RPX Seeks Inter Partes Review of Data Management Patent, Week of November 11, 2013

Scott Daniels and Cindy Chen | November 18, 2013

Since 2011 MacroSolve has filed suit in the Eastern District of Texas against 67 retail, financial, and social media companies – among them American Express, Bank of America, Chipotle, Comcast, Dropbox, Facebook, Home Box Office, Pandora Media, and United Airlines,– for infringement of its U.S. Patent No. 7,822,816.  The ‘816 patent states that in one embodiment, it claims a method for collecting “survey data and making the responses to the survey available to a client in virtually real time over the Internet.”  Last week RPX, who has not been sued, requested inter partes review of the ‘816 patent (see inter partes review Request No. (5)).

RPX is a patent-holding company that assists other companies in resisting infringement allegations.  RPX explains that it uses “capital from annual subscription fees [from clients] to acquire dangerous patents and patent rights, with each RPX client receiving a license to every asset we own. We acquire those patents for defensive purposes, and we have committed to never assert these patents. As the network continues to grow and our service offerings expand, we are removing progressively more high-threat patents – and more high-cost risk – from the operating ecosystem.”  RPX’s business model evidently also includes challenges at the Patent Office to the validity of adverse patents.

Bank of America and PNC Financial each requested post-grant review of four Intellectual Ventures patents related to Internet commerce (see covered business method post-grant review Request Nos. (1) through (4)).  Each of the four petitions relies entirely on allegations that the patents claim mere abstractions that are patent-ineligible under 35 U.S.C. § 101.  Six other post-grant review petitions were filed.

The following inter partes review requests were filed:

(1)               IPR2014-00136 (electronically filed) – U.S. Patent No.  7,188,145 entitled METHOD AND SYSTEM FOR DYNAMIC DISTRIBUTED DATA CACHING and owned by Parallel Networks, LLC. Filed by Reloaded Games, Inc. on November 11, 2013. The ‘145 patent is asserted in a patent infringement action styled Parallel Networks, LLC v. Reloaded Games, Inc. (Case No. 1:13-cv-00827 (D. Del.)). Parallel Networks has also asserted the ‘145 patent against at least 13 other alleged infringers, including Spotify, Blizzard Entertainment, and SG Interactive.

(2)               IPR2014-00137 (electronically filed) – U.S. Patent No.  6,345,553 entitled INK APPLICATION DEVICE FOR TATTOOING OR FOR MAKING PERMANENT MAKE-UP and owned by Medium-Tech Medizingeräte GmbH.  Filed by Bomtech Electronics, Co., Ltd. on November 11, 2013. The ‘533 patent is asserted in a patent infringement action styled MT Derm GmbH v. Bomtech Electronics Co., Ltd., et al. (Case No. 1:13-cv-2933 (E.D.N.Y.)).

(3)               IPR2014-00138 (electronically filed) – U.S. Patent No.  6,505,530 entitled INK APPLICATION DEVICE FOR TATTOOING OR FOR MAKING PERMANENT MAKE-UP and owned by Medium-Tech Medizingeräte GmbH.  Filed by Bomtech Electronics, Co., Ltd. on November 11, 2013. The ‘530 patent is asserted in a patent infringement action styled MT Derm GmbH v. Bomtech Electronics Co., Ltd., et al. (Case No. 1:13-cv-2933 (E.D.N.Y.)).

(4)               IPR2014-00139 (electronically filed) – U.S. Patent No.  7,730,262 entitled METHOD AND SYSTEM FOR DYNAMIC DISTRIBUTED DATA CACHING and owned by Parallel Networks, LLC.  Filed by Reloaded Games, Inc. on November 11, 2013. The ‘262 patent is asserted in a patent infringement action styled Parallel Networks, LLC v. Reloaded Games, Inc. (Case No. 1:13-cv-00827 (D. Del.)). Parallel Networks has also asserted the ‘262 patent against a number of other alleged infringers, including Spotify, Blizzard Entertainment, and Riot Games.

