Five IPRs Filed against Single Auto Patent, Among the Requests Week of April 7, 2014

Scott Daniels and Cindy Chen | April 15, 2014

Page limits, believe it or not, continue to be an important issue for validity challenges at the Patent Office – how does a petitioner, that has lots of prior art to assert, deal with the 60-page limit on inter partes review requests?  For Ford, Honda, BMW and Nissan, it was to file five separate IPR requests against a single car-display patent owned by Vehicle Operation Technologies (see inter partes review request No. (7)).  For Motorola it was to rely on the old stand-by, ex parte reexamination.  Last Monday it filed a 330-page request against an Intellectual Ventures patent (see ex parte request No. (4)). For good measure, Motorola filed ex parte requests against two other IV patents (see ex parte request Nos. (5) & (6)).

An unknown party requested ex parte reexamination of AbbVie’s recently issued U.S. Patent No. 8,674,112 that claims a crystalline polymorph of ritonavir (see ex parte reexamination request No. (13).  Ritonavir is known for inhibiting of HIV protease.  IPRs continue to be popular, but only ex parte reexamination affords anonymity to the requester. 

 

The following inter partes review requests were filed:

1.   IPR2014-00586 (electronically filed) – U.S. Patent No. 8,278,351 entitled NATURAL MARINE SOURCE PHOSPHOLIPIDS COMPRISING POLYUNSATURATED FATTY ACIDS AND THEIR APPLICATIONS, which is owned by Neptune Technologies.  Filed by Enzymotec on April 11, 2014. The ‘351 patent is the continuation of Neptune’s U.S. Patent No. 8,030,348 that is asserted in two patent infringement actions styled Neptune v. Aker, (Case No.1:11cv894 (D. Del.)), and Neptune v. Enzymotec Ltd. et al., (Case No. 1:11cv895 (D. Del.)). The ’348 patent is also subject to an Inter Partes Reexamination (95/001,774).

2.   IPR2014-00587 (electronically filed) – U.S. Patent No. 6,826,694 entitled HIGH RESOLUTION ACCESS CONTROL, which is owned by Intellectual Ventures.  Filed by IBM on April 7, 2014. The ‘694 patent is asserted in seven patent infringement actions.  

3.   IPR2014-00588, -00589 (electronically filed) – U.S. Patent No. 8,466,795 entitled PERSONAL SECURITY AND TRACKING SYSTEM, which is owned by Pragmatus.  Filed by Samsung on April 7, 2014. The ‘795 patent is asserted in at least 11 patent infringement actions.

4.   IPR2014-00590 (electronically filed) – U.S. Patent No. 6,095,661 entitled METHOD AND APPARATUS FOR AN LED FLASHLIGHT, which is owned by LED Tech Development.  Filed by Samsung on April 7, 2014. The ‘661 patent was asserted in a patent infringement action styled LED Tech Dev., LLC, v. Samsung Elecs. Am., Inc., et al., (Case No. 12-cv-1325 (D. Del.)). 

5.   IPR2014-00592 (electronically filed) – U.S. Patent No. 8,404,298 entitled WHOLE GRAIN FLOUR, which is owned by Conagra Foods. Filed by Archer Daniels Midland on April 8, 2014. The ‘298 patent is asserted in a patent infringement action styled ConAgra Foods Food Ingredients Company, Inc.v. Archer-Daniels-Midland Company, (Case No. 2:12-CV-2171-EFM (D. Kan.)).

6.   IPR2014-00593 (electronically filed) – U.S. Patent No. 6,624,843 entitled CUSTOMER IMAGE CAPTURE, which is owned by Lennon Image Technologies. Filed by Luxottica on April 8, 2014. The ‘843 patent has been asserted in at least 11 patent infringement actions. 

7.   IPR2014-00594, -00600, -00601, -00602, -00603 (electronically filed) – U.S. Patent No. 7,145,442 entitled VEHICLE OPERATION DISPLAY SYSTEM, which is owned by Vehicle Operation Technologies.   Filed by Ford, Honda, BMW and Nissan on April 9, 2014. The ‘442 patent is asserted in at least five patent infringement actions.

