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Challenge to Automobile Patents, Among the Requests Week of March 31, 2014
| April 7, 2014
Automobile patents ranked highly in terms of the number of new IPR filings last week. Ford requested inter partes review of three hybrid vehicle patents owned by Paice and Abell (see inter partes review Request Nos. (9), (10) & (11)). Paice has sued Ford and Hyundai for infringement of the patents in Maryland. And Chrysler and Nissan teamed up to attack three Norman IP Holdings patents (see inter partes review Request Nos. (3), (6) & (7)).
Apple filed eleven post-grant review petitions against six Smartflash data storage and access patents (see covered business method review Request Nos. (1) through (6)).
The following inter partes review requests were filed:
1. IPR2014-00558 (electronically filed) – U.S. Patent No. 6,502,135 entitled AGILE NETWORK PROTOCOL, which is owned by VirnetX. Filed by Microsoft on March 31, 2014. The ’135 patent is the subject of a number of civil actions including: (i) Case No. 6:13-cv-00211-LED (E.D. Tex.), filed February 26, 2013; (ii) Case No. 6:12-cv-00855-LED (E.D. Tex.), filed November 6, 2012; (iii) Case No. 6:10-cv-00417-LED (E.D. Tex.), filed August 11, 2010; (iv) Case No. 6:11-cv-00018-LED (E.D. Tex), (iv) Case No. 6:13-cv-00351-LED (E.D. Tex), filed April 22, 2013 (“the 2013 VirnetX litigation”); (v) Case No. 6:10-cv-00094 (E.D. Tex); and (vi) Case No. 6:07-cv-00080 (E.D. Tex). The ’135 patent is the subject of two petitions for inter partes review filed by RPX Corporation, which have been designated as IPR2014-00171 and IPR2014-00172. The ’135 patent is also the subject of merged inter partes reexamination Nos. 95/001,679 and 95/001,682. In the merged proceedings, the Patent Office recently issued a Non-Final Action rejecting all 18 claims of the ’135 patent.
2. IPR2014-00559 (electronically filed) – U.S. Patent No. 6,448,274 entitled FLUOROALKOXY-SUBSTITUTED BENZAMIDE DICHLOROPYRIDINYL N-OXIDE PDE4 INHIBITOR, which is owned by Merck. Filed by Torrent Pharmaceuticals on April 1, 2014.
3. IPR2014-00560 (electronically filed) – U.S. Patent No. 5,592,555 entitled WIRELESS COMMUNICATIONS PRIVACY METHOD AND SYSTEM, which is owned by Norman IP Holdings. Filed by Chrysler on April 1, 2014. The ‘555 patent has been the subject of 55 infringement actions.
4. IPR2014-00561 (electronically filed) – U.S. Patent No. 7,997,442 entitled TRAVEL CONTAINER HAVING DRINKING ORIFICE AND VENT APERTURE, which is owned by Ignite USA. Filed by Pacific Market on April 1, 2014. The ‘442 patent is asserted in a patent infringement action styled Ignite USA, LLC v. Pacific Market International, LLC and Aladdin Industries, LLC, (Case No. 14-cv-856 (N.D. Ill.)).
5. IPR2014-00562 (electronically filed) – U.S. Patent No. 7,330,817 entitled SYSTEM AND METHODS FOR EMPLOYMENT LAW COMPLIANCE, ESTABLISHMENT, EVALUATION AND REVIEW, which is owned by Employment Law Compliance. Filed by Compli on April 1, 2014. The ‘817 patent is asserted in a patent infringement action styled Employment Law Compliance, Inc. v. Compli, Inc., (Case No. 3:13-cv-03574 (N.D. Tex.)).
6. IPR2014-00563 (electronically filed) – U.S. Patent No. 5,502,689 entitled CLOCK GENERATOR CAPABLE OF SHUT-DOWN MODE AND CLOCK GENERATION METHOD, which is owned by Norman IP Holdings. Filed by Chrysler and Nissan on April 1, 2014. The ‘689 patent has been the subject of 55 infringement actions.
