Reexamination Requested of Apple “Double-Sided Touch-Sensitive Panel” Patent, Week of July 29, 2013

| August 5, 2013

An unknown party has requested ex parte reexamination of Apple’s U.S. Patent No. 7,920,129 that claims “double-sided touch-sensitive panel” (see ex parte Request No. (2)).  Apple has sued HTC in Delaware for infringement of the ‘129 patent, as well as for three other patents.  The request could have sought inter partes review, which is much more common than ex parte reexamination for such cell phone patents, but such a review request would have required disclosure of the filer’s identity.  With an ex parte reexamination request, Apple is left to guess the filer’s name.

Ex parte reexamination was also requested for Apple’s U.S. Patent No. 7,663,607 (see ex parte Request No. (3)).  Apple’s ‘607 patent was declared invalid over the prior art in an ITC investigation last year – such invalidity determinations by the ITC are not binding on the courts.  As with the ‘129 patent, the identity of the filer is not shown in the Patent Office records.

Facebook, LinkedIn, and Twitter have requested inter partes review of a patent that is owned by Software Rights Archive, and that claims for a system for searching texts (see inter partes review Request No. (6)).  Software Rights has sued those companies for infringement of the patent.

The following inter partes review requests were filed:

(1)               IPR2013-00470 (electronically filed) – U.S. Patent No. 7,709,152 entitled ORGANIC/INORGANIC COMPOSITE SEPARATOR HAVING POROUS ACTIVE COATING LAYER AND ELECTROCHEMICAL DEVICE CONTAINING THE SAME and owned by LG Chem, Ltd. Filed on July 29, 2013, by Ube Maxell Co., Ltd.

(2)               IPR2013-00471 (electronically filed) – U.S. Patent No. 7,695,870 entitled ORGANIC/INORGANIC COMPOSITE SEPARATOR AND ELECTROCHEMICAL DEVICE CONTAINING THE SAME and owned by LG Chem, Ltd. Filed on July 29, 2013, by Ube Maxell Co., Ltd.

(3)               IPR2013-00472 (electronically filed) – U.S. Patent No. 7,518,879 entitled UNIVERSAL SERIAL BUS (USB) MEMORY PLUG and owned by Phison Electronics, Corp. Filed on July 29, 2013, by PNY Technologies, Inc. The ‘879 patent is currently the subject matter of a litigation styled Phison Electronics, Corp. v. PNY Technologies, Inc. (Case No. 1:12-cv-01478-GMS (D. Del.)).

(4)               IPR2013-00473 (electronically filed) – U.S. Patent No. 8,176,267 entitled DATA ACCESSING METHOD FOR FLASH MEMORY STORAGE DEVICE HAVING DATA PERTURBATION MODULE, AND STORAGE SYSTEM AND CONTROLLER USING THE SAME and owned by Phison Electronics, Corp. Filed on July 30, 2013, by Silicon Motion Technology Corp. The ‘267 patent is currently the subject matter of a litigation styled Phison Electronics, Corp. v. PNY Technologies, Inc. (Case No. 1:12-cv-01478-GMS (D. Del.)).

(5)               IPR2013-00474 (electronically filed) – U.S. Patent No. 6,611,349 entitled SYSTEM AND METHOD OF GENERATING A PRINTING PLATE FILE IN REAL TIME USING A COMMUNICATION NETWORK and owned by CTP Innovations LLC. Filed on July 29, 2013, by Printing Industries of America. CTP Innovations has asserted the ‘349 patent against at least 33 alleged infringers, in as many lawsuits filed in district courts in Texas, Tennessee, and Georgia.