8.   IPR2014-00595 (electronically filed) – U.S. Patent No. 7,167,503 entitled DISTRIBUTED SPREAD-SPECTRUM NETWORK, which is owned by Linex.  Filed by Juniper on April 8, 2014. The ‘503 patent has been asserted in patent infringement actions styled Linex Technologies, Inc. v. Juniper Networks,Inc., (Case No. 9:13-cv-80292-KAM (S.D. Fla.); Linex Technologies, Inc. v. Aerohive Networks, Inc., (Case No. 9:13-cv-80281-KMM (S.D. Fla.); Linex Technologies, Inc. v. Silver Spring Networks, Inc., (Case No. 9:13-cv-80290-KMM (S.D. Fla.)); and Linex Technologies, Inc. v.Motorola, Inc., (Case No. 9:05-cv-80300-KAM (S.D. Fla.)).

9.   IPR2014-00596 (electronically filed) – U.S. Patent No. 6,493,377 entitled DISTRIBUTED SPREAD-SPECTRUM NETWORK, which is owned by Ninex. Filed by Juniper on April 8, 2014. The ‘377 patent is asserted in patent infringement actions styled Linex Technologies, Inc. v. Juniper Networks,Inc., (Case No. 9:13-cv-80292-KAM (S.D. Fla.); Linex Technologies, Inc. v. Aerohive Networks, Inc., (Case No. 9:13-cv-80281-KMM (S.D. Fla.); Linex Technologies, Inc. v. Silver Spring Networks, Inc., (Case No. 9:13-cv-80290-KMM (S.D. Fla.)); and Linex Technologies, Inc. v.Motorola, Inc., (Case No. 9:05-cv-80300-KAM (S.D. Fla.)).

10.  IPR2014-00598 (electronically filed) – U.S. Patent No. 6,805,779 entitled PLASMA GENERATION USING MULTI-STEP IONIZATION, which is owned by Zond.  Filed by Intel on April 9, 2014. The ‘779 patent is asserted in patent infringement actions styled Zond v. Intel, (Case No. 1:13-cv-11570-RGS D. Mass.)); Zond v. AMD, Inc., et al (Case No. 1:13-cv-11577-DPW (D. Mass.)); Zond v. Toshiba Am. Elec. Comp. Inc.1:13-cv-11581-DJC (D. Mass.)); Zond v. SK Hynix, Inc.) (Case No. 1:13-cv-11591-RGS (D. Mass.)); Zond v. Renesas Elec. Corp.1:13-cv-11625-NMG (D. Mass.)); Zond v. Fujitsu, et al.(Case No. 1:13-cv-11634-WGY (D. Mass.); and Zond v. Gillette, Co. (Case No. 1:13-cv-11567-DJC (D. Mass.)).

11.  IPR2014-00599 (electronically filed) – U.S. Patent No. 7,119,960 entitled METHOD OF MAKING HIGHLY DISCRIMINATING OPTICAL EDGE  FILTERS AND LASER-LINE FILTERS AND RESULTING PRODUCTS, which is owned by Semrock.  Filed by Edmund Optics on April 9, 2014. The ‘960 patent is asserted in a patent infringement action styled Semrock, Inc., v. Edmund Optics, Inc., (Case No. 13-cv-06265-DGL-JWF (W.D.N.Y.)). 

12.  IPR2014-00604 (electronically filed) – U.S. Patent No. 6,896,775 entitled HIGH-POWER PULSED MAGNETICALLY ENHANCED PLASMA PROCESSING, which is owned by Zond. Filed by Gillette on April 10, 2014. The ‘775 patent is asserted in a patent infringement action styled Zond, Inc. v. The Gillette Co. and The Procter and Gamble Co., (Case No. 1:13-CV. 11567-DJC (D. Mass.)).

