Crocs Attacks Patents for“Animal-Character” Shoes, Among the Requests Week of February 10, 2014

Scott Daniels and Cindy Chen | February 18, 2014

Last year Polliwalks, Inc. sued Crocs and Kohl’s for infringing two patents – U.S. Patent Nos. 8,371,043 & 8,371,044 – by selling “Crocs Crocskin Clogs.”  Those patents claim shoes in which “the sole, and the upper which includes the sides, toe portion and the three-dimensional animal or character figure having the one or more features are a single piece substantially formed from a molded material,” and having the following exemplary embodiment:

2014.02.18 Shoe

Crocs has now replied by petitioning for inter partes review of the ‘043 patent, plus review of a third patent, U.S. Patent No. 8,613,148 (see inter partes review Request Nos. (2) & (3)).  No request has yet been filed against the ‘044 patent.

Post-grant review petitions continue to be filed against “covered business method” patents with some asserted link to financial services.  Last week saw petitions filed by Indeed, Inc. and Monster Worldwide against three Career Destination Development patents (see post-grant review Request Nos. (1), (2) & (3)).  The petitions take advantage of the broad scope of post-grant review: two patents were challenged for failing to claim patentable subject matter under 35 U.S.C. § 101, and one patent, for failing to comply with the requirements of 35 U.S.C. § 112. 

The following inter partes review requests were filed:

1.   IPR2014-00422 (electronically filed) – U.S. Patent No. 6,606,185 entitled SPD FILMS AND LIGHT VALVES COMPRISING LIQUID SUSPENSIONS OF HEAT-REFLECTIVE PARTICLES OF MIXED METAL OXIDES AND METHODS OF MAKING SUCH PARTICLES, which is owned by Research Frontiers Incorporated. Filed by E Ink Corporation on February 10, 2014. The ‘185 patent is involved in a patent infringement litigation styled Research Frontiers, Inc. v. E Ink Corp., et al. (Case No. 1:13-cv-01231-LPS (D. Del.)).

2.   IPR2014-00423 (electronically filed) – U.S. Patent No. 8,371,043 entitled SHOES, which is owned by Polliwalks, Inc. Filed by Crocs, Inc. on February 10, 2014. The ‘043 patent is asserted in a patent infringement litigation styled Polliwalks, Inc. v. Crocs, Inc. and Kohl’s Corporation, Inc. (Case No. 1:13-cv-11425-JGD (D. Mass.)).

3.   IPR2014-00424 (electronically filed) – U.S. Patent No. 8,613,148 entitled SHOES, which is owned by Polliwalks, Inc. Filed by Crocs, Inc. on February 10, 2014.

4.   IPR2014-00425 (electronically filed) – U.S. Patent No. 7,940,652 entitled PSEUDOWIRE PROTECTION USING A STANDBY PSEUDOWIRE, which is owned by Brixham Solutions, Ltd. Filed by Juniper Networks, Inc. on February 11, 2014. The ‘652 patent is asserted in a patent infringement action styled Brixham Solutions, Ltd. v. Juniper Networks, Inc. (Case No. 13-616-JCS (N.D. Cal.)).

5.   IPR2014-00426 (electronically filed) – U.S. Patent No. 6,445,645 entitled RANDOM ACCESS MEMORY HAVING INDEPENDENT READ PORT AND WRITE PORT AND PROCESS FOR WRITING TO AND READING FROM THE SAME, which is owned by Cypress Semiconductor Corporation. Filed by GSI Technology, Inc. on February 11, 2014. The ‘645 patent is the subject matter of a patent infringement litigation styled Cypress Semiconductor Corporation v. GSI Technology, Inc. (Case No. 13-cv-02013-JST (JCS) (N.D. Cal.)).

6.   IPR2014-00427 (electronically filed) – U.S. Patent No. 6,385,128 entitled RANDOM ACCESS MEMORY HAVING A READ/WRITE ADDRESS BUS AND PROCESS FOR WRITING TO AND READING FROM THE SAME, which is owned by Cypress Semiconductor Corporation. Filed by GSI Technology, Inc. on February 11, 2014. The ‘128 patent is the subject matter of a patent infringement litigation styled Cypress Semiconductor Corporation v. GSI Technology, Inc. (Case No. 13-cv-02013-JST (JCS) (N.D. Cal.)).

