Attack by Honda & Others on Cruise Control Patent, Among the Requests Week of 23 December 2013

| December 30, 2013

Last Monday American Honda Motor requested inter partes review of U.S. Patent No. 6,324,463 (see inter partes review Request No. (4)) The ‘463 patent is owned by Cruise Control Technologies that has sued 15 car companies for infringement; the patent claims “a system for indicating the operational status and parameters of a cruise control system for use in a human operated vehicle.”  Simultaneously, Nissan North America and six other automakers filed their own petitions for inter partes review of the ‘463 patent (see inter partes review Request No. (5)). These petitions come on the heels of two requests filed the previous week by Subaru and Toyota.  Each of the four petitions proposes a different set of prior art rejections.  This approach of multiple petitions against a single patent has become a common method for requestors to avoid the page limit on inter partes requests.


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TRW Challenges 10 Car Headlight Patents, among the Requests Week of December 16, 2013

| December 23, 2013

Over a two-day period, TRW requested inter partes review of 10 Magna Electronics patents, filing two requests against three of those patents (see inter partes review Request Nos. (2) and (4) through (15)).  The patents all relate to systems for controlling automobile headlights.  Magna has sued TRW for infringement of the patents in the Western District of Michigan.

Subaru, Toyota and Ford each requested inter partes review of U.S. Patent No. 6,324,463 that claims a “system for indicating the operational status and parameters of a cruise control system for use in a human operated vehicle” (see inter partes review Request Nos. (24), (25) & (26)).  The owner of the ