Facebook Attack on Wireless Ink Patent among the Reexamination Requests Filed Week of May 14, 2012

| May 21, 2012

Last Monday Facebook requested reexamination of Wireless Ink’s U.S. Patent 8,135,801 which claims a system for enhancing accessibility to data over a network (see inter partes Request No. (1)).  The ‘801 patent is the subject of an infringement action between the companies in New York.  Notably, Facebook has filed this reexamination request before answering Wireless’s complaint in court.  Facebook – like Apple and Google – has been quick to resort to reexamination when sued for infringement.  Wireless has also accused Facebook of infringing two other patents – U.S. Patent Nos. 7,599,983 and 7,908,342 – in unrelated infringement actions.

For the most part, foreign companies have been slow to use reexamination as a tool for attacking U.S. patents owned by competitors.  An exception is Chinese companies, who seem to be quick studies when it comes to reexamination.  For instance, last week Zhejiang Trimone and Fujian Hongan filed a request against a circuit interrupter patent owned by Leviton (see inter partes Request No. (4)).

Reexamination was also requested by CBS Interactive and a series of other media companies for two more wireless messaging patents owned by Helferich Patent Licensing (see inter partes Request Nos. (3) & (7)).  See last week’s post for other Helferich reexaminations.

The following inter partes requests were filed:

(1)         95/001,989 (electronically filed) – U.S. Patent No. 8,135,801 entitled METHOD, APPARATUS AND SYSTEM FOR MANAGEMENT OF INFORMATION CONTENT FOR ENHANCED ACCESSIBILITY OVER WIRELESS COMMUNICATION NETWORKS and owned by Wireless Ink.  Filed May 14, 2012, by Facebook.  The ‘801 patent is currently the subject of a litigation styled Wireless Ink Corp. v. Facebook et al. (Case No. 12-cv-1826 (S.D.N.Y.)). 

(2)         95/001,990 (electronically filed) – U.S. Patent No. 7,704,947 entitled METHODS AND COMPOSITIONS FOR THE TREATMENT OF GASTROINTESTINAL DISORDERS and owned by Ironwood Pharmaceuticals.  Filed May 15, 2012, by Synergy Pharmaceuticals. 

(3)         95/001,991 (electronically filed) – U.S. Patent No. 8,107,601 entitled WIRELESS MESSAGING SYSTEM and owned by Helferich Patent Licensing.  Filed May 16, 2012, by CBS Interactive, The New York Times, Best Buy, G4 Media, Bravo Media and Phoenix Newspapers.  The ‘601 patent is currently the subject of seven infringement actions. 

(4)         95/001,992 (electronically filed) – U.S. Patent No. 7,737,809 entitled CIRCUIT INTERRUPTING DEVICE AND SYSTEM UTILIZING BRIDGE CONTACT MECHANISM AND RESET LOCKOUT and owned by Leviton Manufacturing.   Filed May 16, 2012, by Zhejiang Trimone and Fujian Hongan.  The ‘809 patent is currently the subject of the ITC investigation Certain Ground Fault Interrupters, 337-TA-739. 

(5)         95/001,993 (electronically filed) – U.S. Patent No. 8,087,201 entitled METHOD FOR IRRIGATING AND FERTILIZING RICE and owned by Valmont Industries.  Filed May 16, 2012. 

(6)         95/001,994 (electronically filed) – U.S. Patent No. 8,179,672 entitled PORTABLE DEVICE DOCKING STATION and owned by National Products.  Filed May 17, 2012, likely by Gamber-Johnson.  The ‘672 patent is currently the subject of a litigation styled National Products v. Gamber-Johnson (Case No. 2:12-840 W.D. Wash.)). 

(7)         95/001,996 (electronically filed) – U.S. Patent No. 7,280,838 entitled PAGING TRANSCEIVERS AND METHODS FOR SELECTIVELY RETRIEVING MESSAGES and owned by Helferich Patent Licensing.  Filed May 18, 2012, by CBS Interactive, The New York Times, Best Buy, G4 Media, Bravo Media and Phoenix Newspapers.  The ‘838 patent is currently the subject of seven infringement actions.

The following ex parte requests were filed:

(1)         90/012,294 (electronically filed) – U.S. Patent No. 5,533,259 entitled METHOD OF MAKING AN EVAPORATOR OR EVAPORATOR/CONDENSER and owned by Modine.  Filed May 14, 2012.  

(2)         90/012,295 (electronically filed) – U.S. Patent No. 6,397,469 entitled METHOD FOR SECURING WORKPIECES TOGETHER and owned by Verco Decking.  Filed May 14, 2012, by Consolidated Systems.  The ‘469 patent is currently the subject of a litigation styled Verco Decking v. Consolidated Systems (Case No. 2:11-cv-2516 (D. Ariz.)). 

(3)         90/012,296 (electronically filed) – U.S. Patent No. 6,212,932 entitled PNEUMATIC SHEAR FOR FORMING STRUCTURAL LOUVERS and owned by Verco Decking.  Filed May 14, 2012, by Consolidated Systems.  The ‘932 patent is currently the subject of a litigation styled Verco Decking v. Consolidated Systems (Case No. 2:11-cv-2516 (D. Ariz.)). 

(4)         90/012,297 (electronically filed) – U.S. Patent No. 5,799,320 entitled REMOTE MULTIPLE-USER EDITING SYSTEM AND METHOD and owned by Edisync Systems.  Filed May 15, 2012.   The ‘320 patent is currently the subject of a litigation styled Edisync Systems v. Centra Software (Case No. 3-cv-1587 (D. Col.)). 

(5)         90/012,298 (electronically filed) – U.S. Patent No. 7,776,129 entitled APPARATUS AND PROCESS FOR MAKING HIGH PURITY NICKEL and owned by CVMR.  Filed May 16, 2012.  

 

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