Cisco Challenge to Two VirnetX Network Patents, among the Reexamination Requests Filed Week of December 12, 2011

| December 20, 2011

VirnetX, having long ago vanquished Microsoft, is now in a difficult infringement action in the Eastern District of Texas against Cisco and a number of other network-makers.  Last week Cisco requested reexamination of two VirnetX patents (see inter partes Request Nos. (3) & (8) – U.S. Patent Nos. 7,418,504 and 7,921,211. 

Knowles Electronics is involved in a rather complicated litigation position.  First, it sued Analog Devices in Illinois for infringement of U.S. Patent Nos. 7,439,616 and 7,537,964, and then, at the beginning of this month, it filed an ITC Complaint against Analog Devices, Amkor and Avnet for infringement of the ‘964 patent, plus infringement of U.S. Patent No. 8,018,049.  Reexamination requests were filed last week against the ‘964 and ‘049 patent (see inter partes Request Nos. (1) & (2)), and reexamination was requested against the ‘616 patent last May.  This multi-front dispute creates another opportunity for interaction between the respective forums.

Reexamination is rarely requested for design patents, but two requests were filed last week (see ex parte Request Nos. (7) & (17)).  Challenges by reexamination to design patents seem to do much better than those in District Court.

Volkswagen requested reexamination of a GPS patent owned by Beacon Navigation who has sued a number of automakers for infringement of the patent (see inter partes Request No. (4)).

 The following inter partes requests were filed:

(1)         95/001,849 (electronically filed) – U.S. Patent No. 7,537,964 entitled METHOD OF FABRICATING A MINIATURE SILION CONDENSER MICROPHONE and owned by Knowles Electronics.  Filed December 12, 2011, likely by Analog Devices.  The ‘964 patent is currently the subject of a litigation styled Knowles v. Analog Devices (Case No. 1:11-cv-6804 (N.D. Ill.)).

(2)         95/001,850 (electronically filed) – U.S. Patent No. 8,018,049 entitled SILICON CONDENSER MICROPHONE AND MANUFACTURING METHOD and owned by Knowles Electronics.  Filed December 12, 2011, likely by Analog Devices.  The ‘049 patent is currently the subject of an ITC Complaint filed December 7, 2011, pending institution, as well as the subject of Knowles v. Analog Devices (Case No. 1:11-cv-6804 (N.D. Ill.)). 

(3)         95/001,851 (electronically filed) – U.S. Patent No. 7,418,504 entitled AGILE NETWORK PROTOCOL FOR SECURE COMMUNICATIONS USING SECURE DOMAIN NAMES and owned by VirnetX.  Filed December 13, 2011, by Cisco.  The ‘504 patent is currently the subject of a litigation styled VirnetX v. Cisco (Case No. 6:10-cv-417 (E.D. Tex.)).

(4)         95/001,852 (electronically filed) – U.S. Patent No. 6,374,180 entitled POINTS OF INTEREST FOR A NAVIGATION SYSTEM and owned by Beacon Navigation.  Filed December 13, 2011, by Volkswagen Group of America.  The ‘180 patent is currently the subject of a litigation styled Navigation GmbH v. Volkswagen Group of America (Case No. 1:11-cv-958-GMS (D. Del.)); Navigation GmbH v. Audi Ag et al. (Case No. 1:11-cv-958-GMS (D. Del.)); and Certain Automotive GPS Navigation Systems, Components Thereof, and Products Containing Same, ITC Inv. No. 337-TA-814.

(5)         95/001,853 (electronically filed) – U.S. Patent No. 7,558,083 entitled HIGH EFFICIENCY POWER CONVERTER and owned by SynQor.  Filed December 14, 2011. 

(6)         95/001,854 (electronically filed) – U.S. Patent No. 6,626,776 entitled EXPANDABLE BROADHEAD WITH MULTIPLE SLIDING BLADES and owned by Out RAGE.  Filed December 14, 2011, by New Archery Prods.  The ‘776 patent is currently the subject of a litigation styled Out RAGE v. New Archery Prods. (Case No. 11-cv-701 (W.D. Wisc.)). 

(7)         95/001,855 (electronically filed) – Deactivated as a duplicate.

(8)         95/001,856 (electronically filed) – U.S. Patent No. 7,921,211 entitled AGILE NETWORK PROTOCOL FOR SECURE COMMUNICATIONS USING SECURE DOMAIN NAMES and owned by VirnetX.  Filed December 16, 2011, by Cisco.  The ‘211 patent is currently the subject of a litigation styled VirnetX v. Cisco (Case No. 6:10-cv-417 (E.D. Tex.)). 

 The following ex parte requests were filed:

(1)         90/012,042 (electronically filed) – U.S. Patent No. 7,976,497 entitled MULTILAYRED FILM WELDED ARTICULATED BALLOON and owned by Polyzen.  Filed December 12, 2011, likely by Radiadyne.   The ‘497 patent is currently the subject of a litigation styled Polyzen v. Radiadyne (Case No. 5:11-cv-662 (E.D.N.C.)). 

(2)         90/012,043 (electronically filed) – U.S. Patent No. 7,554,290 entitled LITHIUM-BASED BATTERY PACK FOR A HAND-HELD POWER TOOL and owned by Milwaukee Electric Tool.  Filed December 12, 2011.  

(3)         90/012,044 (electronically filed) – U.S. Patent No. 5,876,792 entitled METHODS AND APPARATUS FOR CONTROLLED PLACEMENT OF A POLYMER COMPOSITION INTO A WEB and owned by Silicon Valley Bank.  Filed December 12, 2011.

