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NetApp Requests Reexamination of PersonalWeb, Week of July 22, 2013
| July 29, 2013
On Friday, NetApp requested ex parte reexamination of PersonalWeb’s U.S. Patent No. 5,978,791 (see ex parte reexamination No. (9)). The ‘791 patent claims a data processing system in which “the identity of a data item is independent of its name, origin, location, address, or other information not derivable directly from the data, and depends only on the data itself.” PersonalWeb Technologies has asserted the ‘791 patent in 18 separate infringement actions, including cases against Facebook (Case No. 5:13-cv-01356 (N.D. Cal.)), Google (Case No. 5:13-cv-01317 (N.D. Cal.)), IBM (Case No. 6:12-cv-00661 (E.D. Tex.)), Apple (Case No. 6:12-cv-00660 (E.D. Tex.)), Microsoft (Case No. 6:12-cv-00663 (E.D. Tex.)), Yahoo! (Case No. 6:12-cv-00658 (E.D. Tex.)), and Amazon (Case No. 6:11-cv-00658 (E.D. Tex.)).
At the request of EMC and VMware, the Patent Office instituted an inter partes review of most of the claims of the ‘791 patent on May 17th. NetApp’s stated goal in Friday’s reexamination request is to challenge one of the ‘791 claims not under consideration in the review proceeding. Given the advanced stage of the review, it seems unlikely that the Patent Office would merge the review and reexamination. Earlier in the week, the Board denied a petition by NetApp for inter partes review of the ‘791 patent, finding the petition was filed more than one year after PersonalWeb had served a complaint for infringement of the ‘791 patent on NetApp.
The following inter partes review requests were filed:
(1) IPR2013-00461 (electronically filed) – U.S. Patent No. 6,678,442 entitled FIBER OPTIC CONNECTOR FOR A SEGMENTED FTTH OPTICAL NETWORK and owned by Pangrac and Associate Development, Inc. Filed July 22, 2013, by CommScope, Inc.
(2) IPR2013-00462 (electronically filed) – U.S. Patent No. 7,266,265 entitled LOW-LOSS SHARED FTTH DISTRIBUTION NETWORK and owned by Pangrac and Associate Development, Inc. Filed July 22, 2013, by CommScope, Inc.
(3) IPR2013-00463 (electronically filed) – U.S. Patent No. 6,702,719 entitled EXERCISE MACHINE and owned by Icon Health & Fitness, Inc. Filed July 23, 2013, by Johnson Health Tech Co., Ltd. The ‘719 patent is currently the subject matter of a litigation styled Icon Health & Fitness, Inc. v. Johnson Health Tech North America, Inc. (Case No. 2:12-cv-00709 (E.D. Tex.)).
(4) IPR2013-00464 (electronically filed) – U.S. Patent No. 8,298,123 entitled METHOD AND APPARATUS FOR REMOTE INTERACTIVE EXERCISE AND HEALTH EQUIPMENT and owned by Icon Health & Fitness, Inc. Filed July 23, 2013, by Johnson Health Tech Co., Ltd. The ‘123 patent is currently the subject matter of a litigation styled Icon Health & Fitness, Inc. v. Johnson Health Tech North America, Inc. (Case No. 2:12-cv-00709 (E.D. Tex.)).
(5) IPR2013-00465 (electronically filed) – U.S. Patent No. 8,364,295 entitled INTERACTIVE SOUND REPRODUCING and owned by Bose Corporation. Filed July 25, 2013, by SDI Technologies, Inc. The ‘295 patent is currently the subject matter of a litigation styled Bose Corporation v. SDI Technologies, Inc. (Case No. 13-cv-10277-WGY (D. Mass.)).
(6) IPR2013-00466 (electronically filed) – U.S. Patent No. 7,734,752 entitled INTELLIGENT INTEGRATED NETWORK SECURITY DEVICE FOR HIGH-AVAILABILITY APPLICATIONS and owned by Juniper Networks, Inc. Filed July 23, 2013, by Palo Alto Networks, Inc. The ‘752 patent is currently the subject matter of a litigation styled Juniper Networks, Inc. v. Palo Alto Networks, Inc. (Case No. 11-1258-SLR (D. Del.)).
