGICAL PROCEDURES AND ASSESSMENTS and owned by NuVasive, Inc. Filed October 22, 2013, by Medtronic, Inc. The ‘535 patent is currently the subject matter of a litigation styled Warsaw Orthopedic Inc., et al. v. Medtronic, Inc. (Case No. 3:12-cv-02738-CAB-MDD (S.D. Cal.)).

(6)               IPR2014-00082, IPR2014-00083, IPR2014-00085 & IPR2014-00086  (electronically filed) – U.S. Patent No. 7,010,536 entitled SYSTEM AND METHOD FOR CREATING AND MANIPULATING INFORMATION CONTAINERS WITH DYNAMIC REGISTERS and owned by Evolutionary Intelligence, LLC. Filed October 22, 2013, by Apple. The ‘536 patent is currently the subject matter of nine patent infringement litigations against alleged infringers, Apple (Case No. 13-cv-04201-WHA (N.D. Cal.)); Facebook (Case No. 13-cv-04202 (N.D. Cal.)); Foursquare Labs (Case No. 13-cv-04203 (N.D. Cal.)); Groupon (Case No. 13-cv-04204 (N.D. Cal.)); LivingSocial (Case No. 13-cv-04205 (N.D. Cal.)); Twitter (Case No. 13-cv-04207 (N.D. Cal.)); Sprint Nextel Corporation (Case No. 13-cv-04513 (N.D. Cal.)); Yelp (Case No. 13-cv-03587 (N.D. Cal.)); and Millennial Media (Case No. 13-cv-04206 (N.D. Cal.)).

(7)               IPR2014-00084 (electronically filed) – U.S. Patent No. 8,361,235 entitled LOW-VISCOSITY REDUCED-SUGAR SYRUP, METHODS OF MAKING, AND APPLICATIONS THEREOF and owned by Cargill, Inc. Filed October 22, 2013, by Tate & Lyle Americas LLC.

(8)               IPR2014-00088 (electronically filed) – U.S. Patent No. 7,480,822 entitled RECOVERY AND OPERATION OF CAPTURED RUNNING STATES FROM MULTIPLE COMPUTING SYSTEMS ON A SINGLE COMPUTING SYSTEM and owned by Symantec Corporation. Filed October 22, 2013, by Veeam Software Corporation. The ‘822 patent is currently the subject of a patent infringement litigation styled Symantec Corporation v. Veeam Software Corporation (Case No. 3:12-cv-00700-SI (N.D. Cal.)).

(9)               IPR2014-00089 (electronically filed) – U.S. Patent No. 7,831,861 entitled TECHNIQUES FOR EFFICIENT RESTORATION OF GRANULAR APPLICATION DATA and owned by Symantec Corporation. Filed October 22, 2013, by Veeam Software Corporation. The ‘861 patent is currently the subject of a patent infringement litigation styled Symantec Corporation v. Veeam Software Corporation (Case No. 3:12-cv-01035 (N.D. Cal.)).

(10)           IPR2014-00090 (electronically filed) – U.S. Patent No. 7,024,527 entitled DATA RESTORE MECHANISM and owned by Symantec Corporation. Filed October 22, 2013, by Veeam Software Corporation. The ‘527 patent is currently the subject of a patent infringement litigation styled Symantec Corporation v. Veeam Software Corporation (Case No. 3:12-cv-00700-SI (N.D. Cal.)).

(11)           IPR2014-00091 (electronically filed) – U.S. Patent No. 8,117,168 entitled METHODS AND SYSTEMS FOR CREATING AND MANAGING BACKUPS USING VIRTUAL DISKS and owned by Symantec Corporation. Filed October 22, 2013, by Veeam Software Corporation. The ‘168 patent is currently the subject of a patent infringement litigation styled Symantec Corporation v. Veeam Software Corporation (Case No. 3:12-cv-005443 (N.D. Cal.)).

(12)           IPR2014-00092 (electronically filed) – U.S. Patent No. 7,010,536 entitled SYSTEM AND METHOD FOR CREATING AND MANIPULATING INFORMATION CONTAINERS WITH DYNAMIC REGISTERS and owned by Evolutionary Intelligence, LLC. Filed October 23, 2013, by Twitter, Inc. The ‘536 patent is currently the subject matter of nine patent infringement litigations against alleged infringers, Twitter (Case No. 13-cv-04207 (N.D. Cal.)); Apple (Case No. 13-cv-04201 (N.D. Cal.)); Foursquare Labs (Case No. 13-cv-04203 (N.D. Cal.)); Groupon (Case No. 13-cv-04204 (N.D. Cal.)); LivingSocial (Case No. 13-cv-04205 (N.D. Cal.)); Facebook (Case No. 13-cv-04202 (N.D. Cal.)); Sprint Nextel Corporation (Case No. 13-cv-04513 (N.D. Cal.)); Yelp (Case No. 13-cv-03587 (N.D. Cal.)); and Millennial Media (Case No. 13-cv-04206 (N.D. Cal.)).

