Du Pont Attacks Five Monsanto Seed Patents, Among the Requests Week of January 6, 2014

Scott Daniels | January 13, 2014

The highlight last week was a set of inter partes review requests filed by du Pont against five Monsanto patents related to automated methods for sampling seeds (see inter partes review Request Nos. (3) through (7)).  There does not appear to be any litigation, as yet, regarding these Monsanto patents.

Last week also saw a challenge by Arthrex to a surgical method patent – Smith & Nephew’s U.S. Patent No. 5,601,557 (see ex parte reexamination Request No. (4)).  S&N has sued Arthrex for infringement of the ‘557 patent. 

And Sequenom requested inter partes review of U.S. Patent No. 8,195,415 which claims a genetic sequencing technique for diagnosing certain chromosomal abnormalities in infants(see inter partes review Request No. (9)).  The ‘415 patent is owned by Stanford and licensed by Illumina, who have sued Sequenom for infringement. 

 

The following inter partes review requests were filed:

1. IPR2014-00323 (electronically filed) – U.S. Patent No. 8,220,959 entitled HIGHLY EFFICIENT LUMINAIRE HAVING OPTICAL TRANSFORMER PROVIDING PRECALCULATED ANGULAR INTENSITY DISTRIBUTION AND METHOD THEREFORE, which is owned by Light Transformation Technologies, LLC.  Filed by GE Lighting Solutions on January 6, 2014.  The ‘959 patent is the subject of infringement actions styled Light Transformation Technologies LLC v. General Electric Company, et al., (Case No. 12-cv-00827 (E.D. Tex.)); Light Transformation Technologies LLC v. Feit Electric Company, Inc., et al., (Case No. 12-cv-00828 (E.D. Tex.)); and Light Transformation Technologies LLC v. Lighting Science Group Corp., et al., (Case No. 12-cv-00826 (E.D. Tex.)).

2. IPR2014-00328 (electronically filed) – U.S. Patent No. 6,601,126 entitled CHIP-CORE FRAMEWORK FOR SYSTEMS-ON-A-CHIP, which is owned by Netvinci Inc.  Filed by Mediatek Incorporated on January 7, 2014.  The ‘126 patent is the subject of an infringement action styled Palmchip v. Mediatek et al. (Case No. 5:13-cv-1567 (C.D. Cal.)).

3. IPR2014-00331 (electronically filed) – U.S. Patent No. 8,312,672 entitled METHODS OF SEED BREEDING USING HIGH THROUGHPUT NONDESTRUCTIVE SEED SAMPLING, which is owned by Monsanto.  Filed by du Pont on January 8, 2014.

4. IPR2014-00332 (electronically filed) – U.S. Patent No. 8,071,845 entitled AUTOMATED SEED SAMPLER AND METHODS OF SAMPLING, TESTING AND BULKING SEEDS, which is owned by Monsanto.  Filed by du Pont on January 8, 2014.

5. IPR2014-00333 (electronically filed) – U.S. Patent No. 7,832,143 entitled HIGH THROUGHPUT METHODS FOR SAMPLING SEEDS, which is owned by Monsanto.  Filed by du Pont on January 8, 2014.

6. IPR2014-00334 (electronically filed) – U.S. Patent No. 8,245,439 entitled AUTOMATED HIGH-THROUGHPUT SEED SAMPLER AND METHODS OF SAMPLING, TESTING AND BULKING SEEDS, which is owned by Monsanto.  Filed by du Pont on January 8, 2014.

7. IPR2014-00335 (electronically filed) – U.S. Patent No. 8,028,469 entitled AUTOMATED HIGH-THROUGHPUT SEED SAMPLER AND METHODS OF SAMPLING, TESTING AND BULKING SEEDS, which is owned by Monsanto.  Filed by du Pont on January 8, 2014.

8. IPR2014-00336 (electronically filed) – U.S. Patent No. 8,622,984 entitled DISPOSABLE UNDERGARMENT AND RELATED MANUFACTURING EQUIPMENT AND PROCESSES , which is owned by Kimberley-Clark.  Filed by First Quality Retail Corporation on January 8, 2014.

9. IPR2014-00337 (electronically filed) – U.S. Patent No. 8,195,415 entitled NONINVASIVE DIAGNOSIS OF FETAL ANEUPLOIDY BY SEQUENCING, which is owned by Stanford University.  Filed by Sequenom, Inc. on January 9, 2014.  The ‘415 patent is the subject of an infringement action styled Verinata Health, Inc. and The Board of Trustees of the Leland Stanford Junior University v. Sequenom, Inc, and Sequenom Center for Molecular Medicine, LLC (Case No. 4:12-cv-00865-SI, (N.D. Cal)).

10. IPR2014-00339 (electronically filed) – U.S. Patent No. 7,526,784 entitled DELIVERY OF NAVIGATION DATA FOR PLAYBACK OF AUDIO AND VIDEO CONTENT, which is owned by Clearplay.  Filed by CustomPlay on January 10, 2014.  The ‘784 patent is the subject of declaratory judgment action styled VidAngel v. Clearplay (Case No. 3:13-cv-5989 (N.D. Cal.)).

