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Samsung Seeks Inter Partes Review of Four Fractus Antenna Patents, Week of September 30, 2013
| October 7, 2013
Last week Samsung filed inter partes review requests against four patents owned by Spanish antenna-maker Fractus (see inter partes review Request Nos. (8), (9), (10) & (11)). The requests are the latest in a long-standing dispute between companies. The highlight of that dispute, so far, has been a $23 million jury verdict based on the four Fractus patents in May 2011 in the Eastern District of Texas. Judge Leonard Davis later added $15 million to the verdict after finding that Samsung’s infringement was willful. A few months before that verdict, Samsung had requested inter partes reexamination of those patents. The reexaminations resulted in rejection of key claims and Fractus has appealed to the PTO Board of Appeals, with oral argument scheduled for November 20th. Earlier this year, Fractus filed a second infringement action against Samsung, also in the Eastern District of Texas – the idea behind Samsung’s inter partes review requests might be to attack the Fractus claims that are the subject of this new infringement action, but have not been addressed in the reexaminations.
The Federal Circuit’s recent holding in Fresenius v. Baxter might determine whether the 2011 verdict survives the Samsung’s challenges at the Patent Office to Fractus’ patents.
The following inter partes review requests were filed:
(1) IPR2013-00636 (electronically filed) – U.S. Patent No. 6,424,625 entitled METHOD AND APPARATUS FOR DISCARDING PACKETS IN A DATA NETWORK HAVING AUTOMATIC REPEAT REQUEST and owned by Ericsson. Filed September 30, 2013 by Broadcom Corporation.
(2) IPR2013-00637 (electronically filed) – U.S. Patent No. 6,432,586 entitled SEPARATOR FOR A HIGH ENERGY RECHARGEABLE LITHIUM BATTERY and owned by Celgard, LLC. Filed September 30, 2013 by Sumitomo Chemical Company Co., Ltd. The ‘586 patent is currently the subject matter of a litigation styled Celgard, LLC v. Sumitomo Chemical Company Co., Ltd. (Case No. 13-122 (W.D.N.C.)).
(3) IPR2013-00638 (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 September 30, 2013 by Toyota Motor Corporation. The ‘917 patent is currently the subject matter of a litigation styled Hagenbuch v. Toyota Motor Sales, U.S.A., Inc. (Case No. 13-cv-6713 (N.D. Ill.)). Toyota previously sought inter partes review of various claims of the ‘917 patent (see IPR2013-00483), and expects to request joinder of the present request if the Board institutes the previously filed request for inter partes review.
(4) IPR2013-00639 (electronically filed) – U.S. Patent No. 7,197,662 entitled METHODS AND SYSTEMS FOR A STORAGE SYSTEM and owned by Parallel Iron, LLC. Filed September 30, 2013 by Unified Patents, Inc.
(5) IPR2014-00001 (electronically filed) – U.S. Patent No. 6,618,047 entitled VISIBILITY CALCULATIONS FOR 3D COMPUTER GRAPHICS and owned by Fuzzysharp Technologies, Inc. Filed September 30, 2013 by Intel Corporation. The ‘047 patent is currently the subject matter of a patent infringement litigation styled Fuzzysharp Technologies, Inc. v. Intel Corporation (Case No. 4:12-cv-04413-YGR (N.D. Cal.)). Fuzzysharp Technologies had asserted the ‘679 patent in ten other patent infringement lawsuits.
(6) IPR2014-00002 (electronically filed) – U.S. Patent No. 6,172,679 entitled VISIBILITY CALCULATIONS FOR 3D COMPUTER GRAPHICS and owned by Fuzzysharp Technologies, Inc. Filed September 30, 2013 by Intel Corporation. The ‘679 patent is currently the subject matter of a patent infringement litigation styled Fuzzysharp Technologies, Inc. v. Intel Corporation (Case No. 4:12-cv-04413-YGR (N.D. Cal.)).
(7) IPR2014-00003 (electronically filed) – U.S. Patent No. 8,278,351 entitled NATURAL MARINE SOURCE PHOSPHOLIPIDS COMPRISING POLYUNSATURATED FATTY ACIDS AND THEIR APPLICATIONS and owned by Neptune Technologies & Bioressources, Inc. Filed October 1, 2013 by Aker BioMarine AS. The ‘351 patent is currently the subject matter of litigations styled Neptune Technologies & Bioressources, Inc. v. Aker BioMarine AS, et al. (Case No. 12-cv-1252-GMS (D. Del.)); Neptune Technologies & Bioressources, Inc. v. Aker BioMarine AS, et al. (Case No. 1:11-cv-00894-GMS (D. Del.)); Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same (Inv. No. 337-TA-877 (USITC)).
(8) IPR2014-00008 (electronically filed) – U.S. Patent No. 7,123,208 entitled MULTILEVEL ANTENNAE and owned by Fractus, S.A. Filed October 4, 2013 by Samsung. The ‘208 patent is currently the subject of patent infringement litigations styled Fractus, S.A. v. Samsung Electronics, Co., Ltd., et al. (Case No. 6:09-cv-00203 (E.D. Tex.)), which is currently on appeal to the Court of Appeals for the Federal Circuit (Appeal No. 12-1633); Fractus S.A. v. Samsung Electronics Co., Ltd., et al. (Case No. 6:13-cv-00210 (E.D. Tex.)).
(9) IPR2014-00011 (electronically filed) – U.S. Patent No. 7,397,431 entitled MULTILEVEL ANTENNAE and owned by Fractus, S.A. Filed October 4, 2013 by Samsung. The ‘431 patent is currently the subject of patent infringement litigations styled Fractus, S.A. v. Samsung Electronics, Co., Ltd., et al. (Case No. 6:09-cv-00203 (E.D. Tex.)); Fractus S.A. v. Samsung Electronics Co., Ltd., et al. (Case No. 6:13-cv-00210 (E.D. Tex.)).