(13)           IPR2014-00093 (electronically filed) – U.S. Patent No. 7,010,536 entitled SYSTEM AND METHOD FOR CREATING AND MANIPULATING INFORMATION CONTAINERS WITH DYNAMIC REGISTERS and owned by Evolutionary Intelligence, LLC. Filed October 23, 2013, by Facebook, Inc. The ‘536 patent is currently the subject matter of nine patent infringement litigations against alleged infringers, Facebook (Case No. 13-cv-04202 (N.D. Cal.)); Apple (Case No. 13-cv-04201 (N.D. Cal.)); Foursquare Labs (Case No. 13-cv-04203 (N.D. Cal.)); Groupon (Case No. 13-cv-04204 (N.D. Cal.)); LivingSocial (Case No. 13-cv-04205 (N.D. Cal.)); Twitter (Case No. 13-cv-04207 (N.D. Cal.)); Sprint Nextel Corporation (Case No. 13-cv-04513 (N.D. Cal.)); Yelp (Case No. 13-cv-03587 (N.D. Cal.)); and Millennial Media (Case No. 13-cv-04206 (N.D. Cal.)).

(14)           IPR2014-00094 (electronically filed) – U.S. Patent No. 8,490,043 entitled STAMDARD CELLS HAVING TRANSISTORS ANNOTATED FOR GATE-LENGTH BIASING and owned by Tela Innovations, Inc. Filed October 24, 2013, by Taiwan Semiconductor Manufacturing Company, Ltd.

(15)           IPR2014-00095 (electronically filed) – U.S. Patent No. 6,483,080 entitled FAIL SAFE DEVICE FOR INCUBATOR AIR WARMER and owned by Draeger Medical Systems, Inc. Filed October 25, 2013, by Atom Medical International, Inc. The ‘080 patent is currently the subject of patent infringement litigations styled Draegar Medical Systems, Inc. v. Atom Medical International, Inc. and Philips Electronics North America Corporation d/b/a Philips Healthcare (Case No. 2:12-cv-00512-UA-DNF (M.D. Fla.)); Certain Thermal Support Devices, Infant Incubators, Infant Warmers, and Components Thereof (Inv. No. 337-TA-896 (USITC)).

The following requests for covered business method post-grant review were filed:

(1)       CBM2014-00018 (electronically filed) – U.S. Patent No. 8,037,158 entitled MULTIMEDIA TRANSACTIONAL SERVICES owned by Pi-Net International, Inc. Filed October 21, 2013 by SAP America. Pi-Net International has asserted the ‘158 patent against a number of alleged infringers in litigations in the District of Delaware and the Central and Northern District of California, including Bank of America (Case No. 1:12-cv-00280 (D. Del.)); JP Morgan Chase & Co. (Case No. 1:12-cv-00282 (D. Del.)); 1st Valley Credit Union (Case No. 5:12-cv-01989 (C.D. Cal.)); and San Jose Credit Union (Case No. 4:12-cv-05732 (N.D. Cal.)).

(2)       CBM2014-00019 (electronically filed) – U.S. Patent No. 7,490,091 entitled METASEARCHING A CLIENT’S REQUEST FOR DISPLAYING AT LEAST ONE LIST COMPRISING AT LEAST ONE ADVERTISEMENT ON THE CLIENT owned by Metasearch Systems, LLC. Filed October 22, 2013, jointly by American Express Company, Expedia, Orbitz, Priceline, Travelocity, and Yahoo!. The ‘091 patent is currently the subject matter of a patent infringement litigation styled Metasearch Systems, LLC v. America Express Company, et al. (Case No. 1:12-cv-01225-UNA (D. Del.)). Metasearch Systems has also asserted the ‘091 patent against other alleged infringers, including Orbitz (Case No. 1:12-cv-01190-UNA); Priceline (Case No. 1:12-cv-01191); Travelocity (Case No. 1:12-cv-01189); and Yahoo! (Case No. 1:12-cv-01223)

(3)       CBM2014-00020 (electronically filed) – U.S. Patent No. 6,032,137 entitled REMOTE IMAGE CAPTURE WITH CENTRALIZED PROCESSING AND STORAGE owned by DataTreasury Corporation. Filed October 25, 2013 by Fidelity National Information. DataTreasury asserted the ‘137 patent in three litigations, which are currently pending in the Eastern District of Texas, against Fiserv, Inc. (Case No. 2:13-cv-00431); Jack Henry & Associates, Inc., et al. (Case No. 2:13-cv-00433); and Fidelity National Information Services, Inc., et al. (Case No. 2:13-cv-00432).