7. IPR2014-00564 (electronically filed) – U.S. Patent No. 5,530,597 entitledAPPARATUS AND METHOD FOR DISABLING INTERRUPT MASKS IN PROCESSORS OR THE LIKE, which is owned by Norman IP Holdings. Filed by Chrysler and Nissan on April 1, 2014. The ‘597 patent is the subject of 55 patent infringement actions.
8. IPR2014-00566 (electronically filed) – U.S. Patent No. 6,038,295 entitled APPARATUS AND METHOD FOR RECORDING, COMMUNICATING AND ADMINISTERING DIGITAL IMAGES, which is owned by TLI Communications. Filed by Facebook on April 1, 2014. The ‘295 patent is asserted in a patent infringement action styled TLI Communications LLC v. AV Automotive, L.L.C. et al., (Case No. 14‐CV‐0142 TSE (E.D. Va.)).
9. IPR2014-00568, -00579 (electronically filed) – U.S. Patent No. 8,214,097 entitled HYBRID VEHICLES, which is owned by Paice and Abell Foundation. Filed by Ford on April 4, 2014. The ‘097 patent is asserted in two patent infringement actions styled Paice, LLC et al. v. Ford Motor Company, (Case No. 1-14-cv-00492 (D. Md.)) and Paice LLC et al. v. Hyundai Motor America, et al., (Case No.1:2012-cv-00499 (D. Md.)).
10. IPR2014-00570 (electronically filed) – U.S. Patent No. 7,455,134 entitled HYBRID VEHICLES, which is owned by Paice and Abell Foundation. Filed by Ford on April 4, 2014. The ‘134 patent is asserted in two patent infringement actions styled Paice, LLC et al. v. Ford Motor Company, (Case No. 1-14-cv-00492 (D. Md.)) and Paice LLC et al. v. Hyundai Motor America, et al., (Case No.1:2012-cv-00499 (D. Md.)).
11. IPR2014-00571 (electronically filed) – U.S. Patent No. 7,104,347 entitled HYBRID VEHICLES, which is owned by Paice and Abell Foundation. Filed by Ford on April 4, 2014. The ‘347 patent is asserted in two patent infringement actions styled Paice, LLC et al. v. Ford Motor Company, (Case No. 1-14-cv-00492 (D. Md.)) and Paice LLC et al. v. Hyundai Motor America, et al., (Case No.1:2012-cv-00499 (D. Md.)).
12. IPR2014-00572 (electronically filed) – U.S. Patent No. 8,297,662 entitled METHOD FOR CONTROLLING CONNECT AND DISCONNECT FORCES OF A CONNECTOR, which is owned by Bal Seal Engineering. Filed by Nelson Products on April 3, 2014.
13. IPR2014-00573 (electronically filed) – U.S. Patent No. 8,375,543 entitled, METHOD FOR CONTROLLING CONNECT AND DISCONNECT FORCES OF A CONNECTOR, which is owned by Bal Seal Engineering. Filed by Nelson Products on April 3, 2014.
14. IPR2014-00574, -00575 (electronically filed) – U.S. Patent No. 6,151,604 entitled METHOD AND APPARATUS FOR IMPROVED INFORMATION STORAGE AND RETRIEVAL SYSTEM, which is owned by Enfish. Filed by Microsoft on April 4, 2014. The ‘604 patent is asserted in a patent infringement action styled Enfish LLC v. Microsoft Corporation, et al., (Case No. CV12-7360 MRP (C.D. Cal.)).
15. IPR2014-00576, -00577 (electronically filed) – U.S. Patent No. 6,163,775 entitled METHOD AND APPARATUS FOR IMPROVED INFORMATION STORAGE AND RETRIEVAL SYSTEM, which is owned by Enfish. Filed by Microsoft on April 4, 2014. The ‘775 patent is asserted in a patent infringement action styled Enfish LLC v. Microsoft Corporation, et al., (Case No. CV12-7360 MRP (C.D. Cal.)).
16. IPR2014-00578 (electronically filed) – U.S. Patent No. 6,896,775 entitled HIGH-POWER PULSED MAGNETICALLY ENHANCED PLASMA PROCESSING, which is owned by Zond. Filed by Gillette and P&G on April 4, 2014. The ‘patent is asserted in a patent infringement action styled Zond, Inc. v. The Gillette Co. and The Procter and Gamble Co., (Case No. 1:13-CV. 11567-DJC (D. Mass.)).