(6)               IPR2013-00478 (electronically filed) – U.S. Patent No. 5,544,352 entitled METHOD AND APPARATUS FOR INDEXING, SEARCHING AND DISPLAYING DATA and owned by Software Rights Archive, LLC. Filed on July 30, 2013, by Facebook, LinkedIn, and Twitter. The ‘352 patent is currently the subject matter of a litigation styled Software Rights Archive, LLC v. Facebook, Inc. (Case No. 12-cv-3970 (N.D. Cal.)); Software Rights Archive, LLC v. LinkedIn Corp. (Case No. 12-cv-3971 (N.D. Cal.)); Software Rights Archive, LLC v. Twitter, Inc. (Case No. 12-cv-3972 (N.D. Cal.)).

(7)               IPR2013-00479 & IPR2013-00480 (electronically filed) – U.S. Patent No. 5,832,494 entitled METHOD AND APPARATUS FOR INDEXING, SEARCHING AND DISPLAYING DATA and owned by Software Rights Archive, LLC. Filed on July 30, 2013, by Facebook, LinkedIn, and Twitter. The ‘494 patent is currently the subject matter of a litigation styled Software Rights Archive, LLC v. Facebook, Inc. (Case No. 12-cv-3970 (N.D. Cal.)); Software Rights Archive, LLC v. LinkedIn Corp. (Case No. 12-cv-3971 (N.D. Cal.)); Software Rights Archive, LLC v. Twitter, Inc. (Case No. 12-cv-3972 (N.D. Cal.)).

(8)               IPR2013-00481 (electronically filed) – U.S. Patent No. 6,233,571 entitled METHOD AND APPARATUS FOR INDEXING, SEARCHING AND DISPLAYING DATA and owned by Software Rights Archive, LLC. Filed on July 30, 2013, by Facebook, LinkedIn, and Twitter. The ‘571 patent is currently the subject matter of a litigation styled Software Rights Archive, LLC v. Facebook, Inc. (Case No. 12-cv-3970 (N.D. Cal.)); Software Rights Archive, LLC v. LinkedIn Corp. (Case No. 12-cv-3971 (N.D. Cal.)); Software Rights Archive, LLC v. Twitter, Inc. (Case No. 12-cv-3972 (N.D. Cal.)).

(9)               IPR2013-00482 (electronically filed) – U.S. Patent No. 6,044,062 entitled WIRELESS NETWORK SYSTEM AND METHOD FOR PROVIDING SAME and owned by IP CO, LLC. Filed on July 31, 2013, by ABB Technology, Ltd. The ‘062 patent is currently the subject matter of a litigation styled IP CO, LLC v. Tropos Networks, Inc. (Case No. 1:06-cv-0585-CC (N.D. Ga.)).

(10)           IPR2013-00483 (electronically filed) – U.S. Patent No. 8,014,917 entitled APPARATUS FOR TRACKING AND RECORDING VITAL SIGNS AND TASK-RELATED INFORMATION OF A VEHICLE TO IDENTIFY OPERATING PATTERNS and owned by Leroy G. Hagenbuch. Filed on July 31, by Toyota.

(11)           IPR2013-00484 (electronically filed) – U.S. Patent No. 7,577,970 entitled MULTIMEDIA CONTENT NAVIGATION AND PLAYBACK and owned by ClearPlay, Inc. Filed on August 1, 2013, by CustomPlay, LLC.

(12)           IPR2013-00486 (electronically filed) – U.S. Patent No. 7,613,290 entitled RECORDING USING PROXY SERVERS and owned by Verint Americas, Inc. Filed on August 2, 2013, by CallCopy, Inc. The ‘290 patent is currently the subject matter of a litigation styled Verint Systems, Inc. v. CallCopy, Inc. (Case No. 1:13-cv-00562-GMS (D. Del.)).

(13)           IPR2013-00489 (electronically filed) – U.S. Patent No. 6,738,155 entitled SYSTEM AND METHOD OF PROVIDING PUBLISHING AND PRINTING SERVICES VIA A COMMUNICATION NETWORK and owned by CTP Innovations, LLC. Filed on August 2, 2013, by Printing Industries of America, et al.