(4)       CBM2014-00020 (electronically filed) – U.S. Patent No. 5,910,988 entitled REMOTE IMAGE CAPTURE WITH CENTRALIZED PROCESSING AND STORAGE owned by DataTreasury Corporation. Filed October 25, 2013 by Fidelity National Information. DataTreasury asserted the ‘988 patent in three litigations, which are currently pending in the Eastern District of Texas, against Fiserv, Inc. (Case No. 2:13-cv-00431); Jack Henry & Associates, Inc., et al. (Case No. 2:13-cv-00433); and Fidelity National Information Services, Inc., et al. (Case No. 2:13-cv-00432).

The following ex parte reexamination requests were filed:

(1)               90/013,035 (electronically filed) – U.S. Patent No. 7,931,605 entitled ELECTR-MECHANICAL SEXUAL STIMULATION DEVICE TO BE WORN DURING INTERCOURSE and owned by Standard Innovation Corporation. Filed October 23, 2013, by LELO Inc. The ‘605 patent is currently the subject matter of litigations styled Standard Innovation Corp. v. LELO Inc., et al. (Case No. 4:11-cv-04172 (S.D. Tex.)); Certain Kinesiotherapy Devices and Components Thereof (Inv. No. 337-TA-823 (USITC)).

(2)               90/013,036 (electronically filed) – U.S. Patent No. 8,108,181 entitled ON-BOARD PERFORMANCE MONITOR AND POWER CONTROL SYSTEM and owned by Broadcom Corporation. Filed October 22, 2013.

(3)               90/013,037 (electronically filed) – U.S. Patent No. 8,352,217 entitled POWER CONTROL SYSTEM and owned by Broadcom Corporation. Filed October 22, 2013.

(4)               90/013,038 (electronically filed) – U.S. Patent No. 7,840,379 entitled ON-BOARD PERFORMANCE MONITOR AND POWER CONTROL SYSTEM and owned by Broadcom Corporation. Filed October 22, 2013.

(5)               90/013,039 (electronically filed) – U.S. Patent No. 7,409,315 entitled ON-BOARD PERFORMANCE MONITOR AND POWER CONTROL SYSTEM and owned by Broadcom Corporation. Filed October 23, 2013.

(6)               90/013,040 (electronically filed) – U.S. Patent No. 7,916,684 entitled WIRELESS COMMUNICATION NETWORK PROVIDING COMMUNICATION BETWEEN MOBILE DEVICES AND ACCESS POINTS and owned by Harris Corporation. Filed October 23, 2013. The ‘684 patent is currently the subject matter of a patent infringement litigation styled Harris Corporation v. Ruckus Wireless (Case No. 6:11-cv-00618 (M.D. Fla.)); Harris Corporation v. NetGear, Inc. (Case No. 6:11-cv-1866 (M.D. Fla.)).

(7)               90/013,041 (electronically filed) – U.S. Patent No. 8,377,417 entitled METHOD AND APPARATUS FOR SEQUESTERING CARBON DIOXIDE FROM A SPENT GAS and owned by Midrex Technologies, Inc. Filed October 25, 2013, by HYL Technologies, S.A. de C.V.

(8)               90/013,042 (electronically filed) – U.S. Patent No. 7,1077,82 entitled EVAPORATIVE HEAT EXCHANGER AND METHOD and owned by Baltimore Aircoil Company Inc. Filed October 24, 2013.

(9)               90/013,043 (electronically filed) – U.S. Patent No. 8,191,779 entitled WIRELESS MANAGEMENT OF REMOTE VENDING MACHINES and owned by AVT Inc. Filed October 25, 2013.

(10)           90/013,044 (electronically filed) – U.S. Patent No. 6,095,359 entitled MOLDED PLASTIC CONTAINER CLOSURE WITH FULLY EMBEDDED BARRIER and owned by RXI Plastics, Inc. Filed October 25, 2013.

(11)           90/013,045 (electronically filed) – U.S. Patent No. 8,135,227 entitled APPARATUS AND METHOD FOR AUGMENTING SIGHT and owned by Esight. Filed October 25, 2013.

 

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