(5)               IPR2014-00140 (electronically filed) – U.S. Patent No.  7,822,816 entitled SYSTEM AND METHOD FOR DATA MANAGEMENT and owned by MacroSolve, Inc.  Filed by RPX Corporation on November 11, 2013. MacroSolve has asserted the ‘816 patent in patent infringement actions in the Eastern District of Texas against 67 alleged infringers.

(6)               IPR2014-00141 (electronically filed) – U.S. Patent No.  8,283,935 entitled METHOD OF FORMING TOUCH SENSING CIRCUIT PATTERN and owned by TPK Touch Solutions, Inc.  Filed by Wintek Corporation on November 11, 2013. The ‘935 patent is asserted in the patent infringement action styled TPK Touch Solutions, Inc. v. Wintek Corporation (Case No. 3:13-cv-2218 (N.D. Cal.)).

(7)               IPR2014-00142 (electronically filed) – U.S. Patent No.  8,193,402 entitled RENEWABLE COMPOSITIONS and owned by Gevo, Inc.  Filed by Butamax Advanced Biofuels, LLC on November 11, 2013.

(8)               IPR2014-00143 (electronically filed) – U.S. Patent No.  8,3,78160 entitled RENEWABLE COMPOSITIONS and owned by Gevo, Inc.  Filed by Butamax Advanced Biofuels, LLC on November 11, 2013.

(9)               IPR2014-00144 (electronically filed) – U.S. Patent No.  8,487,149 entitled RENEWABLE COMPOSITIONS and owned by Gevo, Inc.  Filed by Butamax Advanced Biofuels, LLC on November 11, 2013.

(10)           IPR2014-00145 (electronically filed) – U.S. Patent No.  6,726,726 entitled VACUUM APPARATUS AND METHOD FOR MANAGING RESIDUAL LIMB VOLUME IN AN ARTIFICIAL LIMB and owned by Otto Bock Healthcare, LP.  Filed by Össur Americas, Inc. on November 11, 2013. The ‘726 patent is asserted in the patent infringement action styled Otto Bock HealthCare LP v. Össur Americas, Inc. (Case No. SACV13-00891-CJC (C.D. Cal.)).

(11)           IPR2014-00146 (electronically filed) – U.S. Patent No.  8,204,561 entitled ONE PIECE CO-FORMED EXTERIOR HARD SHELL CASE WITH AN ELASTOMERIC LINER FOR MOBILE ELECTRONIC DEVICES and owned by Speculative Product Design, LLC.  Filed by Superior Communications, Inc. on November 12, 2013. The ‘561 patent is asserted in patent infringement actions styled Certain Cases for Portable Electronic Devices (Inv. No. 337-TA-867/861 (USITC)); Speculative Product Design, LLC v. Superior Communications, Inc. (Case No. 3:12-cv-04997 (N.D. Cal.)); and Speculative Product Design, LLC v. Bodyglove Internationa, LLC (Case No. 3:12-cv-04998 (N.D. Cal.)).

(12)           IPR2014-00147 (electronically filed) – U.S. Patent No.  6,249,516 entitled WIRELESS NETWORK GATEWAY AND METHOD FOR PROVIDING SAME and owned by IP Co, LLC.  Filed by ABB Technology Ltd. on November 12, 2013. The ‘516 patent is asserted in a patent infringement action styled IP Co, LLC v. Tropos Networks, Inc. (Case No. 1:06-CV-0585 (N.D. Ga.)).

(13)           IPR2014-00148 (electronically filed) – U.S. Patent No.  7,749,178 entitled INDUCTIVELY CHARGEABLE MASSAGER and owned by Lelo, Inc.  Filed by Standard Innovation Corporation on November 13, 2013. The ‘178 patent is asserted in the patent infringement action styled Lelo, Inc. v. Standard Innovation (US) Corp. (Case No. 5:13-cv-01393-PSG (N.D. Cal.)).

