Featured Posts
- Facebook Loses Reexaminations of Pragmatus’ Patents
- How is Reexamination Treating Round Rock Research?
- Reexamination has not Saved Apple against MobileMedia Patents, So Far
- What is an “Involved Application” in IPR Practice?
- Apple Victorious over Affinity Labs of Texas’ Portable Audio Player Patent
- Think IP Strategy Offers 2011 News Almanac
- An Update on Oracle’s Infringement Case against Google
- PTO Requests Public Comment on Proposed Rules for AIA Post-Issuance Proceedings
- Microsoft-i4i, Oracle-Google & VirnetX-Apple-Cisco Updates
- Oracle Patent to Emerge from Reexamination
- VirnetX again Sues for Infringement, and again Faces Reexaminations
- How Strong are Google’s Requests for Reexamination of the Lodsys Patents?
- PTO Board Sides with NVIDIA on Two Rambus “Barth I” Patents
- Oracle ‘520 Moves toward Confirmation in Reexamination
- Google Gets Mixed Result against Oracle’s Seventh Patent
- Did Google Request Reexamination of Lodsys Patents?
- Two Updates
- Oracle v. Google Android® Update
- Rambus Wins Limited Exclusion Order at ITC against NVIDIA, despite Pending Reexaminations
- 最初が肝心：不備のない再審査請求書を作成するために
- That’s My Patent You’re Reexamining…
- “Why Wait for Oppositions?” by Scott Daniels, 47 IDEA 343 (Law Review of Franklin Pierce Law School)
- The Basics
Noteworthy Links
- "The Interplay between Reexaminations, Preliminary Injunctions and Stays of Litigation" - by Dennis Crouch at PATENTLYO.COM
Favorite Patent Blogs
- All Things Pros
- CAFC Alert
- FDA Law Blog
- IPWatchdog
- Patent Docs
- Patently-O
- PLI Patent Law Practice Center
- Think IP Strategy
- US Patent Post-Grant Opposition
Recent Requests
PTO Statistics
Attack on MobileMedia Ideas Audio Delivery Data Patent, among the Reexamination Requests Filed Week of February 27, 2012
| March 5, 2012
Last Friday reexamination was requested of a MobileMedia Ideas audio data delivery patent, likely by HTC (see ex parte Request No. (14)). In 2010 MobileMedia sued HTC in the Eastern District of Texas for infringement of that patent, as well as 10 other related data delivery patents.
Bosch Security Systems has sought reexamination of four video surveillance patents owned by ObjectVideo (see inter partes Request Nos. (9), (10), (11), (12)). An infringement action is pending in the Eastern District of Virginia between the companies, regarding these four patents.
And three new requests against medical device patents (see ex parte Request Nos. (6), (7) & (8)), continuing a recent trend.
Novozymes Attack on Patent for Ethanol-Producing Enzyme Composition, among the Reexamination Requests Filed Week of February 20, 2012
| February 27, 2012
Novozymes A/S, considered the world’s largest maker of industrial enzymes, requested reexamination of the recently-issued U.S. Patent No. 8,048,657 claiming an enzyme composition for making ethanol (see ex parte Request No. (8)). Danisco, a DuPont subsidiary, owns the patent and is considered the world’s second largest maker of industrial enzymes. Although there does not appear to be pending infringement action regarding Danisco’s ‘657 patent, one might soon be filed. Novozymes has successfully sued Danisco for patent infringement, obtaining an $18.3 verdict in the Western District of Wisconsin at the end of October.
The refrigerator war between LG Electronics and Whirlpool opened a new front last week, with LG requesting reexamination of a Whirlpool ice-delivery patent (see ex parte Request No. (2)), and Whirlpool requesting reexamination of an LG icemaker patent (see inter partes Request No. 2)). The companies have been battling in recent years in several District Court infringement actions and in an ITC investigation.
The recent increase in the number of reexamination requests filed against medical device patents continued last week with a request filed by Boston Scientific against a stent patent owned by OrbusNeich (see inter partes Request No. (3)). OrbusNeich has a pending infringement action against Boston regarding the patent.
And a request was filed against a SmartData patent for a modular computer (see inter partes Request No. (4)). Although the PTO records do not yet show who filed the request, it is likely Apple, whom SmartData recently sued for infringing that patent.
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Skype Challenges to Three Eidos Communications Patents among the Reexamination requests Filed Week of February 13, 2012
| February 21, 2012
Skype has requested reexamination of three telephone voice message patents owned by Eidos Communications (see inter partes Request Nos. (5), (7) & (8). An infringement action by Eidos against Skype has been pending before Judge Sue Robinson in Delaware since 2009.
Xilinx filed a request against a mobile network patent owned by Intellectual Ventures (see inter partes Request No. (9)). The two parties are involved in infringement litigation, but it is not yet clear whether this patent is part of that litigation. Xilinx has aggressively pursued reexamination against a number of IV patents.
An undisclosed party requested reexamination of two semiconductor patents owned by DRAM Memory Technology (see ex parte Request Nos. (11) & (12). DRAM has sued Hynix and a large number of other companies for infringement of those patents.
The record for the fastest reexamination request was tied last Tuesday when an un-named third party requested reexamination of U.S. Patent No. 8,116,906 that issued the same day to Pevco Systems International (see ex parte Request No. (9)).
Challenges to Medical Device Patents Prominent among Reexamination Requests Filed Week of February 6, 2012
| February 13, 2012
There has been a notable increase in the number of reexamination requests filed against medical device patents. That trend continued apace last week.
