Nucleotide Sequencing Patent Dispute Escalates, Week of August 19, 2013

| August 26, 2013

The litigation heated up last week between Illumina Cambridge on the one hand, and Intelligent Bio-Systems (IBS) and its partner Columbia University, on the other, when IBS filed two inter partes review requests against Illumina’s U.S. Patent 7,566,537 (see inter partes review Request No. (1)). The ‘537 patent claims “nucleotides having a removable label and their use in polynucleotide sequencing methods.”  IBS had previously requested inter partes reviews for two other Illumina patents that were asserted against IBS in the Delaware action (see IPR2013-00128 and IPR2013-00324 (US Patent No. 7,057,026); IPR2013-00266 (US Patent No. 8,158,346)).  Meanwhile, Illumina has previously sought inter partes review of several of Columbia University’s patents (see IPR2012-00006; IPR2012-000007; IPR2013-00011).

Clouding IP was once again the target of a review request, this one filed by Rackspace Hosting against U.S. Patent No. 7,032,089 (see inter partes review Request No. (2)). Clouding IP has sued several companies for infringement of the ‘089 patent, among them Amazon, Apple, Google, and Microsoft.

The following inter partes review requests were filed:

(1)               IPR2013-00517 & IPR2013-00518 (electronically filed) – U.S. Patent No. 7,566,537 entitled LABELLED NUCLEOTIDES and owned by Illumina Cambridge, Ltd. Filed on August 19, 2013, by Intelligent Bio-Systems, Inc. (IBS). The ‘537 patent is currently the subject matter of litigations styled The Trustees of Columbia University in the City of New York v. Illumina, Inc. (Case No. 1:12-cv-00376-GMS (D. Del.)).

(2)               IPR2013-00519 (electronically filed) – U.S. Patent No. 7,032,089 entitled REPLICA SYNCHRONIZATION USING COPY-ON-READ TECHNIQUE and owned by Clouding IP, LLC. Filed on August 19, 2013, by Rackspace Hosting, Inc. The ‘089 patent is currently the subject matter of a litigation styled Clouding IP, LLC v. Rackspace Hosting, Inc., et al. (Case No. 1:12-cv-00675 (D. Del.)). Clouding IP has also asserted the ‘089 patent against Amazon.com (Case No. 1:12-cv-00641 (D. Del.)); Apple (Case No. 1:12-cv-00638 (D. Del.)); Google (Case No. 1:12-cv-00639 (D. Del.)); Microsoft (Case No. 1:12-cv-00640 (D. Del.)); Dropbox, Inc. (Case No. 1:13-cv-01454 (D. Del.)); and EMC Corporation (Case No. 1:13-cv-01455 (D. Del.)).

(3)               IPR2013-00520 (electronically filed) – U.S. Patent No. 7,128,617 entitled ELECTRICAL SOCKET ASSEMBLY AND PLUG CONNECTOR COUPLED THERETO and owned by Advanced Connection Technology, Inc. Filed on August 21, 2013, by Honda Tsushin Kogyo Co., Ltd. The ‘617 patent is currently the subject matter of litigations styled Advanced Connection Technology, Inc. v. Canon USA, Inc. (Case No. 4:12-cv-06496-PJH (N.D. Cal.)); Advanced Connection Technology, Inc. v. Toshiba America Information Systems, Inc. (Case No. 4:12-cv-06489-PJH (N.D. Cal.)); and Advanced Connection Technology, Inc. v. Hewlett-Packard Company (Case No. 4:12-cv-06487-PJH (N.D. Cal.)).

(4)               IPR2013-00521 (electronically filed) – U.S. Patent No. 7,839,926 entitled BANDWIDTH MANAGEMENT AND CONTROL and owned by e-Watch, Inc. Filed on August 21, 2013, by Lorex Canada, Inc. The ‘926 patent is currently the subject matter of a litigation styled e-Watch, Inc. v. Lorex Canada, Inc. (Case No. 4:12-cv-3314 (S.D. Tex.)).

(5)               IPR2013-00523 (electronically filed) – U.S. Patent No. 8,121,331 entitled SURFACE MOUNT SILICON CONDENSER MICROPHONE PACKAGE and owned by Knowles Electronics, LLC. Filed on August 22, 2013, by GoreTek Electronics, Inc. The ‘331 patent is currently the subject matter of litigations styled In the Matter of Certain Silicon Microphone Packages and Products Containing Same (Inv. No. 337-TA-888 (USITC)); Knowles Electronics, LLC v. GoreTek, Inc., et al. (Case No. 2013-cv-4586 (N.D. Ill.)).

(6)               IPR2013-00526 (electronically filed) – U.S. Patent No. 8,468,772 entitled CARPET TILES AND CARPET TILE INSTALLATIONS and owned by Interface, Inc. Filed on August 23, 2013, by Tandus Flooring, Inc. The ‘772 patent was filed as a continuation-in-part of a U.S. patent application that ultimately issued as U.S. Patent No. 8,381,473. The ‘473 is currently the subject matter of a litigation styled The ‘282 patent is currently the subject matter of a litigation styled Interface, Inc., et al. v. Tandus Flooring, Inc., et al. (Case No. 4:13-cv-00046 (N.D. Ga.)).

(7)               IPR2013-00527 (electronically filed) – U.S. Patent No. 8,434,282 entitled SYSTEM FOR CARPET TILE INSTALLATION and owned by Interface, Inc. Filed on August 23, 2013, by Tandus Flooring, Inc. The ‘282 patent is currently the subject matter of a litigation styled Interface, Inc., et al. v. Tandus Flooring, Inc., et al. (Case No. 4:13-cv-00046 (N.D. Ga.)).

(8)               IPR2013-00528 (electronically filed) – U.S. Patent No. 8,424,795 entitled WIRE AND CABLE DISPENSING CONTAINER AND SYSTEMS and owned by Windy City Wire Cable and Technology Products, LLC. Filed on August 23, 2013, by Lake Cable, LLC.

The following ex parte requests were filed:

(1)         90/012,955 (electronically filed) – U.S. Patent No. 6,026,804 entitled HEATER FOR FLUIDS and owned by Hayward Industries, Inc. Filed on August 21, 2013. The ‘804 patent is currently the subject matter of a litigation styled Pentair Water Pool and Spa, Inc. v. Hayward Industries, Inc. and Hayward Pool Products, Inc. (Case No. CV-11-10280-GW (C.D. Cal.)).

(2)         90/012,956 (electronically filed) – U.S. Patent No. 7,717,800 entitled SWING WITH A RECLINE MECHANISM AND METHOD OF USING THE SAME and owned by Mattel, Inc. Filed on August 21, 2013.

 

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