Anonymous Ex Parte Reexamination Request Filed against Apple Patent, Among the Requests Week of February 3, 2014

| February 10, 2014

An unnamed party has requested ex parte reexamination of Apple’s U.S. Patent RE41,922 which relates to image displays for electronic devices (see ex parte Request No. (5)).   The ‘922 patent was one of two Apple patents that the ITC last year found to be infringed by smartphones and tablets imported by Samsung, specifically by the text-selection feature of those devices. 

Having found infringement, the ITC issued an exclusion order barring importation of infringement products and a cease & desist order prohibiting sale of Samsung’s infringing imports already in the United States.  This past October, the U.S. Trade Representative announced that President Obama did not veto the ITC’s sanctions imposed on Samsung.  The ITC, of course, has no authority to award damages for infringement. 

Parties sometimes resort to ex parte reexamination, as opposed to the more robust inter partes review, as a way of avoiding disclosure of their identity to the patentee. No challenge has yet been filed at the Patent Office against Apple’s second patent found by the ITC to be infringed, U.S. Patent No. 7,912,501. 

Also, as reported last week, Microsoft has requested inter partes review of three additional VirnetX patents (see inter partes review Request Nos. (1), (2) & (3)). 

The following inter partes review requests were filed:

1.      IPR2014-00401 (electronically filed) – U.S. Patent No. 7,188,180 entitled METHOD FOR ESTABLISHING SECURE COMMUNICATION LINK BETWEEN COMPUTERS OF VIRTUAL PRIVATE NETWORK, which is owned by VirnetX, Inc.  Filed by Microsoft on February 4, 2014. The ‘180 patent is currently involved in the patent infringement litigation styled VirnetX, Inc., et al. v. Microsoft Corporation (Case No. 6:13-cv-351 (E.D. Tex.)).

2.      IPR2014-00403 & IPR2014-00404 (electronically filed) – U.S. Patent No. 7,987,274 entitled METHOD FOR ESTABLISHING SECURE COMMUNICATION LINK BETWEEN COMPUTERS OF VIRTUAL PRIVATE NETWORK, which is owned by VirnetX, Inc.  Filed by Microsoft on February 4, 2014. The ‘274 patent is currently involved in the patent infringement litigation styled VirnetX, Inc., et al. v. Microsoft Corporation (Case No. 6:13-cv-351 (E.D. Tex.)).

3.      IPR2014-00405 (electronically filed) – U.S. Patent No. 7,188,180 entitled METHOD FOR ESTABLISHING SECURE COMMUNICATION LINK BETWEEN COMPUTERS OF VIRTUAL PRIVATE NETWORK, which is owned by VirnetX, Inc.  Filed by Microsoft on February 4, 2014. The ‘180 patent is currently involved in the patent infringement litigation styled VirnetX, Inc., et al. v. Microsoft Corporation (Case No. 6:13-cv-351 (E.D. Tex.)).

4.      IPR2014-00412 (electronically filed) – U.S. Patent No. 5,004,643 entitled SILICONE POLYMER-INTERNALLY COATED WEBS, which is owned by Nextec Applications, Inc.  Filed by Brookwood Companies Inc. on February 6, 2014. The ‘643 patent is currently involved in a patent infringement litigation styled Nextec Applications, Inc. v. United States of America (Case No. 13-242 (U.S. Ct. Fed. Cl.)

5.      IPR2014-00413 & IPR2014-00414 (electronically filed) – U.S. Patent No. 8,346,897 entitled SYSTEM AND METHOD FOR DEPLOYING AND MAINTAINING SOFTWARE APPLICATIONS, which is owned by Arunachalam.  Filed by SAP America, Inc. on February 6, 2014. The ‘897 patent is asserted in several patent infringement actions filed in the Eastern District of Texas against, for example, Wal-Mart Stores (Case No. 2:13-cv-00592); Target Corp. (Case No. 2:13-cv-00606); and Macy’s (Case No. 2:13-cv-00617). The ‘897 patent is also currently asserted in a number of litigations in the District of Delaware against, for example, Axcess Financial Service (Case No. 1:13-cv-01335); Payday One (Case No. 1:13-cv-01351); and Integrity Advance (Case No. 1:13-cv-01352). 

