Omega-3 Composition Claims Challenged, Week of November 4, 2013

Scott Daniels and Cindy Chen | November 13, 2013

Aker BioMarine AS has requested inter partes review of a patent claiming capsules that contain “an Antarctic krill oil extract” comprising specification phospholipids, the phospholipids including DHA and APA essential fatty acids derived from fish (see inter partes review Request No. (5)). the owner of the patent, Neptune Techs. & Bioressources, has sued Aker for infringement, both in Delaware District Court and at the U.S. International Trade Commission.

The steady stream of requests for post-grant review of covered business method patents continued last week with four new petitions.  The invalidity grounds asserted go beyond the anticipation and obviousness allegations to which inter partes review requests are limited – two of last week’s CBM petitions included assertions that the claims were invalid under 35 U.S.C. § 101 because they recited only abstract ideas, and two others included assertions of indefiniteness under 35 U.S.C. § 112.

Two patent owners – Honeywell and ThermoLife – requested ex parte reexamination of their own patents (see ex parte Request Nos. (3) & (5)).  Although this was common in the early years of reexamination, it is somewhat unusual today.

The following inter partes review requests were filed:

(1)               IPR2014-00120 (electronically filed) – U.S. Patent No. 7,892,088 entitled GAMING DEVICE HAVING A SECOND SEPARATE BONUSING EVENT and owned by MGT Gaming, Inc.  Filed by WMS Gaming, Inc. on November 4, 2013. The ‘088 patent is asserted in MGT Gaming, Inc. v. WMS Gaming Inc., et al. (Case No. 3:12-cv-00741-CWR-FKB (S.D. Miss.)).

(2)               IPR2014-00121 (electronically filed) – U.S. Patent No. 6,292,403 entitled CIRCUIT AND METHOD FOR IMPLEMENTING SINGLE-CYCLE READ/WRITE OPERATION(S), AND RANDOM ACCESS MEMORY INCLUDING THE CIRCUIT AND/OR PRACTICING THE METHOD and owned by Cypress Semiconductor Corporation.  Filed by GSI Technology, Inc. on November 4, 2013. The ‘403 patent is asserted in Cypress Semiconductor Corp. v. GSI Technology, Inc. (Case No. 3:13-cv-02013-JST (N.D. Cal.)).

(3)               IPR2014-00122 (electronically filed) – U.S. Patent No. 6,941,543 entitled MOTION CONTROL SYSTEM AND METHOD and owned by ROY-G-BIV Corporation.  Filed by ABB, Inc. on November 5, 2013. The ‘543 patent is asserted in ROY-G-BIV Corp. v. ABB, Inc., et al. (Case No. 6:11-cv-00622-LED (E.D. Tex.))

(4)               IPR2014-00123 & IPR2014-00124 (electronically filed) – U.S. Patent No. 8,532,867 entitled APPARATUS FOR TRACKING AND RECORDING VITAL SIGNS AND TASK-RELATED INFORMATION OF A VEHICLE TO IDENTIFY OPERATING PATTERNS and owned by Leroy G. Hagenbuch.  Filed by Toyota Motor Corp. on November 5, 2013. The ‘867 patent is asserted in Hagenbuch v. Toyota Motor Sales, USA, Inc., et al. (Case No. 13-cv-6713 (N.D. Ill.)).

(5)               IPR2014-00126 (electronically filed) – U.S. Patent No. 8,383,675 entitled NATURAL MARINE SOURCE PHOSPHOLIPIDS COMPRISING POLYUNSATURATED FATTY ACIDS AND THEIR APPLICATIONS and owned by Neptune Technologies & Bioressources, Inc. Filed by Aker BioMarine AS on November 7, 2013. The ‘675 patent is asserted in Neptune Technologies & Bioressources, Inc. v. Aker BioMarine AS, et al. (Case No. 1:13-cv-00340-GMS (D. Del.)); and In re Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same (Inv. No. 337-TA-877 (USITC)).

(6)               IPR2014-00127 (electronically filed) – U.S. Patent No. 6,023,153 entitled AUDIO AMPLIFIER HAVING POWER FACTOR CORRECTION and owned by Crest Audio, Inc. Filed by QSC Audio Products, LLC on November 7, 2013. The ‘153 patent is asserted in Crest Audio, Inc. v. QSC Audio Products, LLC (Case No. 3:12-cv-755-CWR-FKB (S.D. Miss.)).

