Intel Files Five IPR Requests against Single Zond Patent, Among the Requests the Weeks of February 17 & 24, 2014

| March 6, 2014

The 60-page limit for IPR petitions continues to plague filers.  This difficulty is increased greatly by  the rigorous detail with which the challenged patent claims must be applied to the asserted prior art, particularly where the proposed ground is one of obviousness.  A few filers are now resorting to multiple petitions to accommodate their arguments – most notable among these is Intel which filed five petitions last week against a single patent owned by Zond and claiming a vapor phase deposition device for making semiconductors (see inter partes Review Request No. (5)).  Zond has sued Intel, Toshiba and Fujitsu for infringement of the patent.

Despite the wide enthusiasm for inter partes review, ex parte reexamination continues to be popular in some quarters.  For instance, Volkswagen filed requests against four Cloud Farm Associates patents claiming tilt control for cars (see ex parte Request Nos. (3), (5), (6) & (7)).  VW clearly chose ex parte reexamination to take advantage of the unlimited page-length for such requests – one request ran to 260 pages.  And an undisclosed party took advantage of the anonymity of ex parte reexamination by filing requests against two Apple instant messaging patents (see ex parte Request Nos. (1) & (11)). 

 

The following inter partes review requests were filed:

 1.   IPR2014-00439 (electronically filed) – U.S. Patent No. 7,365,871 entitled APPARATUS FOR CAPTURING, CONVERTING AND TRANSMITTING A VISUAL IMAGE SIGNAL VIA A DIGITAL TRANSMISSION SYSTEM, which is owned by e-Watch, Inc. Filed by Iron Dome, LLC on February 18, 2014. e-Watch has asserted the ’871 patent against a number of alleged infringers, including Apple (Case No. 2:13-cv-01061 (E.D. Tex.)); HTC Corporation (Case No. 2:13-cv-01063 (E.D. Tex.)); LG Electronics (Case No. 2:13-cv-01064 (E.D. Tex.)); ZTE Corporation (Case No. 2:13-cv-01071 (E.D. Tex.)); and Dell (Case No. 2:13-cv-01073 (E.D. Tex.)).

 2.   IPR2014-00440 (electronically filed) – U.S. Patent No. 8,597,041 entitled COAXIAL CABLE CONNECTOR HAVING ELECTRICAL CONTINUITY MEMBER, which is owned by PPC Broadband, Inc. Filed by Corning Optical Communications RF, LLC on February 18, 2014. The ’041 patent is currently involved in patent infringement actions styled PPC Broadband, Inc. v. Corning Gilbert, Inc. (Case No. 5:13-cv-01310-GLS-DEP (N.D.N.Y.)); and PPC Broadband, Inc. v. Corning Gilbert, Inc. (Case No. 5:12-cv-00911-GLS-DEP (N.D.N.Y.)).

 3.   IPR2014-00441 (electronically filed) – U.S. Patent No. 8,562,366 entitled COAXIAL CABLE CONNECTOR HAVING ELECTRICAL CONTINUITY MEMBER, which is owned by PPC Broadband, Inc. Filed by Corning Optical Communications RF, LLC on February 18, 2014. The ’366 patent is currently involved in patent infringement actions styled PPC Broadband, Inc. v. Corning Gilbert, Inc. (Case No. 5:13-cv-01310-GLS-DEP (N.D.N.Y.)); and PPC Broadband, Inc. v. Corning Gilbert, Inc. (Case No. 5:12-cv-00911-GLS-DEP (N.D.N.Y.)).

 4.   IPR2014-00448 (electronically filed) – U.S. Patent No. 8,093,823 entitled LIGHT SOURCES INCORPORATING LIGHT EMITTING DIODES, which is owned by Ilumisys, Inc. Filed by Philips Electronics North America Corporation on February 19, 2014. The ’823 patent is asserted in a patent infringement action styled Ilumisys, LLC d/b/a Toggled v. Philips Electronics North America Corporation (Case No. 3:13-cv-14961 (E.D. Mich.)).

 5.   IPR2014-00443, IPR2014-00444, IPR2014-00445, IPR2014-00446, and IPR2014-00447 (electronically filed) – U.S. Patent No. 7,147,759 entitled HIGH-POWER PULSED MAGNETRON SPUTTERING, which is owned Zond, Inc. Filed by Intel Corporation on February 20, 2014. The ’759 patent is asserted in several patent infringement litigations against a number of alleged infringers, including Intel (Case No. 1:13-cv-11570-RGS (D. Mass.)); Toshiba (Case No. 1:13-cv-11581-DJC (D. Mass.)); and Fujitsu (Case No. 1:13-cv-11634-WGY (D. Mass.). The multiple petitions for inter partes review of the ’759 patent are each directed to a different claim or set of claims of the patent.