(14)           IPR2014-00149 (electronically filed) – U.S. Patent No.  8,321,580 entitled TRANSACTION ACCELERATOR FOR CLIENT-SERVER COMMUNICATION SYSTEMS and owned by Riverbed Technology, Inc.  Filed by Silver Peak Systems, Inc. on November 13, 2013. The ’580 patent is asserted in the patent infringement action styled Riverbed Technology, Inc. v. Silver Peak Systems, Inc. (Case No. CV-13-2980 (N.D. Cal.)).

(15)           IPR2014-00150 (electronically filed) – U.S. Patent No.  7,518,879 entitled UNIVERSAL SERIAL BUS (USB) MEMORY PLUG and owned by Phison Electronics Corp.  Filed by PNY Technologies, Inc. on November 14, 2013. The ‘879 patent is asserted in the patent infringement action styled Phison Electronics Corp. v. PNY Technologies, Inc. (Case No. 1:12-cv-01478-GMS (D. Del.)).

(16)           IPR2014-00151 (electronically filed) – U.S. Patent No.  6,258,455 entitled ANTIMICROBIAL ULTRA-MICROFIBER CLOTH and owned by Sweports Ltd.  Filed by Norwex USA, Inc. on November 14, 2013. The ‘455 patent is currently asserted in the patent infringement action styled UMF Corp. and Sweports, Ltd. v. Norwex USA, Inc. and Norwex Canada, Inc. (Case No. 1:13-cv-2975-HDL (N.D. Ill.)).

(17)           IPR2014-00152 (electronically filed) – U.S. Patent No.  6,978,346 entitled APPARATUS FOR REDUNDANT INTERCONNECTION BETWEEN MULTIPLE HOSTS AND RAID and owned by Electronics and Telecommunications Research Institute. Filed by Dell, Inc., Hewlett-Packard Company, and NetApp, Inc. on November 15, 2013. The ‘346 patent has been asserted in numerous litigations in the District of Delaware against various alleged infringers, including Dell (Case No. 1:12-cv-01624); NetApp (Case No. 1:12-cv-01628); Hewlett-Packard Company (Case No. 1:12-cv-01626); IBM (Case No. 1:13-cv-01151); Cisco Systems (Case No. 1:13-cv-00926); and Hitachi Data Systems (Case No. 1:12-cv-01627).

(18)           IPR2014-00153 & IPR2014-00154 (electronically filed) – U.S. Patent No.  5,995,091 entitled A SYSTEM AND METHOD FOR STREAMING MULTIMEDIA DATA and owned by Afluo, LLC.  Filed by Adobe Systems Incorporated and Level 3 Communications, LLC on November 15, 2013. The ‘091 patent is asserted in the patent infringement action styled Afluo, LLC, et al. v. Adobe Systems Incorporated, et al. (Case No. 1:12-cv-01459-SLR (D. Del.)).

(19)           IPR2014-00155 (electronically filed) – U.S. Patent No.  5,513,129 entitled METHOD AND SYSTEM FOR CONTROLLING COMPUTER-GENERATED VIRTUAL ENVIRONMENT IN RESPONSE TO AUDIO SIGNALS and owned by Princeton Digital Image Corporation.  Filed by Harmonix Music Systems, Inc. on November 15, 2013. The ‘129 patent is asserted in patent infringement actions styled Princeton Digital Image Corporation v. Harmonix Music Systems, Inc., Electronic Arts, and Konami Digital Entertainment Inc. (Case No. 1:12-cv-01461 (D. Del.)); and Princeton Digital Image Corporation v. Ubisoft Entertainment SA (Case No. 1:13-cv-00335 (D. Del.)).