13.  IPR2014-00605 (electronically filed) – U.S. Patent No. 7,348,723 entitled EMISSION DEVICE, SURFACE LIGHT SOURCE DEVICE, DISPLAY AND LIGHT FLUX CONTROL MEMBER, which is owned by Enplas.  Filed by Seoul Semiconductor on April 10, 2014.

14.  IPR2014-00606 (electronically filed) – U.S. Patent No. 6,833,404 entitled HOT MELTS UTILIZING A HIGH GLASS TRANSITION TEMPERATURE SUBSTANTIALLY ALIPHATIC TACKIFYING RESIN, which is owned by H.B. Fuller.  Filed by Henkel on April 10, 2014. The ‘404 patent is asserted in a patent infringement action styled H.B. Fuller Co. v. Henkel Corp., (Case No. 0:13-cv-2980 (D. Minn.)). 

15.  IPR2014-00607 (electronically filed) – U.S. Patent No. 7,870,249 entitled Networked system for interactive communication and remote monitoring of individuals, which is owned by Robert Bosch Healthcare.  Filed by Medtronic on April 10, 2014. The ‘249 patent is asserted in a patent infringement action styled Health Hero Network, Inc., Robert Bosch Healthcare Systems, Inc. v. Cardiocom, LLC and Abbott Diabetes Care, (Case No.: 2:13-cv-349 (E.D. Tex.)). 

16.  IPR2014-00608 (electronically filed) – U.S. Patent No. 8,426,813 entitled CHEMICAL LEAK INSPECTION SYSTEM, which is owned by Leak Surveys. Filed by FLIR Systems on April 11, 2014. The ‘813 patent is asserted in a patent infringement action styled Leak Surveys, Inc. v. FLIR Systems, Inc., (Case No. 3:13-cv-02897-M (N.D. Tex.)).

17.  IPR2014-00609 (electronically filed) – U.S. Patent No. 8,193,496 entitled CHEICNMAL LEAK INPSECTION SYSTEM, which is owned by Leak Surveys. Filed by FLIR Systems on April 11, 2014. The ‘496 patent is asserted in a patent infringement action styled Leak Surveys, Inc. v. FLIR Systems, Inc., (Case No. 3:13-cv-02897-M (N.D. Tex.)).

18.  IPR2014-00610 (electronically filed) – U.S. Patent No. 7,490,151 entitled ESTABLISHMENT OF A SECURE COMMUNICATION LINK BASED ON A DOMAIN NAME SERVICE (DNS) REQUEST, which is owned by VirnetX.  Filed by Microsoft on April 10, 2014. The ‘151 patent has been asserted in several patent infringement actions.

19.  IPR2014-00612, -00613, -00614 (electronically filed) – U.S. Patent No. 7,418,504 entitled AGILE NETWORK PROTOCOL FOR SECURE COMMUNICATIONS USING SECURE DOMAIN NAMES, which is owned by VirnetX.  Filed by Microsoft on April 14, 2014. The ‘504 patent has been asserted in several patent infringement actions.

20.  IPR2014-00615, -00616, -00618 (electronically filed) – U.S. Patent No. 7,921,211 entitled AGILE NETWORK PROTOCOL FOR SECURE COMMUNICATIONS USING SECURE DOMAIN NAMES, which is owned by VirnetX.  Filed by Microsoft on April 14, 2014. The ‘211 patent has been asserted in several patent infringement actions. 

21.  IPR2014-00617 (electronically filed) – U.S. Patent No. 7,413,048 entitled WEIGHT MEASURING SYSTEMS AND METHODS FOR VEHICLES, which is owned by American Vehicular Sciences.  Filed by Honda on April 11, 2014. The ‘048 patent has been asserted in six patent infringement actions. 