(7) IPR2013-00468 & IPR2013-00469 (electronically filed) – U.S. Patent No. 7,516,192 entitled NETWORKED SYSTEM FOR INTERACTIVE COMMUNICATION AND REMOTE MONITORING OF INDIVIDUALS and owned by Health Hero Network. Filed July 24, 2013, by Cardiocom, LLC. The ‘192 patent is currently the subject matter of a litigation styled Robert Bosch Healthcare Systems v. Cardiocom, LLC and Abbott Diabetes Care (Case No. 2:13-cv-00349 (E.D. Tex.)).
The following ex parte requests were filed:
(1) 90/012,923 (electronically filed) – U.S. Patent No. 7,065,931 entitled FLOOR STRIP and owned by Pergo Ab. Filed on July 23, 2013.
(2) 90/012,924 (electronically filed) – U.S. Patent No. 5,414,650 entitled PARSING INFORMATION ONTO PACKETS USING CONTEXT-INSENSITIVE PARSING RULES BASED ON PACKET CHARACTERISTICS and owned by Compression Technology Solutions, LLC. Filed on July 23, 2013. The ‘650 patent is currently the subject matter of a litigation styled Compression Technology Solutions LLC v. CA, Inc., et al. (Case No. 5:12-cv-01746 (N.D. Cal.)); Compression Technology Solutions LLC v. CA, Inc., et al. (Case No. 4:12-cv-01746 (N.D. Cal.)); Compression Technology Solutions LLC v. CA, Inc., et al. (Case No. 4:11-cv-01579 (E.D.Mo.)).
(3) 90/012,925 (electronically filed) – U.S. Patent No. 8,069,797 entitled CONTROL OF MERCURY EMISSIONS FROM SOLID FUEL COMBUSTION and owned by Alstom Technology, Ltd. Filed on July 23, 2013.
(4) 90/012,926 (electronically filed) – U.S. Patent No. 8,079,388 entitled REFILL PERFUME BOTTLE and owned by Beauty Union Global Ltd. Filed on July 24, 2013.
(5) 90/012,927 (electronically filed) – U.S. Patent No. 8,146,380 entitled ROCKER CHILLER WITH IMPROVED PRODUCT MOISTURE RETENTION and owned by Inventor. Filed on July 25, 2013 by Cooling & Applied Technology, Inc.
(6) 90/012,928 (electronically filed) – U.S. Patent entitled DEBARKING CHAIN WITH PASSING LINKS. Filed on July 25, 2013.
(7) 90/012,929 (electronically filed) – U.S. Patent No. 5,611,346 entitled METHOD OF INTERFERENCE-TOLERANT TRANSMISSION OF HEARTBEAT SIGNALS and owned by Polar Electro Oy. Filed on July 26, 2013.
(8) 90/012,930 (electronically filed) – U.S. Patent No. 7,330,695 entitled BUS POWERED WIRELESS TRANSMITTER and owned by Rosemount, Inc. Filed on July 26, 2013.
(9) 90/012,931 (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 on July 26, 2013 by NetApp. PersonalWeb Technologies has asserted the ‘791 patent against a plethora of alleged infringers, including Facebook (Case No. 5:13-cv-01356 (N.D. Cal.)), Google (Case No. 5:13-cv-01317 (N.D. Cal.)), IBM (Case No. 6:12-cv-00661 (E.D. Tex.)), Apple (Case No. 6:12-cv-00660 (E.D. Tex.)), Microsoft (Case No. 6:12-cv-00663 (E.D. Tex.)), Yahoo! (Case No. 6:12-cv-00658 (E.D. Tex.)), and Amazon (Case No. 6:11-cv-00658 (E.D. Tex.)).
(10) 90/012,932 (electronically filed) – U.S. Patent No. 7,985,414 entitled POLYURETHANES FOR OSTEOIMPLANTS and owned by Warsaw Orthopedic, Inc. Filed on July 26, 2013.