(10) IPR2014-00012 (electronically filed) – U.S. Patent No. 7,394,432 entitled MULTILEVEL ANTENNAE and owned by Fractus S.A. Filed October 4, 2013 by Samsung. The ‘432 patent is currently the subject of patent infringement litigations styled Fractus, S.A. v. Samsung Electronics, Co., Ltd., et al. (Case No. 6:09-cv-00203 (E.D. Tex.)); Fractus S.A. v. Samsung Electronics Co., Ltd., et al. (Case No. 6:13-cv-00210 (E.D. Tex.)).
(11) IPR2014-00013 (electronically filed) – U.S. Patent No. 7,015,868 entitled MULTILEVEL ANTENNAE and owned by Fractus S.A. Filed October 4, 2013 by Samsung. The ‘868 patent is currently the subject of patent infringement litigations styled Fractus, S.A. v. Samsung Electronics, Co., Ltd., et al. (Case No. 6:09-cv-00203 (E.D. Tex.)); Fractus S.A. v. Samsung Electronics Co., Ltd., et al. (Case No. 6:13-cv-00210 (E.D. Tex.)).
(12) IPR2014-00014 (electronically filed) – U.S. Patent No. 6,842,677 entitled VEHICULAR USER INTERFACE SYSTEM AND METHOD and owned by Vehicle Interface Technologies, LLC. Filed October 4, 2013 by Porsche Cars North America Inc. The ‘677 patent is currently the subject matter of a patent infringement litigation styled Vehicle Interface Technologies LLC v. Porsche Cars North America, Inc. (Case No. 1:12-cv-01286-UNA (D. Del.)).
(13) IPR2014-00015 (electronically filed) – U.S. Patent No. 6,069,982 entitled ESTIMATION OF FREQUENCY DEPENDENCE AND GREY-LEVEL DEPENDENCE OF NOISE IN AN IMAGE and owned by Yama Capital, LLC (Yama Capital is a non-practicing entity that acquired the ‘982 patent from Polaroid Corporation). Filed October 4, 2013 by Canon. The ‘982 patent is currently the subject matter of a litigation styled Yama Capital LLC v. Canon, Inc. and Canon U.S.A., Inc. (Case No. 12-cv-7159 (S.D.N.Y.)).
(14) IPR2014-00018 (electronically filed) – U.S. Patent No. 8,201,288 entitled AUTOMATIC BODY SPRAY SYSTEM and owned by Sunless, Inc. Filed October 5, 2013 by Heartland Tanning, Inc. The ’288 patent is currently the subject matter of a patent infringement litigation styled Sunless, Inc. v. Heartland Tanning, Inc. (Case No. 6:12-cv-00665 (E.D. Tex.)).
The following requests for covered business method post-grant review were filed:
(1) CBM2014-00001 (electronically filed) – U.S. Patent No. 8,326,924 entitled METASEARCH ENGINE FOR ORDERING AT LEAST ONE ITEM RETURNED IN SEARCH RESULTS USING AT LEAST ONE QUERY ON MULTIPLE UNIQUE HOSTS AND FOR DISPLAYING ASSOCIATED ADVERTISING and owned by Harvey Lunenfeld. Filed October 1, 2013 by American Express Co.
(2) CBM2014-00002 (electronically filed) – U.S. Patent No. 5,884,270 entitled METHOD AND SYSTEM FOR FACILITATING AN EMPLOYMENT SEARCH INCORPORATING USER-CONTROLLED ANONYMOUS COMMUNICATIONS and owned by Walker Digital, LLC. Filed October 4, 2013 by Google, Inc. The ‘270 patent is currently the subject matter of a litigation styled Walker Digital, LLC v. Google Inc. (Case No. 1:11-cv-00318-LPS (D. Del.)).
(3) CBM2014-00003 (electronically filed) – U.S. Patent No. 5,884,272 entitled METHOD AND SYSTEM FOR ESTABLISHING AND MAINTAINING USER-CONTROLLED ANONYMOUS COMMUNICATIONS and owned by Walker Digital, LLC. Filed October 4, 2013 by Google, Inc. The ‘272 patent is currently the subject matter of a litigation styled Walker Digital, LLC v. Google Inc. (Case No. 1:11-cv-00318-LPS (D. Del.)).
The following ex parte reexamination request was filed:
(1) 90/013,009 (electronically filed) – U.S. Patent No. 6,888,460 entitled ADVERTISING TRAYS FOR SECURITY SCREENING and owned by SecurityPoint Holdings, Inc. Filed September 30, 2013. The ’460 patent is currently the subject matter of a claims action styled SecurityPoint Holdings v. U.S. (Case No. 1:11-cv-00268-EGB (Ct. Fed. Cl.)).
(2) 90/013,011 (electronically filed) – U.S. Patent No. 7,261,770 entitled COMPOSITIONS AND METHODS COMPRISING PIGMENTS AND POLYPROTIC DISPERSING AGENTS and owned by Cristal USA, Inc. Filed October 1, 2013.
(3) 90/013,012 (electronically filed) – U.S. Patent No. 6,815,670 entitled MATERIALS AND APPARATUS FOR THE DETECTION OF CONTRABAND and owned by Morpho Detection, Inc. Filed October 4, 2013.
(4) 90/013,013 (electronically filed) – U.S. Patent No. 7,270,238 entitled VACUUM SEALABLE BAG APPARATUS AND METHOD and owned by Foodfresh Technologies, LLC. Filed October 3, 2013.
