Seventeen Inter Partes Review Requests Filed, Week of December 17, 2012

| December 26, 2012

That’s right, seventeen.  Inter partes review, despite its high filing fee, certainly seems to be catching on, especially among the major electronics and Internet companies.  Apple requested review of two information distribution patents owned by Achates Reference Publishing (see inter partes review Request Nos. (1) & (2)).  The other requesters are EMC, Oracle, Sony/Axis, Motorola and Honeywell.  Each of the patents is involved in an infringement action.

There were also a healthy number of ex parte requests filed, most notably an anonymous request filed against Apple’s U.S. Patent No. RE41,922 which is the subject of an ITC investigation pursued by Apple (see ex parte Request No (5)).  The volume of filings appears to be returning to more normal levels, slowly recovering from the flood of requests filed the first two weeks of September to avoid the filing fee increases. 

The following inter partes review requests were filed:

(1)         IPR2013-00080 (electronically filed) – U.S. Patent No. 6,173,403 entitled METHOD AND APPARATUS FOR DISTRIBUTING INFORMATION PRODUCTS and owned by Achates Reference Publishing, Inc.  Filed December 14, 2012 by Apple.  The ‘403 patent is currently the subject of a litigation styled Achates Reference Publishing, Inc. v. Symantec Corporation et al. (Case No. 2:11-cv-00294-CE (E.D. Tex.)).

(2)         IPR2013-00081 (electronically filed) – U.S. Patent No. 5,982,889 entitled METHOD AND APPARATUS FOR DISTRIBUTING INFORMATION PRODUCTSand owned by Achates Reference Publishing, Inc.  Filed December 15, 2012 by Apple.  The ‘889 patent is currently the subject of a litigation styled Achates Reference Publishing, Inc. v. Symantec Corporation et al. (Case No. 2:11-cv-00294-CE (E.D. Tex.)).

(3)         IPR2013-00082 (electronically filed) – U.S. Patent No. 5,978,791 entitled DATA PROCESSING SYSTEM USING SUBSTANTIALLY UNIQUE IDENTIFIERS TO IDENTIFY DATA ITEMS, WHEREBY IDENTICAL DATA ITEMS HAVE THE SAME IDENTIFIERS and owned by PersonalWeb Technologies LLC.  Filed December 15, 2012 by EMC Corporation and VMware, Inc.  The ‘791 patent is currently the subject of a litigation styled PersonalWeb Technologies LLC v. EMC Corporation and VMware, Inc. (Case No. 6:11-cv-00660-LED (E.D. Tex.)).

(4)         IPR2013-00083 (electronically filed) – U.S. Patent No. 6,415,280 entitled IDENTIFYING AND REQUESTING DATA IN A NETWORK USING IDENTIFIERS WHICH ARE BASED ON THE CONTENT OF THE DATA and owned by PersonalWeb Technologies LLC.  Filed December 16, 2012 by EMC Corporation.  The ‘280 patent is currently the subject of a litigation styled PersonalWeb Technologies LLC v. EMC Corporation and VMware, Inc. (Case No. 6:11-cv-00660-LED (E.D. Tex.)).  Also of interest is the petitioners’ request that the PTAB stay, sua sponte, all ex parte prosecution of several of PersonalWeb Technologies’ continuing applications that depend from the patents in IPR.  The petitioners argue that since the continuations share a common disclosure with the parent patents, the claims in the continuations may be patentably indistinguishable from the claims in parent patents, and if issued, would run afoul of 37 C.F.R. 42.73(d).  The petitioner in Chi Mei Innolux v. Semiconductor Energy Laboratory, IPR2013-00028, attempted a similar argument, unsuccessfully, when it relied on 37 C.F.R. 42.3 in asking the PTAB to stop prosecution of pending applications that are related to the patent in IPR.

(5)         IPR2013-00084 (electronically filed) – U.S. Patent No. 7,945,544 entitled SIMILARITY-BASED ACCESS CONTROL OF DATA IN A DATA PROCESSING SYSTEM and owned by PersonalWeb Technologies LLC.  Filed December 17, 2012 by EMC Corporation.  The ‘544 patent is currently the subject of a litigation styled PersonalWeb Technologies LLC v. EMC Corporation and VMware, Inc. (Case No. 6:11-cv-00660-LED (E.D. Tex.)).

