Microsoft Challenges Motorola Videogame Console Patent, Week of July 1, 2013

| July 9, 2013

Last Monday Microsoft requested ex parte reexamination of a Motorola videogame console patent (see ex parte Request No. (1)).  Motorola’s patent was the subject of a major U.S. International Trade Commission investigation.  That investigation concluded in early June when the ITC ruled that Motorola had failed to prove infringement.  A parallel infringement action is underway in Wisconsin.

The number of pharmaceutical patents challenged in inter partes review proceedings continues to grow – most notable last week were requests filed by Apotex against three Alcon patents claiming “multi-dose, self-preserved ophthalmic compositions … [that] possess sufficient antimicrobial activity to satisfy USP preservative efficacy requirements” (see inter partes review Request Nos. (13), (14) & (15)).

The following inter partes review requests were filed:

(1)         IPR2013-00326 (electronically filed) – U.S. Patent No. 6,665,003 entitled SYSTEM AND METHOD FOR GENERATING AND DISPLAYING PANORAMIC IMAGES AND MOVIES and owned by Yissum Research Development Company of the Hebrew University of Jerusalem. Filed on July 3, 2013, by Sony. The ‘003 patent is currently the subject matter of a litigation styled HumanEyes Technologies Ltd. v. Sony Electronics, Inc., et al (Case No. 1:12-cv-00398 (D. Del.)). Sony had previously requested inter partes review of the ‘003 patent (see IPR2013-00218), and is seeking joinder with that proceeding.

(2)         IPR2013-00327 (electronically filed) – U.S. Patent No. 7,477,284 entitled SYSTEM AND METHOD FOR CAPTURING AND VIEWING STEREOSCOPIC PANORAMIC IMAGES and owned by Yissum Research Development Company of the Hebrew University of Jerusalem. Filed on July 3, 2013, by Sony. The ‘284 patent is currently the subject matter of a litigation styled HumanEyes Technologies Ltd. v. Sony Electronics, Inc., et al (Case No. 1:12-cv-00398 (D. Del.)). Sony had previously requested inter partes review of the ‘284 patent (see IPR2013-00219), and is seeking joinder with that proceeding.

(3)         IPR2013-00393 & IPR2013-00394 (electronically filed) – U.S. Patent No. 7,418,504 entitled AGILE NETWORK PROTOCOL FOR SECURE COMMUNICATIONS USING SECURE DOMAIN NAMES and owned by VirnetX, Inc. and Science Application International Corp. Filed on July 1, 2013, by Apple. The ‘504 patent is currently the subject matter of a number of litigations in the Eastern District of Texas, including VirnetX, Inc. v. Apple, Inc. (Case No. 6:13-cv-00211-LED); VirnetX, Inc. and Science Applications International Corporation v. Apple, Inc. (Case No. 6:12-cv-00855-LED); and VirnetX, Inc. v. Cisco Systems, Inc., et al. (Case No. 6:10-cv-00417).

(4)         IPR2013-00397 & IPR2013-00398 (electronically filed) – U.S. Patent No. 7,921,211 entitled AGILE NETWORK PROTOCOL FOR SECURE COMMUNICATIONS USING SECURE DOMAIN NAMES and owned by VirnetX, Inc. and Science Application International Corp. Filed on July 1, 2013, by Apple. The ‘211 patent is currently the subject matter of a litigation styled VirnetX, Inc. v. Apple, Inc. (Case No. 6:13-cv-00211-LED (E.D. Tex.)); VirnetX, Inc. and Science Applications International Corporation v. Apple, Inc. (Case No. 6:12-cv-00855-LED (E.D. Tex.)); and VirnetX, Inc. v. Cisco Systems, Inc., et al. (Case No. 6:10-cv-00417 (E.D. Tex.)).

(5)         IPR2013-00400 (electronically filed) – U.S. Patent No. 6,397,143 entitled LAYOUT BASED METHOD FOR MAP NAVIGATION and owned by Inventor. Filed on July 2, 2013, by General Growth Properties, Inc. Patent Owner had asserted the ‘143 patent against a number of alleged infringers, including General Growth Properties, Inc. (Case No. 12-1523-SLR (D. Del.)); The Macerich Partnership, LP (Case No. 12-1571-SLR (D. Del.)); Triple Five Worldwide Development Co. LLC (Case No. 12-1573-SLR (D. Del.)); and Westfield Concession Management, LLC (Case No. 12-1532-SLR (D. Del.)).