6.      IPR2014-00415 (electronically filed) – U.S. Patent No. 6,415,316 entitled METHOD AND APPARATUS FOR IMPLEMENTING A WEB PAGE DIARY, which is owned by Rembrandt Social Media, LP.  Filed by Facebook, Inc. on February 6, 2014. The ‘316 patent is asserted in the patent infringement action styled Rembrandt Social Media, LP v. Facebook, Inc. (Case No. 13-cv-00158-TSE (E.D. Va.)).

7.      IPR2014-00416 (electronically filed) – U.S. Patent No. 8,217,612 entitled COLLISION MONITORING SYSTEM, which is owned by UUSI, Inc.  Filed by Borse North America, Inc. on February 6, 2014. UUSI has asserted the ‘612 patent in litigations styled UUSI, LLC v. Robert Bosch, LLC and Brose North Am., Inc. (Case No. 2:13-cv-10444 (E.D. Mich.)); and UUSI, LLC v. Webasto Roof Sys., Inc. (Case No. 2:13-cv-11704 (E.D. Mich.)).

8.      IPR2014-00417 (electronically filed) – U.S. Patent No. 7,579,802 entitled COLLISION MONITORING SYSTEM, which is owned by UUSI, Inc.  Filed by Borse North America, Inc. on February 6, 2014. The ‘802 patent is currently involved in patent infringement actions styled UUSI, LLC v. Robert Bosch, LLC and Brose North Am., Inc. (Case No. 2:13-cv-10444 (E.D. Mich.)); and UUSI, LLC v. Webasto Roof Sys., Inc. (Case No. 2:13-cv-11704 (E.D. Mich.)).

9.      IPR2014-00418 (electronically filed) – U.S. Patent No. 5,500,819 entitled CIRCUITS, SYSTEMS AND METHODS FOR IMPROVING PAGE ACCESS AND BLOCK TRANSFERS IN A MEMORY SYSTEM, which is owned by Intellectual Ventures II, LLC.  Filed by Toshiba Corporation on February 7, 2014. The ‘819 patent is asserted in a patent infringement litigation styled Intellectual Ventures I, LLC and Intellectual Ventures II, LLC v. Toshiba Corporation, et al. (Case No. 1:13-cv-00453-UNA (D. Del.)).

10.  IPR2014-00419 (electronically filed) – U.S. Patent No. 6,967,861 entitled METHOD AND APPARATUS FOR IMPROVING CYCLE TIME IN A QUAD DATA RATE SRAM DEVICE, which is owned by Cypress Semiconductor Corporation.  Filed by GSI Technology, Inc. on February 7, 2014. The ‘861 patent is currently asserted in the patent infringement litigation styled Cypress Semiconductor Corp. v. GSI Technology, Inc. (Case Nos. 3:13-cv-02013-JST and 4:13-cv-03757-JST (N.D. Cal.)).

11.  IPR2014-00420 (electronically filed) – U.S. Patent No. 7,370,285 entitled RECEIVING AND REPORTING PAGE-SPECIFIC USER FEEDBACK CONCERNING ONE OR MORE PARTICULAR WEB PAGES OF A WEBSITE, which is owned by OpinionLab, Inc.  Filed by Qualtrics, LLC on February 7, 2014. The ‘285 patent is currently involved in patent infringement litigations styled OpinionLab, Inc. v. Qualtrics Labs, Inc. et al. (Case No. 1:13-cv-01574 (N.D. Ill.)); and OpinionLab, Inc. v. iPerceptions Inc., et al. (Case No. 1:12-cv-05662 (N.D. Ill.)).