(6)         IPR2013-00085 (electronically filed) – U.S. Patent No. 7,945,539 entitled DISTRIBUTING AND ACCESSING DATA IN A DATA PROCESSING SYSTEM and owned by PersonalWeb Technologies LLC.  Filed December 17, 2012 by EMC Corporation.  The ‘539 patent is currently the subject of a litigation styled PersonalWeb Technologies LLC v. EMC Corporation and VMware, Inc. (Case No. 6:11-cv-00660-LED (E.D. Tex.)).

(7)         IPR2013-00086 (electronically filed) – U.S. Patent No. 7,949,662 entitled DE-DUPLICATION OF DATA IN A DATA PROCESSING SYSTEM and owned by PersonalWeb Technologies LLC.  Filed December 17, 2012 by EMC Corporation.  The ‘662 patent is currently the subject of a litigation styled PersonalWeb Technologies LLC v. EMC Corporation and VMware, Inc. (Case No. 6:11-cv-00660-LED (E.D. Tex.)).

(8)         IPR2013-00088 (electronically filed) – U.S. Patent No. 7,254,621 entitled TECHNIQUE FOR ENABLING REMOTE DATA ACCESS AND MANIPULATION FROM A PERVASIVE DEVICE and owned by Clouding IP, LLC.  Filed December 17, 2012 by Oracle.  The ‘621 patent is currently the subject of a litigation styled Clouding IP, LLC v. Oracle Corp. (Case No. 1:12-cv-00642 (D. Del.)).

(9)         IPR2013-00089 (electronically filed) – U.S. Patent No. 6,631,449 entitled DYNAMIC DISTRIBUTED DATA SYSTEM AND METHOD and owned by Clouding IP, LLC.  Filed December 17, 2012 by Oracle.  The ‘449 patent is currently the subject of a litigation styled Clouding IP, LLC v. Oracle Corp. (Case No. 1:12-cv-00642 (D. Del.)).

(10)     IPR2013-00090 (electronically filed) – U.S. Patent No. 5,495,607 entitled NETWORK MANAGEMENT SYSTEM HAVING VIRTUAL CATALOG OVERVIEW OF FILES DISTRIBUTIVELY STORED ACROSS NETWORK DOMAIN and owned by Clouding IP, LLC.  Filed December 18, 2012 by Oracle.  The ‘607 patent is currently the subject of a litigation styled Clouding IP, LLC v. Oracle Corp. (Case No. 1:12-cv-00642 (D. Del.)).  The case was originally captioned STEC IP, LLC v. Oracle Corp. until STEC IP, LLC changed its name to Clouding IP, LLC.

(11)     IPR2013-00091 (electronically filed) – U.S. Patent No. 5,678,042 entitled NETWORK MANAGEMENT SYSTEM HAVING HISTORICAL VIRTUAL CATALOG SNAPSHOTS FOR OVERVIEW OF HISTORICAL CHANGES TO FILES DISTRIBUTIVELY STORED ACROSS NETWORK DOMAIN and owned by Clouding IP, LLC.  Filed December 18, 2012 by Oracle.  The ‘042 patent is currently the subject of a litigation styled Clouding IP, LLC v. Oracle Corp. (Case No. 1:12-cv-00642 (D. Del.)).

(12)     IPR2013-00092 (electronically filed) – U.S. Patent No. 6,218,930 entitled APPARATUS AND METHOD FOR REMOTELY POWERING ACCESS EQUIPMENT OVER A 10/100 SWITCHED ETHERNET NETWORK and owned by Network-1 Security Solutions, Inc.  Filed December 20, 2012 by Sony, Axis Communications.  The ‘930 patent is currently the subject of litigation styled Network-1 Security Solutions, Inc. v. Alcatel-Lucent USA Inc., et al. (Case No. 6:11-cv-00492-LED (E.D. Tex.)); Avaya Inc. v. Network-1 Security Solutions, Inc. (Case No. 6:11 cv492 (E.D. Tex.)). Avaya requested inter partes review of the ‘930 patent in early December (IPR2013-00071).