(7)               IPR2014-00128 (electronically filed) – U.S. Patent No. 8,271,688 entitled TRANSACTION ACCELERATOR FOR CLIENT-SERVER COMMUNICATIONS SYSTEMS and owned by Riverbed Technology, Inc.  Filed by Silver Peak Systems, Inc. on November 7, 2013. The ‘688 patent is asserted in Riverbed Technology, Inc. v. Silver Peak Systems, Inc. (Case No. 13-cv-2980 (N.D. Cal.)).

(8)               IPR2014-00129 (electronically filed) – U.S. Patent No. 5,652,542 entitled DIGITAL SIGNAL PROCESSOR FOR AMPLIFIER and owned by Crest Audio, Inc.  Filed by QSC Audio Products, LLC on November 7, 2013. The ‘542 patent is asserted in Crest Audio, Inc. v. QSC Audio Products, LLC (Case No. 3:12-cv-755-CWR-FKB (S.D. Miss.)).

(9)               IPR2014-00130 (electronically filed) – U.S. Patent No. 6,970,183 entitled MULTIMEDIA SURVEILLANCE AND MONITORING SYSTEM INCLUDING NETWORK CONFIGURATION and owned by e-Watch, Inc.  Filed by FLIR Systems, Inc. on November 7, 2013. The ‘183 patent is asserted in e-Watch, Inc. v. FLIR Systems, Inc. (Case No. 4:13-cv-628 (S.D. Tex.)); e-Watch, Inc. v. Lorex Canada, Inc. (Case No. 4:12-cv-3314 (S.D. Tex.)); e-Watch, Inc. v. Mobotix Corp. (Case No. 5:12-cv-492 (W.D. Tex.)); e-Watch, Inc. v. ACTi Corporation (Case No. 5:12-cv-695 (W.D. Tex.)); e-Watch, Inc. v. Matrix Systems, Inc. (Case No. 5:12-cv-845 (W.D. Tex.)); and e-Watch, Inc. v. Avigilon Corp. (Case No. 4:13-cv-347 (S.D. Tex.)).

(10)           IPR2014-00131 (electronically filed) – U.S. Patent No. 5,652,544 entitled APPARATUS AND METHOD FOR PROGRAMMING AN AMPLIFIER and owned by Crest Audio, Inc.  Filed by QSC Audio Products, LLC on November 7, 2013. The ‘544 patent is asserted in Crest Audio, Inc. v. QSC Audio Products, LLC (Case No. 3:13-cv-610-DPJ-FKB (S.D. Miss.)).

(11)           IPR2014-00132 (electronically filed) – U.S. Patent No. 7,033,492 entitled GROUNDWATER AND SUBSURFACE REMEDIATION and owned by ThinkVillage-Kerfoot, LLC.  Filed by APTwater, Inc. on November 7, 2013. The ‘492 patent is asserted in ThinkVillage-Kerfoot, LLC v. Stantec Consulting Services, Inc. (Case No. 1;12-cv-09515-GW (C.D. Cal.)).

(12)           IPR2014-00133 (electronically filed) – U.S. Patent No. 7,537,706 entitled MICROPOROUS DIFFUSION APPARATUS and owned by ThinkVillage-Kerfoot, LLC.  Filed by APTwater, Inc. on November 7, 2013. The ‘706 patent is asserted in ThinkVillage-Kerfoot, LLC v. Stantec Consulting Services, Inc. (Case No. 1;12-cv-09515-GW (C.D. Cal.)).

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

(1)               CBM2014-00024 (electronically filed) – U.S. Patent No. 8,402,281 entitled DATA SECURITY SYSTEM FOR A DATABASE owned by Protegrity Corporation. Filed by Voltage Security, Inc. on November 1, 2013. The ‘281 patent is asserted in Protegrity Corp. v. Voltage Security, Inc. (Case No. 3:13-cv-00441-JBA (D. Conn.)).