(6)         IPR2013-00404 (electronically filed) – U.S. Patent No. 5,527,533 entitled METHOD OF RETARDING AND AMELIORATING CENTRAL NERVOUS SYSTEM AND EYE DAMAGE and owned by University of Illinois. Filed on June 29, 2013, by Cyanotech Corporation. The ‘533 patent is currently the subject matter of a litigation styled U.S. Nutraceuticals LLC d/b/a Valensa International, and The Board of Trustees of the University of Illinois vs. Cyanotech Corp. and Nutrex Hawaii, Inc. (Case No. 5:12-cv-366-oc-10PRL (M.D. Fla.)).

(7)         IPR2013-00406 (electronically filed) – U.S. Patent No. 5,936,541 entitled METHOD FOR SECURING INFORMATION RELEVANT TO A TRANSACTION and owned by Inventor. Filed on July 1, 2013, by Federal Reserve Bank of Boston. The ‘541 patent is currently the subject matter of a litigation styled Leon Stambler v. Federal Reserve Bank of Atlanta et al. (Case No. 2:12-cv-611-JRG (E.D. Tex.)). The Federal Reserve Bank of Atlanta had previously requested inter partes review of a number of claims of the ‘541 patent (see IPR2013-00344).

(8)         IPR2013-00407 (electronically filed) – U.S. Patent No. 8,408,598 entitled ANTI-TIP SYSTEM FOR A POWER WHEELCHAIR and owned by Pride Mobility Product Corp. Filed on July 1, 2013, by Permobil, Inc. The ‘598 patent is currently the subject matter of a litigation styled Pride Mobility Products Corp. v. Permobil, Inc. (Case No. 2:13-cv-01999-LDD (E.D. Pa.)).

(9)         IPR2013-00408 (electronically filed) – U.S. Patent No. 5,563,377 entitled TELECOMMUNICATIONS CABLE and owned by Belden, Inc. Filed on July 1, 2013, by Hitachi Cable America, Inc. The ‘377 patent is currently the subject matter of a litigation styled Belden, Inc. v. Hitachi Cable America, Inc., et al. (Case No. 1:12-cv-1724 (S. D. Ind.)).

(10)     IPR2013-00409 (electronically filed) – U.S. Patent No. 5,793,302 entitled METHOD FOR SECURING INFORMATION RELEVANT TO A TRANSACTION and owned by Inventor. Filed on July 1, 2013, by Federal Reserve Bank of Boston. The ‘302 patent is currently the subject matter of a litigation styled Leon Stambler v. Federal Reserve Bank of Atlanta et al. (Case No. 2:12-cv-611-JRG (E.D. Tex.)). The Federal Reserve Bank of Atlanta had previously requested inter partes review of a number of claims of the ‘302 patent (see IPR2013-00341).

(11)     IPR2013-00411 (electronically filed) – U.S. Patent No. 8,408,343 entitled POWERED WHEELCHAIR CONFIGURATIONS AND RELATED METHODS OF USE and owned by Pride Mobility Product Corp. Filed on July 1, 2013, by Permobil, Inc. The ‘343 patent is currently the subject matter of a litigation styled Pride Mobility Products Corp. v. Permobil, Inc. (Case No. 2:13-cv-01999-LDD (E.D. Pa.)).

(12)     IPR2013-00418 (electronically filed) – U.S. Patent No. RE36,362 entitled POLYMER LINERS IN ROD PUMPING WELLS and owned by Wagon Trail Ventures, Inc. Filed on July 3, 2013, by Moore Rod & Pipe, LLC. SELF

(13)     IPR2013-00428 (electronically filed) – U.S. Patent No. 8,268,299 entitled PRESERVED AQUEOUS PHARMACEUTICAL COMPOSITIONS and owned by Alcon.  Filed July 5, 2013 by Apotex.

(14)     IPR2013-00429 (electronically filed) – U.S. Patent No. 8,323,680 entitled PRESERVED AQUEOUS PHARMACEUTICAL COMPOSITIONS and owned by Alcon.  Filed July 5, 2013 by Apotex.

(15)     IPR2013-00430 (electronically filed) – U.S. Patent No. 8,388,941 entitled PRESERVED AQUEOUS PHARMACEUTICAL COMPOSITIONS and owned by Alcon.  Filed July 5, 2013 by Apotex.