(13)     IPR2013-00093 (electronically filed) – U.S. Patent No. 6,065,880 entitled LASER ENHANCED PERSONAL DATA ASSISTANT and owned by Mobile Scanning Technologies, LLC.  Filed December 21, 2012 by Motorola Solutions, Inc.

(14)     IPR2013-00094 (electronically filed) – U.S. Patent No. 7,596,784 entitled METHOD SYSTEM AND APPARATUS FOR PROVIDING PAY-PER-USE DISTRIBUTED COMPUTING RESOURCES and owned by Clouding IP, LLC.  Filed December 21, 2012 by Oracle.  The ‘784 patent is currently the subject of a litigation styled Clouding IP, LLC v. Oracle Corp. (Case No. 1:12-cv-00642 (D. Del.)).

(15)     IPR2013-00095 (electronically filed) – U.S. Patent No. 5,944,839 entitled SYSTEM AND METHOD FOR AUTOMATICALLY MAINTAINING A COMPUTER SYSTEM and owned by Clouding IP, LLC.  Filed December 21, 2012 by Oracle.  The ‘839 patent is currently the subject of a litigation styled Clouding IP, LLC v. Oracle Corp. (Case No. 1:12-cv-00642 (D. Del.)).

(16)     IPR2013-00096 (electronically filed) – U.S. Patent No. 5,590,642 entitled CONTROL METHODS AND APPARATUS FOR GAS-FIRED COMBUSTORSand owned by HVAC Modulation Technologies, LLC.  Filed December 21, 2012 by Honeywell International Inc.  The ‘642 patent is currently the subject of a litigation styled HVAC Modulation Technologies, LLC v. Lennox Indus, Inc. (Case No. 0:12-CV-02529-MJD-JJG (D. Minn.)). HVAC Modulation Technologies asserted the same patent against Trans U.S., Nordyne, Goodman Global, and Carrier Corporation in a series of separate litigations in the same district.

(17)     IPR2013-00098 (electronically filed) – U.S. Patent No. 6,918,014 entitled DYNAMIC DISTRIBUTED DATA SYSTEM AND METHOD and owned by Clouding IP, LLC.  Filed December 21, 2012 by Oracle.  The ‘014 patent is currently the subject of a litigation styled Clouding IP, LLC v. Oracle Corp. (Case No. 1:12-cv-00642 (D. Del.)).  Oracle continues to make good on its promise to request IPR of all eleven patents asserted in the case.

The following ex parte requests were filed:

(1)         90/012,740 (electronically filed) – U.S. Patent No. 6,111,023 entitled FABRICATED ARTICLES MADE FROM ETHYLENE POLYMER BLENDS and owned by the Dow Chemical Company.  Filed December 17, 2012.  The ‘023 patent is currently the subject of a litigation styled The Dow Chemical Company v. Nova Chemicals Corporation et al. (Case No. 1:05-cv-00737-LPS (D. Del.)).

(2)         90/012,741 (electronically filed) – U.S. Patent No. 5,847,053 entitled ETHYLENE POLYMER FILM MADE FROM ETHYLENE POLYMER BLENDS and owned by the Dow Chemical Company.  Filed December 17, 2012.  The ‘053 patent is currently the subject of a litigation styled The Dow Chemical Company v. Nova Chemicals Corporation et al. (Case No. 1:05-cv-00737-LPS (D. Del.)).

(3)         90/012,742 (electronically filed) – U.S. Patent No. 7,306,408 entitled ROTARY CUTTING TOOL and owned by SGS Tool Company.  Filed December 17, 2012.

(4)         90/012,743 (electronically filed) – U.S. Patent No. 5,862,511 entitled VEHICLE NAVIGATION SYSTEM AND METHOD and owned by Beacon Navigation GmbH.  Filed December 17, 2012 by Volkswagen Group of America.  The ‘511 patent is currently the subject of a litigation styled Beacon Navigation GmbH v. Volkswagen Group of America, Inc. (Case No. 1:11-CV-00958-GMS (D. Del.)).