17. IPR2014-00579 (electronically filed) – U.S. Patent No. 7,104,347 entitled, which is owned by Paice and Abell Foundation. Filed by Ford on April 4, 2014. The ‘347 patent is asserted in two patent infringement actions styled Paice, LLC et al. v. Ford Motor Company, (Case No. 1-14-cv-00492 (D. Md.)) and Paice LLC et al. v. Hyundai Motor America, et al., (Case No.1:2012-cv-00499 (D. Md.)).
18. IPR2014-00580 (electronically filed) – U.S. Patent No. 6,896,775 entitled HIGH-POWER PULSED MAGNETICALLY ENHANCED PLASMA PROCESSING, which is owned by Zond. Filed by Gillette and P&G on April 4, 2014. The ‘patent is asserted in a patent infringement action styled Zond, Inc. v. The Gillette Co. and The Procter and Gamble Co., (Case No. 1:13-CV. 11567-DJC (D. Mass.)).
19. IPR2014-00581 (electronically filed) – U.S. Patent No. 8,273,565 entitled METHODS OF INCREASING DIHYDROXY ACID DEHYDRATASE ACTIVITY TO IMPROVE PRODUCTION OF FUELS, CHEMICALS, AND AMINO ACIDS, which is owned by Gevo. Filed by Butamax Biofuels on April 4, 2014. The ‘565 patent is asserted in two patent infringement actions styled Gevo, Inc. v. ButamaxTM Advanced Biofuels LLC, et al., (Case No. 11-cv-1654(SLR)(D. Del.)) and Gevo, Inc. v. ButamaxTM Advanced Biofuels LLC, et al., (Case No. 12-cv-1202(SLR)(D. Del.)).
20. IPR2014-00582 (electronically filed) – U.S. Patent No. 8,149,124 entitled PERSONAL SECURITY AND TRACKING SYSTEM, which is owned by Pragmatus. Filed by Samsung on April 4, 2014. The ‘124 patent is asserted in seven patent infringement actions and in In Re CertainWireless Devices, Including Mobile Phones and Tablets II, (ITC Inv. No. 337-TA-905).
21. IPR2014-00583 (electronically filed) – U.S. Patent No. 7,068,430 entitled METHOD OF MAKING HIGHLY DISCRIMINATING OPTICAL EDGE FILTERS AND RESULTING PRODUCTS, which is owned by Semrock. Filed by Edmund Optics on April 4, 2014.
22. IPR2014-00584 (electronically filed) – U.S. Patent No. 7,864,503 entitled CAOPACITIVE TYPE TOUCH PANEL, which is owned by Hilltop Technology. Filed by Digital Empire on April 7, 2014.
23. IPR2014-00585 (electronically filed) – U.S. Patent No. 6,259,381 entitled METHOD OF TRIGGERING AN EVENT, which is owned by Empire IP. Filed by eBay on April 4, 2014. The ‘381 patent is asserted in a patent infringement action styled Locata LBS LLC v. PayPal, Inc. and eBay Inc., (Case No. 2:13-cv-7895 (C.D.Cal.)).
The following request for covered business method post-grant review was filed:
1. CBM2014-00103 (electronically filed) – U.S. Patent No. 8,118,221 entitled DATA STORAGE AND ACCESS SYSTEMS, which is owned by Smartflash. Filed by Apple on March 28, 2014. The ‘221 patent is the subject of an infringement action styled Smartflash LLC. et al. v. Apple Inc. et al., (Case No. 6:13-cv-447 (E.D. Tex.)).
2. CBM2014-00104, -00105 (electronically filed) – U.S. Patent No. 7,334,720 entitled DATA STORAGE AND ACCESS SYSTEMS, which is owned by Smartflash. Filed by Apple on March 31, 2014. The ‘720 patent is the subject of an infringement action styled Smartflash LLC. et al. v. Apple Inc. et al., (Case No. 6:13-cv-447 (E.D. Tex.)).