The following ex parte requests were filed:

(1)         90/012,905 (electronically filed) – U.S. Patent No. 6,069,896 entitled CAPABILITY ADDRESSABLE NETWORK AND METHOD THEREFOR and owned by Motorola Mobility. Filed July 2, 2013 by Microsoft. The ‘896 patent is currently the subject matter of a litigation styled Motorola Mobility, Inc. and General Instrument Corporation v. Microsoft Corporation (Case No. 10-cv-700 (W.D. Wis.)); Motorola Mobility, Inc. and General Instrument Corporation v. Microsoft Corporation (Inv. No. 337-TA-752 (USITC)).

(2)          90/012,906 (electronically filed) – U.S. Patent No. 6,359,547 entitled ELECTRONIC ACCESS CONTROL DEVICE and owned by Micro Enhanced Technology, Inc. Filed on July 3, 2013 likely by Videx, Inc.

(3)         90/012,907 (electronically filed) – U.S. Patent No. 7683758 entitled ELECTRONIC ACCESS CONTROL DEVICE and owned by Micro Enhanced Technology, Inc. Filed on July 3, 2013 by Videx, Inc. The ‘758 patent is currently the subject matter of a litigation styled Micro Enhanced Technology, Inc. v. Videx, Inc., et al. (Case No. 1:11-cv-05506 (N.D. Ill.)).

(4)         90/012,908 (electronically filed) – U.S. Patent No. 7,741,952 entitled ELECTRONIC ACCESS CONTROL DEVICE and owned by Micro Enhanced Technology, Inc. Filed on July 3, 2013, by Videx, Inc. The ‘952 patent is currently the subject matter of a litigation styled Micro Enhanced Technology, Inc. v. Videx, Inc., et al. (Case No. 1:11-cv-05506 (N.D. Ill.)).

(5)         90/012,909 (electronically filed) – U.S. Patent No. 7,506,190 entitled THERMAL AND POWER MANAGEMENT FOR COMPUTER SYSTEMS and owned by Inventor. Filed on July 3, 2013, likely by Acer. The ‘190 patent is currently the subject matter of a litigation style IpVenture, Inc. v. Acer, Inc. (Case No. 11-588-RGA (D. Del.)).

(6)         90/012,910 (electronically filed) – U.S. Patent No. 7,314,099 entitled SELECTIVELY ACTUATABLE EXPANDABLE UNDERREAMER / STABILIZER and owned by Smith International, Inc. Filed on July 3, 2013. The ‘099 patent is currently the subject matter of a litigation styled Schlumberger Technology Corp., Smith International, Inc., and Specialised Petroleum Services Group, Ltd. v. Baker Hughes, Inc. (Case No. 4:12-cv-03573 (S.D. Tex.)).

(7)         90/012,911 (electronically filed) – U.S. Patent No. 7,937,599 entitled THERMAL AND POWER MANAGEMENT FOR COMPUTER SYSTEMS and owned by Inventor. Filed on July 3, 2013, likely by Acer. The ‘599 patent is currently the subject matter of a litigation style IpVenture, Inc. v. Acer, Inc. (Case No. 11-588-RGA (D. Del.)).

(8)         90/012,912 (electronically filed) – U.S. Patent No. 6,732,817 entitled EXPANDABLE UNDERREAMER/STABILIZER and owned by Smith International, Inc. Filed on July 3, 2013, likely by Baker Hughes. The ‘817 patent is currently the subject matter of a litigation styled Schlumberger Technology Corp., Smith International, Inc., and Specialised Petroleum Services Group, Ltd. v. Baker Hughes, Inc. (Case No. 4:12-cv-03573 (S.D. Tex.)).

(9)         90/012,913 (electronically filed) – U.S. Patent No. 6,246,323 entitled VEHICLE TRACKING SYSTEM and owned by SC Holdings, LLC. Filed on July 3, 2013.

(10)     90/012,914 (electronically filed) – U.S. Patent No. 6129978 entitled POROUS WEBS HAVING A POLYMER COMPOSITION CONTROLLABLY PLACED THEREIN and owned by Nextec Applications Inc. Filed on July 3, 2013. The ‘978 patent is currently the subject matter of a litigation styled Nextec Applications, Inc. v. United States (Case No. 13-242 (Ct. Fed. Cl.)).

 

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