12.  IPR2014-00421 (electronically filed) – U.S. Patent No. 8,024,668 entitled RECEIVING AND REPORTING PAGE-SPECIFIC USER FEEDBACK CONCERNING ONE OR MORE PARTICULAR WEB PAGES OF A WEBSITE, which is owned by OpinionLab, Inc.  Filed by Qualtrics, LLC on February 7, 2014. The ‘668 patent is currently involved in patent infringement litigations styled OpinionLab, Inc. v. Qualtrics Labs, Inc. et al. (Case No. 1:13-cv-01574 (N.D. Ill.)); and OpinionLab, Inc. v. iPerceptions Inc., et al. (Case No. 1:12-cv-05662 (N.D. Ill.)).

 

The following request for covered business method post-grant review was filed:

1.      CBM2014-00066 & CBM2014-00067 (electronically filed) – U.S. Patent No. 6,857,022 entitled TRANSLATION ORDERING SYSTEM, which is owned by TransPerfect Global, Inc.  Filed by MotionPoint Corporation on February 4, 2014. The ‘022 patent is currently involved in the patent infringement action styled TransPerfect Global v. MotionPoint Corp. (Case No. 10-cv-02590 (N.D. Cal.)).

 

The following ex parte reexamination requests were filed:

1.      90/013,142 (electronically filed) – U.S. Patent No. 7,058,354 entitled LEARNING ACTIVITY PLATFORM AND METHOD FOR TEACHING A FOREIGN LANGUAGE OVER A NETWORK, which is owned by Englishtown, Inc. Filed on February 7, 2014, by Rosetta Stone, Inc. The ‘354 patent is currently involved in a patent infringement litigation styled Englishtown, Inc. v. Rosetta Stone, Inc., et al. (Case No. 1:12-cv-10636 (D. Mass.)).

2.      90/013,143 (electronically filed) – U.S. Patent No. 6,902,784 entitled COMPOSITE PRESSURE SENSITIVE INSULATION JOINING CONSTRUCTION, which is owned by Armacell, LLC. Filed on February 7, 2014, by AeroFlex USA, Inc. The ‘784 patent is currently asserted in patent infringement actions styled AeroFlex USA, Inc. v. Armacell LLC (Case No. 3:13-cv-00485 (E.D. Tenn.)); and Armacell LLC v. AeroFlex USA, Inc. (Case No. 1:13-cv-00896 (M.D.N.C.)).

3.      90/013,144 (electronically filed) – U.S. Patent No. 7,846,499 entitled METHOD OF PULSING VAPOR PRECURSORS IN AN ALD REACTOR, which is owned by ASM America, Inc. Filed on February 7, 2014.

4.      90/013,145 (electronically filed) – U.S. Patent No. 8,177,151 entitled SEPARATION OF MATERIALS COMPRISING SUPER ABSORBENT POLYMERS USING REDUCED WATER, which is owned by Knowaste International, LLC. Filed on February 3, 2014.

5.      90/013,146 (electronically filed) – U.S. Patent No. RE41,922 entitled METHOD AND APPARATUS FOR PROVIDING TRANSLUSCENT IMAGES ON A COMPUTER DISPLAY, which is owned by Apple, Inc. Filed on February 5, 2014. The ‘922 patent is part of an ITC investgation styled Certain Electronic Digital Media Devices and Components Thereof (Inv. No. 337-TA-796 (USITC)).

6.      90/013,147 (electronically filed) – U.S. Patent No. 8,079,086 entitled MALICIOUS MOBILE CODE RUNTIME MONITORING SYSTEM AND METHODS, which is owned by Finjan, Inc. Filed on February 7, 2014. The ‘086 patent is currently involved in patent infringement litigations styled Finjan, Inc. v. FireEye (Case No. 13-cv-03133-SBA (N.D. Cal.)); and Finjan, Inc. v. Proofpoint, et al. (Case No. 13-cv-5808 (N.D. Cal.)).

 

 

 

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