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
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- FDA Law Blog
- IPWatchdog
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- Patently-O
- PLI Patent Law Practice Center
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- US Patent Post-Grant Opposition
Recent Requests
PTO Statistics
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.
Google and Yahoo! Attack on Browser Patent, among the Reexamination Requests Filed Week of December 26, 2011
| January 3, 2012
Google and Yahoo! have requested reexamination of a browser patent owned by Interval Licensing (see ex parte Request No. (3)). Interval had already sued the two companies for infringement of the patent. Google and Microsoft have requested reexamination of a patent owned by Paid Search Engine Tools for a bid management system (see inter partes Request No. (1)). As above, there is a pending infringement action regarding the patent in question. This approach of two or more companies jointly requesting reexamination is becoming more common.
Ex parte reexamination was requested by an unidentified party against Intellect Wireless’ U.S. Patent No. 7,266,186 claiming a paging receiver and system (see ex parte Request No. (1)). Intellect Wireless has sued a number of companies – among them HTC, RIM, AT&T Mobility — for infringement of the ‘186 patent, as well as for infringement of U.S. Patent No. 7,310,416. HTC America filed inter partes requests against the ‘186 patent at the beginning of October, and against the ‘416 patent in November. Non-final rejections have already issued against both Intellect Wireless patents. According to HTC, the infringement action has been “effectively stayed pending a ruling” on HTC’s motion for summary judgment of inequitable conduct. The various reexaminations might have an impact on HTC’s inequitable conduct allegations.
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Sorenson ‘184 Patent Claims might be subject to Intervening Rights
| December 28, 2011
Over the years, Jens Erik Sorenson has sued so many companies for infringement of his cyclic injection molding patent, U.S. Patent No. 4,935,184, that it might be the most well-known patent of the 20th Century. Although it expired several years ago, a number of infringement actions continue, including the consolidated case Sorenson v. Emerson Electric et al., 08-cv-60 (S.D. Cal.).
There, Defendants Emerson, Ryobi and Rally Mfg. recently moved for summary judgment that they were entitled to absolute intervening rights because of arguments made by Sorenson in reexamination, effectively amending the claims. Judge Barry Ted Moskowitz has initially denied the intervening rights motion, but he also states that he will reconsider it once he has conducted a Markman claim construction hearing at the end of February.
Challenges to Five Ronald Katz Telephone Patents, among the Reexamination Requests Filed Week of December 19, 2011
| December 27, 2011
Perhaps more than any other inventor, Ronald Katz has been the target of rivals’ requests for reexamination. This was certainly true this past week, when requests were filed against five Katz telephone system patents (see ex parte Request Nos. (1), (3) to (5) & (10)). According to Patent Office assignment records, the five patents are owned by General Electric Capital.
Vicor requested reexamination of a SynQor power converter patent (see inter partes Request No. (5)). Synqor has sued a number of companies, including Ericsson, for infringement of that patent.
And Ford has requested reexamination of a GM patent for a car body structure, specifically a roof panel-side frame construction (see inter partes Request No. (3)).
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