 6.   IPR2014-00450 (electronically filed) – U.S. Patent No. 7,921,356 entitled METHOD, SYSTEM AND COMPUTER READABLE MEDIUM FOR ADDRESSING HANDLING FROM A COMPUTER PROGRAM, which is owned Arendi S.A.R.L. Filed by Google, Inc. on February 20, 2014. The ’356 patent is asserted in a patent infringement action styled Arendi S.A.R.L. v. Google, Inc. (Case No. 1:13-cv-00910 (D. Del.)); and Arendi S.A.R.L. v. Microsoft Corporation (Case No. 1:11-cv-00260-LPS (D. Del.)).

 7.   IPR2014-00451 (electronically filed) – U.S. Patent No. 8,354,450 entitled CREATING ORAL SUPPLEMENTATION USING CREATINE HYDROCHLORIDE SALT, which is owned by University of Nebraska and Vireo Systems, Inc. Filed by Complete Nutrition Holdings, Inc. on February 20, 2014.

 8.   IPR2014-00452 (electronically filed) – U.S. Patent No. 6,323,853 entitled METHOD, SYSTEM AND COMPUTER READABLE MEDIUM FOR ADDRESSING HANDLING FROM A COMPUTER PROGRAM, which is owned Arendi S.A.R.L. Filed by Google, Inc. and Motorola Mobility, LLC on February 21, 2014. The ’853 patent is currently involved in several litigations filed in the District of Delaware against a number of alleged infringers, including Google (Case No. 1:13-cv-00919-UNA); Yahoo! (Case No. 1:13-cv-00920); Motorola Mobility (Case No. 1:12-cv-01601); and Sony Mobile Communications (Case No. 1:12-cv-01602).

 9.   IPR2014-00453 (electronically filed) – U.S. Patent No. 8,623,077 entitled APPARATUS FOR REPLACING A CARDIAC VALVE, which is owned by Medtronic, Inc. Filed by Edwards Lifesciences Corp. on February 20, 2014.

 10.  IPR2014-00454 (electronically filed) – U.S. Patent No. 5,563,883 entitled DYNAMIC CHANNEL MANAGEMENT AND SIGNALLING METHOD AND APPARATUS, which is owned by C-Cation Technologies, LLC. Filed by Cisco Systems, Inc. on February 20, 2014. The ’883 patent is currently involved in a patent infringement action styled C-Cation Technologies, LLC v. Tme Warner Cable, Inc., et al. (Case No. 2:14-cv-00059-JRG-RSP (E.D. Tex.)).

 11.  IPR2014-00455 & IPR2014-00456 (electronically filed) – U.S. Patent No. 7,808,184 entitled METHODS AND APPARATUS FOR GENERATING STRONGLY-IONIZED PLASMAS WITH IONIZATIONAL INSTABILITIES, which is owned by Zond, Inc. Filed by Intel Corporation on February 27, 2014. The ‘184 patent has been asserted against a number of alleged infringers in several patent infringement actions in the District of Massachusetts, including Intel Corporation (Case No. 1:13-cv-11570-RGS); Advanced Micro Devices and GlobalFoundries U.S. (Case No. 1:13-cv-11577-DPW); and Toshiba (Case No. 1:13-cv-11581-DJC).

 12.  IPR2014-0457 (electronically filed) – U.S. Patent No. 7,737,843 entitled PROGRAMMABLE ALARM MODULE AND SYSTEM FOR PROTECTING MERCHANDISE, which is owned by Invue Security Products, Inc. Filed by Kum Oh Electronics Co., Ltd. on February 25, 2014. The ‘843 patent is currently involved in a patent infringement action styled Invue Security Products, Inc. v. Kum Oh Electronics Co., Ltd. (Case No. 3:13-cv-00465 (W.D.N.C.)).

 13.  IPR2014-0460 (electronically filed) – U.S. Patent No. 7,145,710 entitled OPTICAL PROCESSING, which is owned by Thomas Swan & Co., Ltd. Filed by Finisar Corporation on February 26, 2014. The ‘710 patent is asserted in a patent infringement action styled Thomas Swan & Co., Ltd. v. Finisar Corp., et al. (Case No. 2:13-cv-178 (E.D. Tex.)).

 14.  IPR2014-0461 (electronically filed) – U.S. Patent No. 7,664,395 entitled OPTICAL PROCESSING, which is owned by Thomas Swan & Co., Ltd. Filed by Finisar Corporation on February 26, 2014. The ‘395 patent is asserted in a patent infringement action styled Thomas Swan & Co., Ltd. v. Finisar Corp., et al. (Case No. 2:13-cv-178 (E.D. Tex.)).