(2)               CBM2014-00025 (electronically filed) – U.S. Patent No. 7,010,508 entitled AUTOMATED MULTIMEDIA DATA PROCESSING NETWORK owned by Landmark Technology, LLC. Filed by GSI Commerce Solutions, Inc. on November 4, 2013. The ‘508 patent is asserted in Landmark Technology, LLC v. iRobot Corporation (Case No. 6:13-cv-411 (E.D. Tex.)); Landmark Technology, LLC v. Burberry, Ltd. (Case No. 6:12-cv-932 (E.D. Tex.)); and Landmark Technology, LLC v. Airgas, Inc. (Case No. 6:12-cv-930 (E.D. Tex.)).

(3)               CBM2014-00026 (electronically filed) – U.S. Patent No. 5,576,951 entitled AUTOMATED SALES AND SERVICES SYSTEM owned by Landmark Technology, LLC. Filed by eBay, Inc. on November 4, 2013. The ‘951 patent is asserted in Landmark Technology, LLC v. iRobot Corporation (Case No. 6:13-cv-411 (E.D. Tex.)); Landmark Technology, LLC v. Burberry, Ltd. (Case No. 6:12-cv-932 (E.D. Tex.)); and Landmark Technology, LLC v. Airgas, Inc. (Case No. 6:12-cv-930 (E.D. Tex.)).

(4)               CBM2014-00027 (electronically filed) – U.S. Patent No. 5,361,201 entitled REAL ESTATE APPRAISAL USING PREDICTIVE MODELING owned by CoreLogic Solutions, LLC. Filed by Redfin Corporation on November 9, 2013. The ‘201 patent is asserted in CoreLogic Information Solutions, Inc. v. Redfin Corporation (Case No. 2:12-cv-305 (E.D. Tex.)); CoreLogic Solutions, LLC v. Collateral Analytics, LLC (Case No. 2:12-cv-306 (E.D. Tex.)); CoreLogic Solutions, LLC v. Collateral Intelligence, Inc. (Case No. 2:12-cv-304 (E.D. Tex.)); and CoreLogic Solutions, LLC v. Fiserv, Inc., et al. (Case No. 1:10-cv-132 (E.D. Tex.)).

The following ex parte reexamination requests were filed:

(1)               90/013,049 (electronically filed) – U.S. Patent No. 5,351,285 entitled MULTIPLE FORMAT TELEPHONIC INTERFACE CONTROL SYSTEM and owned by Ronald A. Katz Technology Licensing, LP. Filed on November 1, 2013. The ‘285 patent is asserted in Ronald A. Katz Licensing, LP v. U.S. Bancorp and U.S. Bank National Association (Case Nos. 07-ML-01816-B-RGK and 07-CV-02360-RGK (C.D. Cal.)); Ronald A. Katz Licensing, LP v. Time Warner, et al. (Case No. 2:07-cv-2137-RGK (C.D. Cal.)); Ronald A. Katz Licensing, LP v. Citizens Financial Group, Inc., et al. (Case No. 2:07-cv-4964-RGK (C.D. Cal.)); and In re Katz Interactive Call Processing Patent Litigation (Case No. 07-ML-01816-B-RGK (C.D. Cal.)).

(2)               90/013,050 (electronically filed) – U.S. Patent No. 6,996,538 entitled INVENTORY CONTROL SYSTEM AND METHODS and owned by Unisone Strategic IP, Inc. Filed on November 4, 2013, by TraceLink Inc. The ‘538 patent is asserted in Unisone Strategic IP, Inc. v. TraceLink, Inc. (Case No. 3:13-cv-1743-JLS-WVG (S.D. Cal.)).

(3)               90/013,051 (electronically filed) – U.S. Patent No. 8,322,225 entitled SENSOR PACKAGE ASSEMBLY HAVING AN UNCONSTRAINED SENSE DIE and owned by Honeywell International, Inc. Filed on November 6, 2013, by the Owner.

(4)               90/013,052 (electronically filed) – U.S. Patent No. 8,545,916 entitled METHOD FOR SEPARATING EGG YOLK FROM EGG ALBUMEN and owned by Sergio Maestoso. Filed on November 8, 2013.  The ‘916 patent is the subject of an infringement action styled Maestoso v. Ici USA (Case No. 2:13-cv-1896 (W.D. Wash.)).

(5)               90/013,053 (electronically filed) – U.S. Patent No. 8,034,836 entitled AMINO ACID COMPOUNDS and owned by ThermoLife International, LLC. Filed on November 8, 2013, by the Owner.

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