First, Innova Labs requested reexamination of two Inogen patents claiming structures for delivering therapeutic gases to patients (see inter partes Request Nos. (3) & (4)). Inogen has sued Innova in the Central District of California for infringement of the patents. Also, Globus Medical requested reexamination of three surgical access apparatus patents owned by Nuvasive (see inter partes Request Nos. (6), (7) & (8)). Those companies are locked in an infringement action in Delaware.
And reexamination was requested for yet another Round Rock Research RFID patent and yet another Ronald Katz telephone patent (see ex parte Request Nos. (3) & (5)).
Attack on Walker Digital Image Management Patent, among the Reexamination Requests Filed Week of January 30, 2012
| February 6, 2012
Reexamination was requested last week by an un-identified party against a Walker Digital patent that names Jay Walker of Priceline fame as an inventor (see ex parte Request No. (1)). The patent claims a computer readable storage medium in a camera, which stores instructions for the camera’s management of images. Walker Digital has sued Canon USA for infringement of the patent, and it might be Canon that filed the request.
Requests were filed by GT Nexus against four shipment monitoring patents owned by INTTRA, Inc. (see ex parte Request Nos. (7) to (10)). The patents relate to systems including user interfaces that allow a shipper to track and trace containers across multiple carriers and an event notifications system. The two companies are in an infringement action in the Northern District of California regarding these patents.
And reexamination has been requested for yet another MobileMedia Ideas patent, this time by Research In Motion (see ex parte Request No. (14)).
Retailers Escalate Fight with Round Rock Research on RFID Patents
| February 2, 2012
This past December Round Rock Research launched a barrage of complaints against a who’s-who of American retailers — American Apparel, Dole Food, Fruit of the Loom, Hanesbrands, J.C. Penney, Macy’s, PepsiCo., The Gap and VF Corporation – accusing them of using ultra high frequency RFID tags and readers that infringe five patents: U.S. Patent Nos. 5,500,650, 5,627,544, 5,974,078, 6,459,726 and Re 41,531.
On Tuesday, reexamination requests were filed anonymously against the ‘650, ‘544, ‘726 and ‘531 patents, undoubtedly by one or more of the accused retailers. A request had already been filed and granted against the ‘078 patent.
The case will be interesting to follow if only for ubiquity of the accused tags and readers – J.C. Penney alone is believed to use them in 1,100 stores.
eBay Attack on Purple Leaf Electronic Transaction Patent among the Reexamination Requests filed Week of January 23, 2012
| January 30, 2012
Last week eBay replied to an infringement action filed against it in the Eastern District of Texas by Purple Leaf by seeking reexamination of the patent-in-suit (see inter partes Request No. (2)). The Purple Leaf patent claims a process for conducting electronic transactions and making payments over the Internet.
The winner for the most reexamination requests filed was Nanosolar that challenged three Solannex patents related to photovoltaic cells (see ex parte Request Nos. (5), (6) & (7)). The companies are in litigation over these patents in the Northern District of California.
Ex parte Request No. (4), involving U.S. Patent No. 5,337,753 owned by Biosig Instruments and claiming a heart rate monitor, is interesting in that it expressly calls for the PTO to “clarify the record” regarding the meaning of the claims. The Request notes the ‘753 patent has been through an earlier reexamination, but that the trial judge in a pending infringement action has refused to rely on the patentee’s assertions in that earlier reexamination because they are “ambiguous.”
Challenge to Round Rock RFID Patent, among the Reexamination Requests Filed Week of January 16, 2012
| January 23, 2012
In September an unidentified party requested reexamination of four RFID patents owned by Round Rock Research. Last Tuesday, reexamination was requested of another Round Rock RFID patent, Reissue 41,562, again by an anonymous party (see ex parte Request No. (1)).
Traditionally, reexamination has been requested of a substantial number electronics and Internet patents, but it is much less common for pharmaceutical and medical delivery patents. In recent weeks, though, that pattern seems to be changing, with more reexamination requests directed to pharmaceutical and medical delivery patents. That trend continued last week when reexamination was requested for two patents owned by Monosol claiming film to be used in drug delivery systems (see ex parte Request Nos. (3) & (4)). Monosol has sued BioDelivery in New Jersey for infringement of the patents.
HTC Attack on FlashPoint Image Capture Patent among the Reexamination Requests filed Week of January 9, 2012
| January 17, 2012
HTC has requested reexamination of FlashPoint Technology’s U.S. Patent No. 6,278,447 for video interface system (see ex parte Request No. (9)). The ‘447 patent has survived two earlier ex parte reexaminations without cancelation or amendment of claims.
Reexamination was requested of another MobileMedia Ideas patent for data storage, U.S. Patent No. 5,977,887 (see ex parte Request No. (2)). The PTO records do not indicate the identity of the requester, but it might be HTC.
Attacks on Two MobileMedia Ideas Patents for Communication Devices, among the Reexamination Requests Filed Week of January 2, 2012
| January 9, 2012
Reexamination was requested of two communications device patents owned by MobileMedia Ideas (see ex parte Request Nos. (2) & (3)). MobileMedia, that describes itself as “patent portfolio licensor of inventions adopted by manufacturers of smart phones, mobile phones and other portable devices including personal computers, laptops, netbooks, personal media players, e-book readers, cameras and hand-held game consoles,” obtained one of the patents from Sony and the other from Nokia. MobileMedia has sued HTC in the Eastern District of Texas for infringement of the two patents, plus nine other patents. What stake if any Sony or Nokia has in the litigation is unknown. It is not immediately clear who filed the requests, but it is likely HTC.
CBS Interactive requested reexamination of a paging system patent owned by Helferich Patent Licensing (see inter partes Request No. (2)). Helferich had sued CBS and a number of other media companies in Illinois and Arizona for infringement. CBS had requested reexamination of another Helferich patent at the end of December.