 15.  IPR2014-0462 (electronically filed) – U.S. Patent No. 8,089,683 entitled OPTICAL PROCESSING, which is owned by Thomas Swan & Co., Ltd. Filed by Finisar Corporation on February 26, 2014. The ‘683 patent is asserted in a patent infringement action styled Thomas Swan & Co., Ltd. v. Finisar Corp., et al. (Case No. 2:13-cv-178 (E.D. Tex.)).

 16.  IPR2014-0464 (electronically filed) – U.S. Patent No. 6,983,196 entitled ELECTRONICALLY CONTROLLED VEHICLE LIFT AND VEHICLE SERVICE SYSTEM, which is owned by Vehicle Service Group, LLC. Filed by Mohawk Resources, Ltd. on February 26, 2014. The ‘196 patent is asserted in a patent infringement action styled Vehicle Service Group, LLC v. Mohawk Resources, Ltd. (Case No. 4:13-cv-195-SEB-WGH (S.D. Ind.)).

 17.  IPR2014-0465 (electronically filed) – U.S. Patent No. 8,335,033 entitled OPTICAL PROCESSING, which is owned by Thomas Swan & Co., Ltd. Filed by Finisar Corporation on February 26, 2014. The ‘033 patent is asserted in a patent infringement action styled Thomas Swan & Co., Ltd. v. Finisar Corp., et al. (Case No. 2:13-cv-178 (E.D. Tex.)).

 18.  IPR2014-0466 (electronically filed) – U.S. Patent No. 8,383,675 entitled NATURAL MARINE SOURCE PHOSPHOLIPIDS COMPRISING POLYUNSATURATED FATTY ACIDS AND THEIR APPLICATIONS, which is owned by Neptune Technologies & Bioressources, Inc. Filed by Enzymotec, Ltd. on February 27, 2014. The ‘675 patent is currently involved in patent infringement actions styled Neptune Technologies and Bioressources, Inc. v. Aker BioMarine ASA, et al. (Case No. 1:13-cv-340 (D. Del.)); Neptune Technologies and Bioressources, Inc. v. Enzymotec, Ltd., et al. (Case No. 1:13-cv-341 (D. Del.)); and Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same (Inv. No. 337-TA-877 (USITC)).

 19.  IPR2014-0467 (electronically filed) – U.S. Patent No. 5,463,750 entitled METHOD AND APPARATUS FOR TRANSLATING VIRTUAL ADDRESSES IN DATA PROCESSING SYSTEM HAVING MULTIPLE INSTRUCTION PIPELINES AND SEPARATE TLB’S FOR EACH PIPELINE, which is owned by Vantage Point Technology, Inc. Filed by ARM Inc. on February 27, 2014. Vantage Point Technology has asserted the ‘750 patent in numerous patent infringement actions in the Eastern District of Texas, against such alleged infringers as Acer (Case No. 2:13-cv-00908-JRG); Amazon.com (Case No. 2:13-cv-00900-JRG); Huawei Device USA (Case No. 2:13-cv-00916-JRG); LG Electronics (Case No. 2:13-cv-00920-JRG); Microsoft (Case No. 2:13-cv-00921-JRG); Samsung Electronics (Case No. 2:13-cv-00930-JRG); Apple (Case No. 2:13-cv-00989-JRG); and Panasonic (Case No. 2:13-cv-00992-JRG).

 20.  IPR2014-0468 (electronically filed) – U.S. Patent No. 7,811,421 entitled HIGH DEPOSITION RATE SPUTTERING, which is owned by Zond, Inc. Filed by Intel Corporation on February 28, 2014. The ‘421 patent has been asserted against a number of alleged infringers in several patent infringement actions in the District of Massachusetts, including Intel Corporation (Case No. 1:13-cv-11570-RGS); Advanced Micro Devices and GlobalFoundries U.S. (Case No. 1:13-cv-11577-DPW); and Toshiba (Case No. 1:13-cv-11581-DJC).

  

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

 1.   CBM2014-00071 (electronically filed) – U.S. Patent No. 6,963,826 entitled PERFORMANCE OPTIMIZER SYSTEM AND METHOD, which is owned by Moat, Inc.  Filed by comScore, Inc. on February 18, 2014. The ’826 patent is involved in a patent infringement action styled comScore, Inc. v. Moat, Inc. (Case No. 2:12-cv-00351 (E.D. Va.)).