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

(1)               CBM2014-00028 (electronically filed) – U.S. Patent No. 8,083,137 entitled ADMINISTRATION OF FINANCIAL ACCOUNTS owned by Intellectual Ventures I, LLC. Filed by on November 12, 2013, by Bank of America. The ‘137 patent is asserted in patent infringement actions styled Intellectual Ventures I, LLC and Intellectual Ventures II, LLC v. PNC Financial Services, Inc. and PNC Bank NA (Case No. 2:13-cv-00740 (W.D. Pa.)); Intellectual Ventures I, LLC and Intellectual Ventures II, LLC v. Fifth Third Bancorp (Case No. 1:13-cv-00378 (S.D. Ohio)); Intellectual Ventures I, LLC and Intellectual Ventures II, LLC v. Bank of America, NA (Case No. 3:13-cv-00358 (W.D.N.C.)); Intellectual Ventures I, LLC and Intellectual Ventures II, LLC v. Capital One Bank NA, et al. (Case No. 1:13-cv-00740 (E.D. Va.)); Intellectual Ventures I, LLC and Intellectual Ventures II, LLC v. M&T Bank Corp. (Case No. 1:13-cv-01274 (D. Del.)); and Intellectual Ventures I, LLC and Intellectual Ventures II, LLC v. HSBC Bank USA, NA (Case No. 1:13-cv-05386 (S.D.N.Y.)).

(2)               CBM2014-00029 (electronically filed) – U.S. Patent No. 7,664,701 entitled MASKING PRIVATE BILLING DATA BY ASSIGNING OTHER BILLING DATA TO USE IN COMMERCE WITH BUSINESESES owned by Intellectual Ventures I, LLC. Filed by on November 12, 2013, by PNC Financial Services Group. Intellectual Ventures has asserted the ‘701 patent concurrently with the ‘137 patent in the same litigations as enumerated above.

(3)               CBM2014-00030 (electronically filed) – U.S. Patent No. 7,603,382 entitled ADVANCED INTERNET INTERFACE PROVIDING USER DISPLAY ACCESS OF CUSTOMIZED WEBPAGES owned by Intellectual Ventures I, LLC. Filed by on November 12, 2013, by Bank of America. Intellectual Ventures has asserted the ‘382 patent concurrently with the ‘137 patent in the same litigations as enumerated above.

(4)               CBM2014-00031 (electronically filed) – U.S. Patent No. 6,182,894 entitled SYSTEMS AND METHODS FOR AUTHORIZING A TRANSACTION CARD owned by Intellectual Ventures II, LLC. Filed by on November 12, 2013, by PNC Financial Services Group. Intellectual Ventures has asserted the ‘894 patent concurrently with the ‘137 patent in the same litigations as enumerated above.

(5)               CBM2014-00032 (electronically filed) – U.S. Patent No. 7,757,298 entitled METHOD AND APPARATUS FOR IDENTIFYING AND CHARACTERIZING ERRANT ELECTRONIC FILES owned by Intellectual Ventures II, LLC. Filed by on November 12, 2013, by PNC Financial Services Group.

(6)               CBM2014-00033 (electronically filed) – U.S. Patent No. 7,260,587 entitled METHOD FOR ORGANIZING DIGITAL IMAGES owned by Intellectual Ventures II, LLC. Filed by on November 12, 2013, by Bank of America. Intellectual Ventures has asserted the ‘587 patent concurrently with the ‘137 patent in the same litigations as enumerated above.

(7)               CBM2014-00034 (electronically filed) – U.S. Patent No. 7,596,784 entitled METHOD SYSTEM AND APPARATUS FOR PROVIDING PAY-PER-USE DISTRIBUTED COMPUTING RESOURCES owned by Clouding IP, LLC. Filed by on November 13, 2013, by Rackspace Hosting, Inc. The ‘784 patent is asserted in the patent infringement action styled Clouding IP, LLC v. Rackspace Hosting, Inc., et al. (Case No. 1:12-cv-00675 (D. Del.)). Clouding IP has also asserted the ‘784 patent against a number of other alleged infringers, including Verizon, AT&T, Microsoft, Google, and Amazon.com.

(8)               CBM2014-00035 (electronically filed) – U.S. Patent No. 7,051,002 entitled UNIVERSAL MERCHANT PLATFORM FOR PAYMENT AUTHENTICATION owned by Cardinal Commerce Corporation. Filed by on November 15, 2013, by SecureBuy, LLC. The ‘002 patent is asserted in patent infringement actions styled SecureBuy, LLC v. Cardinal Commerce Corporation (Case No. 1:13-cv-01792-LPS (D. Del.)); and SecureBuy, LLC v. Cardinal Commerce Corporation (Case No. 1:13-cv-00417-HSO-RHW (S.D. Miss.)).