22.  IPR2014-00619 (electronically filed) – U.S. Patent No. 7,976,060 entitled SEAT LOAD OR DISPLACEMENT MEASURING SYSTEM FOR OCCUPANT RESTRAINT SYSTEM CONTROL, which is owned by American Vehicular Sciences.  Filed by Honda on April 11, 2014. The ‘060 patent has been asserted in six patent infringement actions.

23.  IPR2014-00620 (electronically filed) – U.S. Patent No. 8,235,416 entitled ARRANGEMENT FOR SENSING WEIGHT OF AN OCCUPYING ITEM IN A VEHICULAR SEAT, which is owned by American Vehicular Sciences.   Filed by Honda on April 11, 2014. The ‘416 patent has been asserted in a patent infringement actions.

24.  IPR2014-00621 (electronically filed) – U.S. Patent No. 8,041,483 entitled, which is owned by American Vehicular Sciences.  Filed by Honda on April 11, 2014. The ‘483 patent has been asserted in six patent infringement actions.

25.   IPR2014-00622 (electronically filed) – U.S. Patent No. 7,082,365 entitled POINT OF INTEREST SPATIAL RATING SEARCH METHOD AND SYSTEM, which is owned by Wireless Mobile Devices LLC And Telecommunication Systems, Inc. Filed by HTC on April 11, 2014. The ‘365 patent has been asserted in six patent infringement actions.

26.  IPR2014-00623 (electronically filed) – U.S. Patent No. 7,321,826 entitled POINT ON INTEREST SPATIAL RATING SEARCH, which is owned by Wireless Mobile Devices LLC And Telecommunication Systems, Inc.  Filed by HTC on April 11, 2014. The ‘826 patent has been asserted in six patent infringement actions.

27.  IPR2014-00624 (electronically filed) – U.S. Patent No. 8,014,939 entitled POINT OF INTEREST SPATIAL RATING SEARCH, which is owned by Wireless Mobile Devices LLC And Telecommunication Systems, Inc.  Filed by HTC on April 1, 2014. The ‘939 patent has been asserted in six patent infringement actions.

28.  IPR2014-00625 (electronically filed) – U.S. Patent No. 8,301,371 entitled POINT OF INTEREST SPATIAL RATING SEARCH METHOD AND SYSTEM, which is owned by Wireless Mobile Devices LLC And Telecommunication Systems, Inc.  Filed by HTC on April 7, 2014. The ‘371 patent has been asserted in six patent infringement actions.

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

1.   CBM2014-00115 (electronically filed) – U.S. Patent No. 7,970,674 entitled AUTOMATICALLY DETERMINING A CURRENT VALUE FOR A REAL ESTATE PROPERTY, SUCH AS A HOME, THAT IS TAILORED TO INPUT FROM A HUMAN USER, SUCH AS ITS OWNER, which is owned by Zillow.  Filed by Trulia on April 10, 2014.  The ‘674 patent is the subject of the proceedings Zillow, Inc. v. Trulia, Inc., (Case No. 2:12-cv-01549-JLR (W.D. Wash.)); MicroStrategy, Inc. v. Zillow, Inc., (Case No. IPR2013-00034 (P.T.A.B.)); and Trulia, Inc. v. Zillow, LLC, (Case No. CBM2013-00056 (P.T.A.B.)). 

The following ex parte reexamination requests were filed:

1.   90/013,201 (electronically filed) – U.S. Patent No. 6,059,576 entitled TRAINING AND SAFETY DEVICE, SYSTEM AND METHOD TO AID IN PROPER MOVEMENT DURING PHYSICAL ACTIVITY, which is owned by Logantree. Filed on April 4, 2014 by the Owner.

2.   90/013,202 (electronically filed) – U.S. Patent No. 7,497,998 entitled GAS CONVERTER, which is owned by SNC-Lavalin. Filed on April 7, 2014.

3.   90/013,203 (electronically filed) – U.S. Patent No. 6,179,033 entitled METHOD AND APPARATUS FOR SEATING TUBELESS TIRES, which is owned by Tire Service Equipment.  Filed on April 9, 2014. The ‘’033 patent is asserted in a patent infringement action styled Tire Service Equipment v. Gaither Tool (Case No. 13-cv-2996 (D. Minn.)). 

