Request for Reexamination of GE’s ‘985 Wind Turbine Patent among the Requests Filed the Week of October 25th

| November 3, 2010

Last January the U.S. International Trade Commission issued a Final Determination that Mitsubishi Heavy’s importation of wind turbines did not violate Section 337, as had been alleged by General Electric.  Part of the ITC’s Determination was a holding that there was no “domestic industry” with respect to GE’s U.S. Patent No. 6,921,985 because GE’s own turbines did not practice any claim of that patent.  A request for reexamination (Inter partes Request No. 6 below) has now been filed against GE’s ‘985 patent.  The ITC also found that GE’s two other patents – U.S. Patent Nos. 5,083,039 & 7,321,221 – in the investigation were not infringed by Mitsubishi’s turbines.

Also of special interest are requests for reexamination (Inter partes Request Nos. 2 & 3 below) filed by Hewlett-Packard and IBM against two ACQIS patents.  ACQIS has sued HP and IBM, among others, in the Eastern District of Texas for infringement of those patents.  We also note requests were filed (Inter partes Request Nos. 4 & 5 below) against a Netlist patent.  Netlist has sued Google for infringement of that patent.

The following inter partes requests were filed:

(1)   95/001,474 (electronically filed) – U.S. Patent No. 6,856,540 owned by Kilopass Technology, Inc. and entitled HIGH DENSITY SEMICONDUCTOR MEMORY CELL AND MEMORY ARRAY USING A SINGLE TRANSISTOR.  Filed October 25, 2010 by Sidense Corp.  The ‘540 patent is currently the subject of a litigation styled Kilopass Technology, Inc. v. Sidense Corp. (N.D. Cal., Case No. 3:10-cv-02066-SI, filed May 14, 2010).

(2)   95/001,475 (electronically filed) – U.S. Patent No. 7,376,779 owned by ACQIS LLC and entitled MULTIPLE MODULE COMPUTER SYSTEM AND METHOD.  Filed October 27, 2010 by Hewlett-Packard Company and International Business Machines Corporation.  The ‘779 patent (along with the ‘416 patent – see below) is currently the subject of a litigation styled ACQIS LLC v. Appro International, Inc. et al. (E.D. Tex., Case No. 6:09-cv-00148-LED, filed Apr. 2, 2009).

(3)   95/001,476 (electronically filed) – U.S. Patent No. 7,363,416 owned by ACQIS LLC and entitled COMPUTER SYSTEM UTILIZING MULTIPLE COMPUTER MODULES WITH PASSWORD PROTECTION.  Filed October 27, 2010 by Hewlett-Packard Company and International Business Machines Corporation.  The ‘416 patent (along with the ‘779 patent – see above) is currently the subject of a litigation styled ACQIS LLC v. Appro International, Inc. et al. (E.D. Tex., Case No. 6:09-cv-00148-LED, filed Apr. 2, 2009).

(4)   95/000,578 (paper filed) – U.S. Patent No. 7,619,912 owned by Netlist, Inc. and entitled MEMORY MODULE DECODER.  Filed October 20, 2010 by SMART Modular Technologies (WWH) Inc.  The ‘912 patent is currently the subject of a litigation styled Netlist, Inc. v. Google Inc. (N.D. Cal., Case No. 4:09-cv-05718-SBA, filed Dec. 4, 2009).

(5)   95/000,579 (paper filed) – U.S. Patent No. 7,619,912 owned by Netlist, Inc. and entitled MEMORY MODULE DECODER.  Filed October 21, 2010.  The ‘912 patent is currently the subject of a litigation styled Netlist, Inc. v. Google Inc. (N.D. Cal., Case No. 4:09-cv-05718-SBA, filed Dec. 4, 2009).

(6)   95/000,580 (paper filed) – U.S. Patent No. 6,921,985 owned by General Electric Company and entitled LOW VOLTAGE RIDE THROUGH FOR WIND TURBINE GENERATORS.  Filed October 22, 2010.

And the following ex parte requests were filed:

(1)   90/011,297 (electronically filed) – U.S. Patent No. 7,377,324 owned by Tesco Corporation and entitled PIPE HANDLING DEVICE, METHOD AND SYSTEM.  Filed October 26, 2010.  The ‘324 patent (along with the ‘443 patent – see below) is currently the subject of a litigation styled Tesco Corporation v. Weatherford International, Inc. et al. (S.D. Tex., Case No. 4:08-cv-02531, filed Aug. 19, 2008).