11. IPR2014-00342 (electronically filed) – U.S. Patent No. RE44,079 entitled METHOD OF CHILLING INLET AIR FOR GAS TURBINES, which is owned by TAS Energy.  Filed by GE on January 10, 2014.

12. PR2014-00343 (electronically filed) – U.S. Patent No. 8,401,682 entitled INTERACTIVE SOUND REPRODUCING, which is owned by Bose.  Filed by SDI Technologies on January 10, 2014.

 

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

1. CBM2014-00056 (electronically filed) – U.S. Patent No. 6,032,137 entitled  REMOTE IMAGE CAPTURE WITH CENTRALIZED PROCESSING AND STORAGE,which is owned by DataTreasury Corp.  Filed by Jack Henry & Associates, Inc. on January 7, 2014.  The ‘137 patent is the subject of an earlier review request filed by Fidelity National Information Services.

2. CBM2014-00057 (electronically filed) – U.S. Patent No. 5,910,988 entitled  REMOTE IMAGE CAPTURE WITH CENTRALIZED PROCESSING AND STORAGE,which is owned by DataTreasury Corp.  Filed by Jack Henry & Associates, Inc. on January 7, 2014.  The ‘988 patent is the subject of an earlier review request filed by Fidelity National Information Services.

3. CBM2014-00058 (electronically filed) – U.S. Patent No. 7,653,572 entitled METHODS AND SYSTEMS FOR PROVIDING A REBATE PROGRAM, which is owned by TuitionFund, Ltd.  Filed by Cardlytics, Inc. on January 8, 2014.  The ‘572 patent is asserted in infringement actions styled TuitionFund, LLC v. SunTrust Banks, Inc., et al., (Case No. 3:11-cv-00069 (M.D. Tenn.)) and TuitionFund, LLC v. First Horizon National Corporation, et al., (Case No. 3:11-cv-00852 (M.D. Tenn.)).

4. CBM2014-00059 (electronically filed) – U.S. Patent No. 7,899,704 entitled METHODS AND SYSTEMS FOR PROVIDING A REBATE PROGRAM, which is owned by TuitionFund, Ltd.  Filed by Cardlytics, Inc. on January 8, 2014.  The ‘704 patent is asserted in nfringement actions styled TuitionFund, LLC v. SunTrust Banks, Inc., et al., (Case No. 3:11-cv-00069 (M.D. Tenn.)) and TuitionFund, LLC v. First Horizon National Corporation, et al., (Case No. 3:11-cv-00852 (M.D. Tenn.)).\

 

The following ex parte reexamination requests were filed:

  1. 90/013,113 (electronically filed) – U.S. Patent No. 8,521,618 entitled METHOD AND SYSTEM FOR ILLUSTRATING WHERE A TICKET IS LOCATED IN AN EVENT VENUE, which is owned by Stubhub Inc.  Filed on January 6, 2014.
  1. 90/013,114 (electronically filed) – U.S. Patent No. 5,561,707 entitled TELEPHONIC-INTERFACE STATISTICAL ANALYSIS SYSTEM which is owned by Ronald A. Katz Technology Licensing, L.P.  Filed on January 7, 2014.  The ‘707 patent is the subject of an infringement action styled Ronald A. Katz Technology Licensing, L.P.  v. Citizens Financial Group (Case No. 07-cv-4964 (C.D. Cal.)).
  1. 90/013,115 (electronically filed) – U.S. Patent No. 5,787,156 entitled TELEPHONIC-INTERFACE LOTTERY SYSTEM, which is owned by Ronald A. Katz Technology Licensing, L.P.  Filed on January 7, 2014.  The ‘156 patent is the subject of an infringement action styled Ronald A. Katz Technology Licensing, L.P.  v. Citizens Financial Group (Case No. 07-cv-4964 (C.D. Cal.)).
  1. 90/013,116 (electronically filed) – U.S. Patent No. 5,601,557 entitled ANCHORING AND MANIPULATING TISSUE, which is owned by Smith & Nephew, Inc.  Filed on January 8, 2014, by Arthrex, Inc.  The ‘557 patent is the subject of infringement actions styled Smith & Nephew, Inc. v Arthrex, Inc. (Case No. 3:08-cv-00714-MO (D. Or. 2008); Smith & Nephew, Inc. v. Arthrex, Inc. (Case No. 3:04-cv-0029-MO (D. Or. 2004)); Smith & Nephew, Inc. v. Arthrex, Inc. (Case Appeal No. 14-1691 at Fed. Cir.)).
  1. 90/013,117 (electronically filed) – U.S. Patent No. 7,968,660 entitled POLYMER-BASED COMPOSITES COMPRISING CARBON NANOTUBES AS A FILLER, METHOD FOR PRODUCING SAID COMPOSITES, AND ASSOCIATED USES, which is owned by Nanocyl S.A.  Filed on January 9, 2014.

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