(9)               CBM2014-00036 (electronically filed) – U.S. Patent No. 8,140,429 entitled UNIVERSAL MERCHANT PLATFORM FOR PAYMENT AUTHENTICATION owned by Cardinal Commerce Corporation. Filed by on November 15, 2013, by SecureBuy, LLC. The ‘429 patent is asserted in patent infringement actions styled SecureBuy, LLC v. Cardinal Commerce Corporation (Case No. 1:13-cv-01792-LPS (D. Del.)); and SecureBuy, LLC v. Cardinal Commerce Corporation (Case No. 1:13-cv-00417-HSO-RHW (S.D. Miss.)).

(10)           CBM2014-00037 (electronically filed) – U.S. Patent No. 7,693,783 entitled UNIVERSAL MERCHANT PLATFORM FOR PAYMENT AUTHENTICATION owned by Cardinal Commerce Corporation. Filed by on November 16, 2013, by SecureBuy, LLC. The ‘783 patent is asserted in patent infringement actions styled SecureBuy, LLC v. Cardinal Commerce Corporation (Case No. 1:13-cv-01792-LPS (D. Del.)); and SecureBuy, LLC v. Cardinal Commerce Corporation (Case No. 1:13-cv-00417-HSO-RHW (S.D. Miss.)).

The following ex parte reexamination requests were filed:

(1)               90/013,054 (electronically filed) – U.S. Patent No. 7,664,485 entitled MAKING A PHONE CALL FROM AN ELECTRONIC DEVICE HAVING AN ADDRESS LIST OR A CALL HISTORY LIST and owned by Access Co., Ltd. Filed on November 13, 2013.

(2)                90/013,055 (electronically filed) – U.S. Patent No. 7,076,275 entitled METHOD AND SYSTEM FOR SINGLE-STEP ENABLEMENT OF TELEPHONY FUNCTIONALITY FOR A PORTABLE COMPUTER SYSTEM and owned by Access Co., Ltd. Filed on November 15, 2013, by Huawei Device USA, Inc. The ‘275 patent is asserted in a patent infringement action styled SmartPhone Technologies LLC v. Huawei Technologies Co., Ltd., et al. (Case No. 6:12-cv-245 (E.D. Tex.)).

(3)               90/013,056 (electronically filed) – U.S. Patent No. 6,896,844 entitled PROCESS FOR GAS ASSISTED AND WATER ASSISTED INJECTION MOLDING and owned by Cinpres Gas Injection Ltd. Filed on November 15, 2013, by Volkswagen Group of America, Inc. The ‘844 patent is asserted in a patent infringement action styled Cinpres Gas Injuection Ltd. v. Volkswagen Group of America, Inc. (Case No. 2:12-cv-13000-BAF-MKM (E.D. Mich.)).

(4)               90/013,057 (electronically filed) – U.S. Patent No. 8,448,673 entitled TRANSPORTING AND TRANSFERRING FLUID and owned by ExxonMobil Upstream Research Company. Filed on November 13, 2013.

(5)               90/013,058 (electronically filed) – U.S. Patent No. RE40,459 entitled METHOD AND APPARATUS FOR COMMUNICATING INFORMATION OVER LOW BANDWIDTH COMMUNICATIONS NETWORKS and owned by Access Co., Ltd. Filed on November 14, 2013.

(6)               90/013,060 (electronically filed) – U.S. Patent No. 7,016,824 entitled INTERACTIVE TRY-ON PLATFORM FOR EYEGLASSES and owned by 1‑800 Contacts, Inc. Filed on November 14, 2013.

(7)               90/013,061 (electronically filed) – U.S. Patent No. 7,865,424 entitled METHOD AND SYSTEM FOR RESERVING FUTURE PURCHASES OF GOODS AND SERVICES and owned by Smart Options, Inc. Filed on November 15, 2013.

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