(4)         90/012,045 (electronically filed) – U.S. Patent No. 5,348,253 entitled BLENDED WINGLET and owned by Aviation Partners.  Filed December 12, 2011, by Airbus. 

(5)         90/012,046 (electronically filed) – U.S. Patent No. 5,381,489 entitled OPTICAL CHARACTER RECOGNITION METHOD AND APPARATUS and owned by Nuance Communications.  Filed December 13, 2011.  The ‘489 patent is currently the subject of nine separate litigations.

(6)         90/012,047 (electronically filed) – U.S. Patent No. 6,178,380 entitled STREET IDENTIFICATION FOR A MAP ZOOM OF A NAVIGATION SYSTEM and owned by Beacon Navigation.  Filed December 13, 2011, by Volkswagen Group of America.  The ‘380 patent is currently the subject of a litigation styled Beacon Navigation GmbH v. Volkswagen Group of America (Case No. 1:11-cv-958-GMS (D. Del.)); Navigation GmbH v. Audi Ag et al. (Case No. 1:11-cv-958-GMS (D. Del.)); and Certain Automotive GPS Navigation Systems, Components Thereof, and Products Containing Same, ITC Inv. No. 337-TA-814. 

(7)         90/012,048 (electronically filed) – U.S. Patent No. D594,949 entitled TRIANGULAR PATIO HEATER and owned by Changzhou Gardensun Furnace.  Filed December 15, 2011. 

(8)         90/012,049 (electronically filed) – U.S. Patent No. 5,951,785 entitled PHOTO-VOLTAIC APPARATUS and owned by Visual Interactive Phone Concepts.  Filed December 15, 2011.  The ‘785 patent is currently the subject of five District Court infringement actions. 

(9)         90/012,050 (electronically filed) – U.S. Patent No. 5,724,092 entitled VIDEOPHONE INTERACTIVE MAILBOX FACILITY SYSTEM AND METHOD OF PROCESSING INFORMATION and owned by Visual Interactive Phone Concepts.  Filed December 15, 2011.   The ‘092 patent is currently the subject of five District Court infringement actions. 

(10)     90/012,051 (electronically filed) – U.S. Patent No. 6,134,092 entitled ILLUMINATION DEVICE FOR NON-EMISSIVE DISPLAYS and owned by Chi Mei Innolux.  Filed December 15, 2011.   The ‘092 patent is currently the subject of a litigation styled LG Philips LCD v. Chi Mei Optoelectronics et al. (Case No. 1:06-cv-726 (D. Del.)). 

(11)     90/012,052 (electronically filed) – U.S. Patent No. 5,606,361 entitled VIDEOPHONE INTERACTIVE MAILBOX FACILITY SYSTEM AND METHOD OF PROCESSING INFORMATION and owned by Visual Interactive Phone Concepts.  Filed December 15, 2011.   The ‘361 patent is currently the subject five District Court infringement actions. 

(12)     90/012,053 (electronically filed) – U.S. Patent No. 5,929,048 entitled TREATMENT OF CONDITIONS AND DISEASE and owned by Jagotec AG of Muttenz, Swizerland.  Filed December 16, 2011.  

(13)     90/012,054 (electronically filed) – U.S. Patent No. 5,852,002 entitled TREATMENT OF CONDITIONS AND DISEASE and owned by Jagotec AG of Muttenz, Swizerland.  Filed December 16, 2011. 

(14)     90/012,055 (electronically filed) – U.S. Patent No. 5,128,099 entitled CONGRUENT STATE CHANGEABLE OPTICAL MEMORY MATERIAL AND DEVICE and owned by Energy Conversion.  Filed December 16, 2011, by.   The ‘099 patent is currently the subject of a litigation styled Energy Conversion v. (Case No. 2:11-cv-12566

(15)     90/012,056 (electronically filed) – U.S. Patent No. 6,223,695 entitled LEASH ASSEMBLY HAVING PET REFUSE BAG DISPENSER MECHANISM and owned by RPG Bags.  Filed December 16, 2011.  

(16)     90/012,057 (electronically filed) – U.S. Patent No. 7,263,528 entitled FILE TRANSFER SYSTEM and owned by Intellectual Ventures.  Filed December 16, 2011. 

(17)     90/012,058 (electronically filed) – U.S. Patent No. D627,494 entitled LED BULB and owned by Marvellous Day Electric Co.  Filed December 16, 2011.   The ‘494 patent is currently the subject of two litigations styled Marvellous Day Electric (S.Z.) Co. v. Ace Hardware (Case NO. 11-cv-8756 (N.D. Ill.)); Marvellous Day Electric (S.Z.) Co. v. Holiday Bright Lights et al. (Case NO. 11-cv-8768 (N.D. Ill.)).

(18)     90/012,059 (electronically filed) – U.S. Patent No. 6,004,330 entitled DEVICE OR APPARATUS FOR MANIPULATING MATTER and owned by Medtronic.  Filed December 16, 2011, by Edwards Lifesciences.  The ‘330 patent is currently the subject of a litigation styled 3F Therapeutics , Medtronic v. Edwards Lifesciences (Case No. 11-cv-1650 (D. Minn.)). 

(19)     90/012,060(electronically filed) – U.S. Patent No. 7,950,701 entitled PIPE COUPLING HAVING MOVABLE GRIPPING BODIES and owned by Victaulic Co.  Filed December 16, 2011, by Shurjoint. 

(20)     90/012,061 (electronically filed) – U.S. Patent No. 5,449,767 entitled MODIFIED POLYNUCLEOTIDES AND METHODS OF PREPARING SAME and owned by Yale University.  Filed December 16, 2011, by Life Technologies.

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