 2.   CBM2014-00072 (electronically filed) – U.S. Patent No. 7,756,794 entitled COMMON CARRIER SYSTEM, which is owned by INTTRA, Inc.  Filed by GTNX, Inc. on February 18, 2014. The ’794 patent is asserted in patent infringement actions styled GT Nexus, Inc. v. INTTRA, Inc. (Case No. 4:11-cv-02145-SBA (N.D. Cal.)); and INTTRA, Inc. v. GT Nexus, Inc. (Case No. 4:11-cv-02145 (N.D. Cal.)).

 3.   CBM2014-00073 (electronically filed) – U.S. Patent No. 7,761,387 entitled COMMON CARRIER SYSTEM, which is owned by INTTRA, Inc.  Filed by GTNX, Inc. on February 19, 2014. The ’387 patent is asserted in patent infringement actions styled GT Nexus, Inc. v. INTTRA, Inc. (Case No. 4:11-cv-02145-SBA (N.D. Cal.)); and INTTRA, Inc. v. GT Nexus, Inc. (Case No. 4:11-cv-02145 (N.D. Cal.)).

 4.   CBM2014-00074 (electronically filed) – U.S. Patent No. 7,752,142 entitled COMMON CARRIER SYSTEM, which is owned by INTTRA, Inc.  Filed by GTNX, Inc. on February 18, 2014. The ’142 patent is asserted in patent infringement actions styled GT Nexus, Inc. v. INTTRA, Inc. (Case No. 4:11-cv-02145-SBA (N.D. Cal.)); and INTTRA, Inc. v. GT Nexus, Inc. (Case No. 4:11-cv-02145 (N.D. Cal.)).

 5.   CBM2014-00075 (electronically filed) – U.S. Patent No. 7,827,119 entitled COMMON CARRIER SYSTEM, which is owned by INTTRA, Inc.  Filed by GTNX, Inc. on February 18, 2014. The ’119 patent is asserted in patent infringement actions styled GT Nexus, Inc. v. INTTRA, Inc. (Case No. 4:11-cv-02145-SBA (N.D. Cal.)); and INTTRA, Inc. v. GT Nexus, Inc. (Case No. 4:11-cv-02145 (N.D. Cal.)).

 6.   CBM2014-00076 (electronically filed) – U.S. Patent No. 8,311,945 entitled SYSTEM AND METHOD FOR PROCESSING CHECKS AND CHECK TRANSACTIONS, which is owned by Solutran.  Filed by U.S. Bancorp. on February 19, 2014. The ’945 patent is asserted in a patent infringement action styled Soultran, Inc. v. U.S. Bancorp and Elavon, Inc. (Case No. 13-cv-02637 (D. Minn.)).

 7.   CBM2014-00077 (electronically filed) – U.S. Patent No. 7,424,438 entitled APPARATUS AND METHODS FOR PROVIDING CAREER AND EMPLOYMENT SERVICES, which is owned by Career Destination Development, LLC.  Filed by Monster Worldwide, Inc. and Indeed, Inc. on February 21, 2014. The ’438 patent is currently involved in patent infringement actions styled Career Destination Development, LLC v. Monster Worldwide, Inc. (Case No. 13-cv-2434-KHV/KGG (D. Kans.)); and Career Destination Development, LLC v. Indeed, Inc. (Case No. 13-cv-2486-JWL/JPO (D. Kans.))

  

The following ex parte reexamination requests were filed:

  1.   90/013,153 (electronically filed) – U.S. Patent No. 7,339,914 entitled AUTOMATED SNIFFER APPARATUS AND METHOD FOR MONITORING COMPUTER SYSTEMS FOR UNAUTHORIZED ACCESS, which is owned by Airtight Networks, Inc. Filed on February 20, 2014. The ’914 patent is asserted in patent infringement actions styled Aerohive Networks, Inc. v. Airtight Networks, Inc. (Case No. 3:13-cv-00329-JSW (N.D. Cal.)); and Airtight Networks, Inc. v. Aerohive Networks, Inc. (Case No. 3:13-cv-00383-JSW (N.D. Cal.)).

 2.   90/013,154 (electronically filed) – U.S. Patent No. 6,195,863 entitled DISC BRAKE PISTON INSTALLATION TOOL, which is owned by Basil R. Blake. Filed on February 21, 2014.

 3.   90/013,155 (electronically filed) – U.S. Patent No. 5,437,354 entitled TILT CONTROL APPARATUS FOR VEHICLES, which is owned by Cloud Farm Associates. Filed on February 21, 2014.

 4.   90/013,156 (electronically filed) – U.S. Patent No. 7,854,980 entitled FORMALDEHYDE-FREE MINERAL FIBRE INSULATION PRODUCT, which is owned by Knauf Insulation GmbH. Filed by Rockwool International A/S on February 21, 2014.