3. CBM2014-00106, -00107 (electronically filed) – U.S. Patent No. 8,033,458 entitled DATA STORAGE AND ACCESS SYSTEMS, which is owned by Smartflash. Filed by Apple on March 31, 2014. The ‘458 patent is the subject of an infringement action styled Smartflash LLC. et al. v. Apple Inc. et al., (Case No. 6:13-cv-447 (E.D. Tex.)).
4. CBM2014-00108, -00109 (electronically filed) – U.S. Patent No. 8,061,598 entitled DATA STORAGE AND ACCESS SYSTEMS, which is owned by Smartflash. Filed by Apple on April 1, 2014. The ‘598 patent is the subject of an infringement action styled Smartflash LLC. et al. v. Apple Inc. et al., (Case No. 6:13-cv-447 (E.D. Tex.)).
5. CBM2014-00110, -00111 (electronically filed) – U.S. Patent No. 8,336,772 entitled DATA STORAGE AND ACCESS SYSTEMS, which is owned by Smartflash. Filed by Apple on April 3, 2014. The ‘772 patent is the subject of an infringement action styled Smartflash LLC. et al. v. Apple Inc. et al., (Case No. 6:13-cv-447 (E.D. Tex.)).
6. CBM2014-00112, -00113 (electronically filed) – U.S. Patent No. 7,942,317 entitled DATA STORAGE AND ACCESS SYSTEMS, which is owned by Smartflash. Filed by Apple on April 3, 2014. The ‘317 patent is the subject of an infringement action styled Smartflash LLC. et al. v. Apple Inc. et al., (Case No. 6:13-cv-447 (E.D. Tex.)).
7. CBM2014-00114 (electronically filed) – U.S. Patent No. 7,024,387 entitled AUTOMATED SYSTEM FOR CONDITIONAL ORDER TRANSACTIONS IN SECURITIES OR OTHER ITEMS IN COMMERCE, which is owned by Fifth Market. Filed by Chicago Mercantile Exchange on April 23, 2014.
The following ex parte reexamination requests were filed:
1. 90/013,196 (electronically filed) – U.S. Patent No. 7,617,501 entitled APPARATUS, SYSTEM, AND METHOD FOR MANAGING POLICIES ON A COMPUTER HAVING A FOREIGN OPERATING SYSTEM, which is owned by Quest Software. Filed by Centrify Corp. on March 31, 2014. The ‘501 patent is asserted in a patent infringement action styled Quest Software v. Centrify (Case No. 2:10-cv-00859 (D. Utah)).
2. 90/013,197 (electronically filed) – U.S. Patent No. 6,725,594 entitled RAIL COVER FOR FIREARM RAIL SYSTEMS, which is owned by Faclon Industries. Filed by YongMing Sui on April 1, 2014. The ‘594 patent is asserted in a patent infringement action styled Falcon v. Combat Optical (Case No. 1:12-cv-679 (D.N.M.)).
3. 90/013,199 (electronically filed) – U.S. Patent No. 8,161,740 entitled FORCE TRANSMISSION DEVICE WITH A ROTATIONAL SPEED ADAPTIVE DAMPER AND METHOD FOR IMPROVING THE DAMPING PROPERTIES, which is owned by Schaeffler Technologies. Filed on April 3, 2014.
4. 90/013,200 (electronically filed) – U.S. Patent No. 7,293,385 entitled MODULAR TRIGGER GROUP FOR FIREARMS AND FIREARM HAVING A MODULAR TRIGGER GROUP, which is owned by O.F. Mossberg. Filed by Timney Triggers on April 3, 2014. The ‘385 patent is asserted in a patent infringement action styled O.F. Mossberg & Sons v. Timney Triggers (Case No. 3:12-cv-198 (D. Conn.)).
5. 90/013,136 (electronically filed) – U.S. Patent No. 6,059,576 entitled TRAINING AND SAFETY DEVICE, SYSTEM AND METHOD TO AID IN PROPER MOVEMENT DURING PHYSICAL ACTIVITY, which is owned by Logantree. Filed by Owner on April 4, 2014.