7.   IPR2014-00428 (electronically filed) – U.S. Patent No. RE43,994 entitled FLEXIBLE MATERIAL, which is owned by Stirling Mouldings Ltd. Filed by Nike USA, Inc. on February 12, 2014. The patentee has asserted the ‘994 patent against Nike in a patent infringement action styled McDavid, Inc. and Stirling Mouldings, Ltd. v. Nike USA, Inc. (Case No. 1:13-cv-01137 (N.D. Ill.)).

8.   IPR2014-00429 (electronically filed) – U.S. Patent No. 8,162,989 entitled ORTHOPEDIC ROD SYSTEM, which is owned by Vertebron, Inc. Filed by Globus Medical, Inc. on February 11, 2014. The ‘989 patent is involved in a patent infringement action styled Altus Partners, LLC v. Globus Medical, Inc. (Case No. 2:13-cv-00822-RK (E.D. Pa.)).

9.   IPR2014-00430 (electronically filed) – U.S. Patent No. 8,117,282 entitled MEDIA PLAYER CONFIGURED TO RECEIVE PLAYBACK FILTERS FROM ALTERNATIVE STORAGE MEDIUMS, which is owned by ClearPlay, Inc. Filed by CustomPlay, LLC on February 12, 2014.

10.  IPR2014-00431 (electronically filed) – U.S. Patent No. 7,535,895 entitled SELECTIVELY SWITCHING DATA BETWEEN LINK INTERFACES AND PROCESSING ENGINES IN A NETWORK SWITCH, which is owned by Brixham Solutions, Ltd. Filed by Juniper Networks, Inc. on February 12, 2014. The ‘895 patent is asserted in a patent infringement litigation styled Brixham Solutions, Ltd. v. Juniper Networks, Inc. (Case No. 13-616-JCS (N.D. Cal.)).

11.  IPR2014-00433 (electronically filed) – U.S. Patent No. 8,301,466 entitled METHOD AND SYSTEM FOR PROVIDING ONLINE RECORDS, which is owned by MyMedicalRecords, Inc. Filed by Walgreen, Co. on February 13, 2014. The ‘466 patent is the subject matter of patent infringement actions styled MyMedicalRecords, Inc. v. Walgreen Co. (Case No. 13-cv-00631-ODW-SH (C.D. Cal.)); MyMedicalRecords, Inc. v. Quest Diagnostics, Inc. (Case No. 13-cv-02538-ODW-SH (C.D. Cal.)); MyMedicalRecords, Inc. v. Jardogs, LLC (Case No. 13-cv-03560-ODW-SH (C.D. Cal.)); and MyMedicalRecords, Inc. v. WebMD Health Corp., et al. (Case No. 13-cv-07285-ODW-SH (C.D. Cal.)).

12.  IPR2014-00435 (electronically filed) – U.S. Patent No. 6,612,985 entitled METHOD AND SYSTEM FOR MONITORING AND TREATING A PATIENT, which is owned by University of Rochester. Filed by Click4Care, Inc. and Honeywell HomMed, LLC on February 14, 2014. The ‘985 patent is involved in patent infringement litigations styled My Health, Inc. and University of Rochester v. Click4Care, Inc. (Case No. 2:13-cv-00137 (E.D. Tex.)); and My Health, Inc. and University of Rochester v. Honeywell HomMed, LLC (Case No. 2:13-cv-00139 (E.D. Tex.));

13.  IPR2014-00436 (electronically filed) – U.S. Patent No. 7,587,469 entitled AUDIO INSTRUCTIONS FOR APPLIANCES, which is owned by Health Hero Network, Inc. Filed by Medtronic, Inc. on February 14, 2014. The ‘469 patent is currently the subject matter of a patent infringement litigation styled Robert Bosch Healthcare Systems v. Cardiocom, LLC and Abbott Diabetes Care (Case No. 2:13-cv-349 (E.D. Tex.)).