(14)           IPR2013-00490 (electronically filed) – U.S. Patent No. 7,852,994 entitled SYSTEMS AND METHODS FOR RECORDING AUDIO and owned by Verint Americas, Inc. Filed on August 2, 2013, by CallCopy, Inc. The ‘994 patent is currently the subject matter of a litigation styled Verint Systems, Inc. v. CallCopy, Inc. (Case No. 1:13-cv-00562-GMS (D. Del.)).

(15)           IPR2013-00491 (electronically filed) – U.S. Patent No. 8,474,183 entitled COLORED OR FRAGRANCED HORTICULTURAL/AGRICULTURAL PRODUCTS and owned by Encap, LLC. Filed on August 2, 2013, by The Scotts Company LLC. The ‘183 patent is currently the subject matter of a litigation styled Encap, LLC v. The Scotts Company LLC, et al. (Case No. 1:11-cv-000685-WCG (E.D. Wis.)).

(16)           IPR2013-00492 (electronically filed) – U.S. Patent No. RE43,324 entitled VOIP VOICE INTERACTION MONITOR and owned by Verint Americas, Inc. Filed on August 2, 2013, by CallCopy, Inc. The ‘324 patent is currently the subject matter of a litigation styled Verint Systems, Inc. v. CallCopy, Inc. (Case No. 1:13-cv-00562-GMS (D. Del.)).

The following ex parte requests were filed:

(1)         90/012,933 (electronically filed) – U.S. Patent No. 6,973,847 entitled GYROSCOPIC ROLL STABILIZER FOR BOATS and owned by Seakeeper, LLC. Filed on August 2, 2013.

(2)         90/012,934 (electronically filed) – U.S. Patent No. 7,920,129 entitled DOUBLE-SIDED TOUCH-SENSITIVE PANEL WITH SHIELD AND DRIVE COMBINED LAYER and owned by Apple. Filed on July 30, 2013.  The ‘129 patent is the subject of an infringement action styled Apple v. HTC, (Case No. 1:11-cv-0611 (D. Del.)).

(3)         90/012,935 (electronically filed) – U.S. Patent No. 7,663,607 entitled MULTIPOINT TOUCHSCREEN and owned by Apple. Filed on July 30, 2013. The ‘607 patent was the subject of the ITC’s Investigation No. 337-TA-750, Certain Mobile Devices and Related Software.

(4)         90/012,936 (electronically filed) – U.S. Patent No. 8,331,993 entitled MOBILE TERMINAL AND OPERATION CONTROL METHOD THEREOF and owned by LG Electronics. Filed on July 31, 2013.

(5)         90/012,937 (electronically filed) – U.S. Patent No. 6,551,358 entitled ALKALINE ENZYME SCOURING OF COTTON TEXTILES and owned by Novozymes North America, Inc. Filed on July 31, 2013, by Danisco US, Inc.

(6)         90/012,938 (electronically filed) – U.S. Patent No. 6,251,439 entitled COMPOSITION AND METHOD FOR REDUCING THE RISK OF CARCINOGENESIS and owned by Dartmouth College, licensed to National Institute of Health. Filed on August 1, 2013.

(7)         90/012,939 (electronically filed) – U.S. Patent No. 6,558,711 entitled COMPOSITION AND METHOD FOR REDUCING THE RISK OF CARCINOGENESIS and owned by Dartmouth College. Filed on August 1, 2013.

(8)         90/012,940 (electronically filed) – U.S. Patent No. 5,496,298 entitled ELASTOMERIC EARS FOR DISPOSABLE ABSORBENT ARTICLE and owned by Kimberly-Clark Worldwide, Inc. Filed on August 1, 2013.

(9)         90/012,941 (electronically filed) – U.S. Patent No. 8,357,811 entitled CRYSTALLINE FORMS OF DOCETAXEL AND PROCESS FOR PREPARATION THEREOF and owned by Scinopharm Singapore Pte. Ltd. Filed on August 2, 2013.

 

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