(5)         90/012,744 (electronically filed) – U.S. Patent No. RE41,922 entitled METHOD AND APPARATUS FOR PROVIDING TRANSLUCENT IMAGES ON A COMPUTER DISPLAY and owned by Apple.  Filed December 18, 2012.  The ‘922 patent is currently the subject of a litigation at the International Trade Commission (ITC) styled Certain Electronic Digital media Devices and Components Thereof (Inv. No. 337-TA-796).

(6)         90/012,745 (electronically filed) – U.S. Patent No. RE40,812 entitled NASAL CALCITONIN FORMULATION and owned by Unigene Laboratories, Inc.  Filed December 20, 2012. The ‘812 patent is currently the subject of litigation styled Unigene v. Apotex (Case No. 2010-1006 (Fed. Cir.)); Unigene Laboratories, Inc. and Upsher-Smith Laboratories, Inc. v. Apotex (Case No. 06/CV-5571 (S.D.N.Y.)).

(7)         90/012,746 (electronically filed) – U.S. Patent No. 7,615,795 entitled SOLID STATE WHITE LIGHT EMITTER AND DISPLAY USING SAME and owned by Cree, Inc.  Filed December 20, 2012.

(8)         90/012,747 (electronically filed) – U.S. Patent No. 6,246,400 entitled DEVICE FOR CONTROLLING REMOTE INTERACTIVE RECEIVER and owned by Tugaloo Lavonia GmbH, LLC.  Filed December 20, 2012.  The ‘400 patent is currently the subject of a litigation styled Olympic Dev. AG, LLC v. AT&T Inc. et al. (Case No. 2:10-cv-08545-GW-PLA (C.D. Cal.)).

(9)         90/012,748 (electronically filed) – U.S. Patent No. 7,943,945 entitled SOLID STATE WHITE LIGHT EMITTER AND DISPLAY USING SAME and owned by Cree, Inc.  Filed December 21, 2012.

(10)     90/012,749 (electronically filed) – U.S. Patent No. 7,114,990 entitled COAXIAL CABLE CONNECTOR WITH GROUNDING MEMBER and owned by Corning Inc.  Filed December 21, 2012 by PPC Broadband, Inc.  The ‘990 patent is currently the subject of a litigation styled Corning Gilbert Inc. v. John Mezzalingua Associates, Inc. d/b/a PPC (Case No. 2:12-cv-02208-SRB (D. Ariz.)).

(11)     90/012,750 (electronically filed) – U.S. Patent No. 6,538,222 entitled PUSH BUTTON SWITCH APPARATUS AND METHOD OF ASSEMBLING THE SAME and owned by Darfon Electronics Corp.  Filed December 21, 2012. 

(12)     90/012,751 (electronically filed) – U.S. Patent No. 6,381,028 entitled METHOD OF UTILIZING VARIABLE DATA FIELDS WITH A PAGE DESCRIPTION LANGUAGE and owned by Tesseron, Ltd.  Filed December 21, 2012 by Océ N.V.  The ‘028 patent is currently the subject of a litigation styled Tesseron, Ltd. v. Océ N.V. and Océ North America, Inc. (Case No. 6:10–cv–00909–GAP–GJK (M.D. Fla.)); Tesseron, Ltd. v. Punch International NV et al. (Case No. 6:10–cv–00909–GAP–GJK (M.D. Fla.)).

(13)      90/012,752 (electronically filed) – U.S. Patent No. 6,771,387 entitled MMETHOD OF UTILIZING VARIABLE DATA FIELDS WITH A PAGE DESCRIPTION LANGUAGE and owned by Tesseron, Ltd.  Filed December 21, 2012 by Océ N.V.  The ‘028 patent is currently the subject of a litigation styled Tesseron, Ltd. v. Océ N.V. and Océ North America, Inc. (Case No. 6:10–cv–00909–GAP–GJK (M.D. Fla.)); Tesseron, Ltd. v. Punch International NV et al. (Case No. 6:10–cv–00909–GAP–GJK (M.D. Fla.)).

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