14.  IPR2014-00437 & IPR2014-00438 (electronically filed) – U.S. Patent No. 5,779,566 entitled HANDHELD GOLF REPORTING AND STATISTICAL ANALYSIS APPARATUS AND METHOD, which is owned by L&H Concepts, LLC. Filed by SkyHawke Technologies, LLC on February 14, 2014. The ‘566 patent is involved in a patent infringement action styled L&H Concepts, LLC v. SkyHawke Technologies, LLC (Case No. 2:13-cv-00199-JRG (E.D. Tex.)).

 

The following request for covered business method post-grant review was filed:

 1.   CBM2014-00068 (electronically filed) – U.S. Patent No. 7,424,438 entitled APPARATUS AND METHODS FOR PROVIDING CAREER AND EMPLOYMENT SERVICES, which is owned by Career Destination Development, LLC.  Filed by Indeed, Inc. on February 12, 2014. The ‘438 patent is involved in patent infringement actions styled Career Destination Development, LLC v. Monster Worldwide, Inc. (Case No. 13-cv-2434-KHV/KGG (D. Kan.)); Career Destination Development, LLC v. Indeed, Inc. (Case No. 13-cv-2486-JWL/JPO (D. Kan.)); and Career Destination Development, LLC v. theLadders.com, Inc. (Case No. 13-cv-2522-JWL/KGS (D. Kan.)).

2.   CBM2014-00069 (electronically filed) – U.S. Patent No. 8,374,901 entitled CAREER AND EMPLOYMENT SERVICES SYSTEM AND APPARATUS, which is owned by Career Destination Development, LLC.  Filed by Indeed, Inc. on February 12, 2014. The ‘901 patent is involved in patent infringement actions styled Career Destination Development, LLC v. Monster Worldwide, Inc. (Case No. 13-cv-2434-KHV/KGG (D. Kan.)); Career Destination Development, LLC v. Indeed, Inc. (Case No. 13-cv-2486-JWL/JPO (D. Kan.)); and Career Destination Development, LLC v. theLadders.com, Inc. (Case No. 13-cv-2522-JWL/KGS (D. Kan.)).

3.   CBM2014-00070 (electronically filed) – U.S. Patent No. 8,374,901 entitled CAREER AND EMPLOYMENT SERVICES SYSTEM AND APPARATUS, which is owned by Career Destination Development, LLC.  Filed by Monster Worldwide, Inc. on February 12, 2014. The ‘901 patent is involved in patent infringement actions styled Career Destination Development, LLC v. Monster Worldwide, Inc. (Case No. 13-cv-2434-KHV/KGG (D. Kan.)); Career Destination Development, LLC v. Indeed, Inc. (Case No. 13-cv-2486-JWL/JPO (D. Kan.)); and Career Destination Development, LLC v. theLadders.com, Inc. (Case No. 13-cv-2522-JWL/KGS (D. Kan.)).

The following ex parte reexamination requests were filed:

 1.   90/013,148 (electronically filed) – U.S. Patent No. 6,174,237 entitled METHOD FOR A GAME OF SKILL TOURNAMENT, which is owned by John H. Stephenson. Filed on February 10, 2014. The ‘237 patent is currently involved in patent infringement litigations styled Stephenson v. Game Show Network, LLC (Case No. 12-614-SLR (D. Del.)).

2.   90/013,149 (electronically filed) – U.S. Patent No. 7,518,495 entitled UNIVERSAL TIRE PRESSURE MONITOR, which is owned by Schrader Electronics, Inc. Filed on February 10, 2014.

3.   90/013,150 (electronically filed) – U.S. Patent No. 8,308,963 entitled ETCHANT FOR ETCHING METAL WIRING LAYERS AND METHOD FOR FORMING THIN FILM TRANSISTOR BY USING THE SAME, which is owned by LG Display Co., Ltd. Filed on February 11, 2014.

4.   90/013,151 (electronically filed) – U.S. Patent No. 6,905,353 entitled ELECTRICAL CONNECTOR ASSEMBLY WITH PICK UP CAP PROTECTING CONTACTS, which is owned by Hon Hai Precision Ind. Co., Ltd. Filed on February 12, 2014. The ‘353 patent is involved in a patent infringement action styled Lotes Co., Ltd. v. Hon Hai Precision Industry Co., Ltd., et al. (Case No. 3:11-cv-01036-JSW (N.D. Cal.)).

 

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