eBay Attack on Purple Leaf Electronic Transaction Patent among the Reexamination Requests filed Week of January 23, 2012

| January 30, 2012

Last week eBay replied to an infringement action filed against it in the Eastern District of Texas by Purple Leaf by seeking reexamination of the patent-in-suit (see inter partes Request No. (2)).  The Purple Leaf patent claims a process for conducting electronic transactions and making payments over the Internet.

The winner for the most reexamination requests filed was Nanosolar that challenged three Solannex patents related to photovoltaic cells (see ex parte Request Nos. (5), (6) & (7)).  The companies are in litigation over these patents in the Northern District of California. 

Ex parte Request No. (4), involving U.S. Patent No. 5,337,753 owned by Biosig Instruments and claiming a heart rate monitor, is interesting in that it expressly calls for the PTO to “clarify the record” regarding the meaning of the claims.  The Request notes the ‘753 patent has been through an earlier reexamination, but that the trial judge in a pending infringement action has refused to rely on the patentee’s assertions in that earlier reexamination because they are “ambiguous.” 

The following inter partes requests were filed:

(1)         95/001,876 (electronically filed) – U.S. Patent No. 6,700,711 entitled PANORAMIC VIEWING SYSTEM WITH A COMPOSITE FIELD OF VIEW and owned by Fullview.  Filed January 26, 2012.  The ‘711 patent was once the subject of an infringement action by Fullview against Microsoft, that appears to have settled in 2008.

(2)         95/001,877 (electronically filed) – U.S. Patent No. 7,603,311 entitled PROCESS AND DEVICE FOR CONDUCTING ELECTRONIC TRANSACTIONS and owned by Purple Leaf.  Filed January 26, 2012, by eBay.  The ‘311 patent is currently the subject of a litigation styled Purple Leaf v. eBay et al. (Case No. 6:11-cv-360 (E.D. Tex.)). 

(3)         95/001,878 (electronically filed) – U.S. Patent No. 7,086,131 entitled DEFORMABLE MECHANICAL PIPE COUPLING and owned by Victaulic Company.  Filed January 27, 2012. 

 The following ex parte requests were filed:

(1)         90/012,101 (electronically filed) – U.S. Patent No. 8,075,461 entitled REINFORCED CORD WELL LIFTING BAR ASSEMBLY and owned by Muscle Dynamics.  Filed January 23, 2012.  

(2)         90/012,102 (electronically filed) – U.S. Patent No. 7,328,845 entitled METHOD FOR PRODUCING INDICATORS AND PROCESSING APPARATUS AND SYSTEM UTILIZING THE INDICATORS and owned by Sonix Tech.  Filed January 23, 2012, by Generalplus Technology.  The ‘845 patent is currently the subject of a litigation styled Sonix Tech. v. VTech Electronics North America et al. (Case No. 1:10-cv-8291 (N.D. Ill.)). 

(3)         90/012,103 (electronically filed) – U.S. Patent No. 5,689,094 entitled ELEVATOR INSTALLATION and owned by Inventio.  Filed January 24, 2012.  

(4)         90/012,104 (electronically filed) – U.S. Patent No. 5,337,753 entitled HEART RATE MONITOR and owned by Biosig Instruments.  Filed January 25, 2012, by Nautilus.   The ‘753 patent is currently the subject of a litigation styled Biosig Instruments v. Nautilus (Case No. 10-cv-7722 (S.D.N.Y.)).

(5)         90/012,105 (electronically filed) – U.S. Patent No. 7,898,053 entitled SUBSTRATE STRUCTURES FOR INTEGRATED SERIES CONNECTED PHOTOVOLTAIC ARRAYS AND PROCESS OF MANUFACTURE OF SUCH ARRAYS and owned by Solannex.  Filed January 25, 2012, by Nanosolar.  The ‘053 patent is currently the subject of a litigation styled Solannex v. Nanosolar (Case No. 5:11-cv-547 (N.D. Cal.)). 

(6)         90/012,106 (electronically filed) – U.S. Patent No. 7,898,054 entitled SUBSTRATE STRUCTURES FOR INTEGRATED SERIES CONNECTED PHOTOVOLTAIC ARRAYS AND PROCESS OF MANUFACTURE OF SUCH ARRAYS and owned by Solannex.  Filed January 25, 2012, by Nanosolar.  The ‘054 patent is currently the subject of a litigation styled Solannex v. Nanosolar (Case No. 5:11-cv-547 (N.D. Cal.)).

(7)         90/012,107 (electronically filed) – U.S. Patent No. 7,732,243 entitled SUBSTRATE STRUCTURES FOR INTEGRATED SERIES CONNECTED PHOTOVOLTAIC ARRAYS AND PROCESS OF MANUFACTURE OF SUCH ARRAYS and owned by Solannex.  Filed January 25, 2012, by Nanosolar.  The ‘243 patent is currently the subject of a litigation styled Solannex v. Nanosolar (Case No. 5:11-cv-547 (N.D. Cal.)).

(8)         90/012,108 (electronically filed) – U.S. Patent Reissue No. 42,821 entitled METHODS FOR ELECTRONIC TRACKING OF UNITS ASSOCIATED WITH A BATCH and owned by Round Rock Research.  Filed January 26, 2012. 

(9)         90/012,109 (electronically filed) – U.S. Patent No. 5,862,511 entitled VEHICLE NAVIGATION SYSTEM AND METHOD and owned by Beacon Navigation.  Filed January 27, 2012. 

(10)     90/012,110 (electronically filed) – U.S. Patent No. 8,070,306 entitled LED LIGHTING FIXTURE and owned by Ruud Lighting.  Filed January 27, 2012.

(11)     90/012,111 (electronically filed) – U.S. Patent No. 7,058,548 entitled HIGH BANDWIDTH REAL-TIME OSCILLOSCOPE and owned by LeCroy.  Filed January 27, 2012.  

(12)     90/012,112 (electronically filed) – U.S. Patent No. 7,139,68 entitled HIGH BANDWIDTH REAL-TIME OSCILLOSCOPE and owned by LeCroy.  Filed January 27, 2012.  

90/009,983 (paper filed) – U.S. Patent No. 7,716,629 entitled SYSTEM AND METHOD FOR GENERATING WEB SITES IN AN ARBITRARY OBJECT FRAMEWORK and owned by Vertical Computer Systems.  Filed Jan

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