4.   90/013,204 (electronically filed) – U.S. Patent No. 7,120,462 entitled PORTABLE COMPUTING, COMMUNICATION AND ENTERTAINMENT DEVICE WITH CENTRAL PROCESSOR CARRIED IN A DETACHABLE HANDSET, which is owned by Intellectual Ventures. Filed on April 9, 2014 by Motorola Mobility. The ‘462 patent is asserted in a patent infringement action styled Intellectual Ventures v. Motorola (Case No. 11-cv-908 (D. Del.)). 

5.   90/013,205 (electronically filed) – U.S. Patent No. 6,557,054 entitled METHOD AND SYSTEM FOR DISTRIBUTING UPDATES BY PRESENTING DIRECTORY OF SOFTWARE AVAILABLE FOR USER INSTALLATION THAT IS NOT ALREADY INSTALLED ON USER STATION, which is owned by Intellectual Ventures. Filed on April 7, 2014 by Motorola Mobility. The ‘054 patent is asserted in a patent infringement action styled Intellectual Ventures v. Motorola (Case No. 11-cv-908 (D. Del.)).

6.   90/013,206 (electronically filed) – U.S. Patent No. 6,658,464 entitled USER STATION SOFTWARE THAT CONTROLS TRANSPORT, STORAGE, AND PRESENTATION OF CONTENT FROM A REMOTE SOURCE, which is owned by Intellectual Ventures.  Filed on April 7, 2014 by Motorola Mobility. The ‘464 patent is asserted in a patent infringement action styled Intellectual Ventures v. Motorola (Case No. 11-cv-908 (D. Del.)).

7.   90/013,207 (electronically filed) – U.S. Patent No. 7,489,423 entitled INTERFACE CIRCUIT FOR UTILIZING A FACSIMILE MACHINE COUPLED TO A PC AS A SCANNER OR PRINTER, which is owned by Infinity Computer. Filed on April 10, 2014 by Ricoh. The ‘423 patent is asserted in 12 patent infringement actions.

8.   90/013,208 (electronically filed) – U.S. Patent No. 6,894,811 entitled INTERFACE CIRCUIT FOR UTILIZING A FACSIMILE COUPLED TO A PC AS A SCANNER OR PRINTER, which is owned by Infinity Computer. Filed on April 10, 2014 by Ricoh. The ‘811 patent is asserted in 12 patent infringement actions.

9.   90/013,209 (electronically filed) – U.S. Patent No. 8,040,574 entitled INTERFACE CIRCUIT FOR UTILIZING A FACSIMILE MACHINE TO A PC AS A SCANNER OR PRINTER, which is owned by Infinity Computer. Filed on April 10, 2014 by Ricoh. The ‘574 patent is asserted in 12 patent infringement actions.

10.  90/013,210 (electronically filed) – U.S. Patent No. 8,294,915 entitled INTERFACE CIRCUIT FOR UTILIZING A FACSIMILE MACHINE COUPLED TO A PC AS A SCANNER OR PRINTER, which is owned by Infinity Computer.  Filed on April 10, 2014 by Ricoh. The ‘915 patent is asserted in 12 patent infringement actions.

11.  90/013,211 (electronically filed) – U.S. Patent No. 7,753,530 entitled HDR DISPLAYS AND CONTROL SYSTEMS THEREFOR, which is owned by Dolby Labs. Lic. Filed on April 11, 2014.

12.  90/013,212 (electronically filed) – U.S. Patent No. 8,479,901 entitled HYDRODYNAMIC TORQUE CONVERTER, which is owned by Schaeffler Tech. Filed on April 11, 2014.

13.  90/013,213 (electronically filed) – U.S. Patent No. 8,674,112 entitled POLYMORPH OF A PHARMACEUTICAL, which is owned by AbbVie. Filed on April 11, 2014.

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