(2)   90/011,298 (electronically filed) – U.S. Patent No. 7,140,443 owned by Tesco Corporation and entitled PIPE HANDLING DEVICE, METHOD AND SYSTEM.  Filed October 26, 2010.  The ‘443 patent (along with the ‘324 patent – see above) is currently the subject of a litigation styled Tesco Corporation v. Weatherford International, Inc. et al. (S.D. Tex., Case No. 4:08-cv-02531, filed Aug. 19, 2008).

(3)   90/011,299 (electronically filed) – U.S. Patent No. 7,599,972 owned by QNX Software Systems GmbH & Co. KG and entitled FILE SYSTEM HAVING VARIABLE LOGICAL STORAGE BLOCK SIZE.  Filed October 26, 2010 by the patent owner.

(4)   90/011,300 (electronically filed) – U.S. Patent No. RE39,486 owned by Apple Computer, Inc. and entitled EXTENSIBLE, REPLACEABLE NETWORK COMPONENT SYSTEM.  Filed October 26, 2010.

(5)   90/011,301 (electronically filed) – U.S. Patent No. 7,595,075 owned by Delavau LLC and entitled CALCIUM FORTIFICATION OF BREAD DOUGH.  Filed October 27, 2010.

(6)   90/011,302 (electronically filed) – U.S. Patent No. 5,491,774 owned by e.Digital Corporation and entitled HANDHELD RECORD AND PLAYBACK DEVICE WITH FLASH MEMORY.  Filed October 27, 2010.  The ‘774 patent is currently the subject of a litigation styled e.Digital Corporation v. Pentax of America, Inc. et al. (D. Colo., Case No. 1:09-cv-02578-MSK-MJW, filed Nov. 2, 2009).

(7)   90/011,303 (electronically filed) – U.S. Patent No. 6,128,651 owned by KlausTech, Inc. and entitled INTERNET ADVERTISING WITH CONTROLLED AND TIMED DISPLAY OF AD CONTENT FROM CENTRALIZED SYSTEM CONTROLLER.  Filed October 27, 2010.  The ‘651 patent is currently the subject of a litigation styled KlausTech, Inc. v. Admob, Inc. (E.D. Tex., Case No. 6:10-cv-00039-LED-JDL, filed Feb. 17, 2010).

(8)   90/011,304 (electronically filed) – U.S. Patent No. 6,604,033 owned by HTI IP, LLC and entitled WIRELESS DIAGNOSTIC SYSTEM FOR CHARACTERIZING A VEHICLE’S EXHAUST EMISSIONS.  Filed October 27, 2010 by WebTech Wireless Inc.  The ‘033 patent is currently the subject of a litigation styled HTI IP, LLC et al. v. PROCON, Inc. et al. (S.D. Cal., Case No. 3:10-cv-01783-DMS-NLS, filed Aug. 26, 2010).

(9)   90/011,305 (electronically filed) – U.S. Patent No. 6,594,579 owned by HTI IP, LLC and entitled INTERNET-BASED METHOD FOR DETERMINING A VEHICLE’S FUEL EFFICIENCY.  Filed October 27, 2010 by WebTech Wireless Inc.  The ‘579 patent is currently the subject of a litigation styled HTI IP, LLC et al. v. PROCON, Inc. et al. (S.D. Cal., Case No. 3:10-cv-01783-DMS-NLS, filed Aug. 26, 2010).

(10)   90/011,306 (electronically filed) – U.S. Patent No. 6,636,790 owned by HTI IP, LLC and entitled WIRELESS DIAGNOSTIC SYSTEM AND METHOD FOR MONITORING VEHICLES.  Filed October 28, 2010 by WebTech Wireless Inc.  The ‘790 patent is currently the subject of a litigation styled HTI IP, LLC et al. v. PROCON, Inc. et al. (S.D. Cal., Case No. 3:10-cv-01783-DMS-NLS, filed Aug. 26, 2010).

(11)   90/011,307 (electronically filed) – U.S. Patent No. 6,732,031 owned by HTI IP, LLC and entitled WIRELESS DIAGNOSTIC SYSTEM FOR VEHICLES.  Filed October 28, 2010 by WebTech Wireless Inc.  The ‘031 patent is currently the subject of a litigation styled HTI IP, LLC et al. v. PROCON, Inc. et al. (S.D. Cal., Case No. 3:10-cv-01783-DMS-NLS, filed Aug. 26, 2010).

(12)   90/011,308 (electronically filed) – U.S. Patent No. 5,827,178 having Jonathan Berall as its named inventor and entitled LARYNGOSCOPE FOR USE IN TRACHEA INTUBATION.  Filed October 29, 2010.

(13)   90/009,841 (paper filed) – U.S. Patent No. 7,378,531 owned by Teva Pharmaceuticals USA, Inc. and entitled PROCESS FOR THE PREPARATION OF VALSARTAN.  Filed October 26, 2010.

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