 5.   90/013,157 (electronically filed) – U.S. Patent No. 5,529,153 entitled TILT CONTROL APPARATUS FOR VEHICLES, which is owned by Cloud Farm Associates, LP. Filed by Volkswagen Group of America, Inc. on February 21, 2014. The ’153 patent is currently involved in a patent infringement litigation styled Cloud Farm Associates, LP v. Volkswagen Group of America, Inc., et al. (Case No. 1:10-cv-00502-LPS (D. Del.)).

 6.   90/013,158 (electronically filed) – U.S. Patent No. 5,971,115 entitled TILT CONTROL APPARATUS FOR VEHICLES, which is owned by Cloud Farm Associates, LP. Filed by Volkswagen Group of America, Inc. on February 21, 2014. The ’115 patent is currently involved in a patent infringement litigation styled Cloud Farm Associates, LP v. Volkswagen Group of America, Inc., et al. (Case No. 1:10-cv-00502-LPS (D. Del.)).

 7.   90/013,159 (electronically filed) – U.S. Patent No. 5,979,616 entitled TILT CONTROL APPARATUS FOR VEHICLES, which is owned by Cloud Farm Associates, LP. Filed by Volkswagen Group of America, Inc. on February 21, 2014. The ’616 patent is currently involved in a patent infringement litigation styled Cloud Farm Associates, LP v. Volkswagen Group of America, Inc., et al. (Case No. 1:10-cv-00502-LPS (D. Del.)).

 8.   90/013,160 (electronically filed) – U.S. Patent No. 8,567,207 entitled COMPRESSOR CONTROL SYSTEM USING A VARIABLE GEOMETRY DIFFUSER, which is owned by Johnson Controls Technology Company. Filed on February 28, 2014.

 9.   90/013,161 (electronically filed) – U.S. Patent No. 8,651,460 entitled WALL GROMMET FOR POWER CONNECTION, which is owned by The Wiremold Company. Filed on February 27, 2014.

 10.  90/013,162 (electronically filed) – U.S. Patent No. 8,448,000 entitled METHODS AND APPARATUSES FOR OPERATING A DATA PROCESSING SYSTEM, which is owned by Apple, Inc. Filed on February 26, 2014.

 11.  90/013,163 (electronically filed) – U.S. Patent No. 8,458,278 entitled METHOD AND APPARATUS FOR DISPLAYING INFORMATION DURING AN INSTANT MESSAGING SESSION, which is owned by Apple, Inc. Filed on February 25, 2014.

 12.  90/013,164 (electronically filed) – U.S. Patent No. 6,201,470 entitled IMPROVEMENTS RELATING TO LOCATING DEVICES, which is owned by Brigade (BBS-TEK) Ltd. Filed on February 25, 2014.

 13.  90/013,165 (electronically filed) – U.S. Patent No. 7,513,711 entitled ARTIFICIAL MARINE REEF INDUCEMENT STRUCTURE, which is owned by David Walter. Filed on February 26, 2014. The ‘711 patent is currently involved in a patent infringement action styed David Walter v. Panhandle Underwater Maintenance and Salvage (Case No. 3:13-cv-00378-MCR-CJK (S.D. Fla.)).

 14.  90/013,166 (electronically filed) – U.S. Patent No. 7,536,723 entitled AUTOMATED METHOD AND SYSTEM FOR MONITORING LOCAL AREA COMPUTER NETWORKS FOR UNAUTHORIZED WIRELESS ACCESS, which is owned by Airtight Networks, Inc. Filed on February 26, 2014.

 15.  90/013,167 (electronically filed) – U.S. Patent No. 7,769,605 entitled MULTIPLE PATIENT MONITORING SYSTEM FOR PROACTIVE HEALTH MANAGEMENT, which is owned by Robert Bosch Healthcare Systems, Inc. Filed on February 27, 2014.

 16.  90/013,168 (electronically filed) – U.S. Patent No. 5,869,172 entitled INTERNALLY-COATED POROUS WEBS WITH CONTROLLED POSITIONING OF MODIFIERS THEREIN, which is owned Nextec Applications, Inc. Filed by Brookwood Companies, Inc. on February 27, 2014.

 17.  90/013,169 (electronically filed) – U.S. Patent No. 8,031,064 entitled THE PRESSURE DETECTING APPARATUS AND TIRE PRESSURE DETECTOR IDENTIFICATION COPYING METHOD FOR THE SAME, which is owned Orange Electronic Co., Ltd. Filed on February 28, 2014.

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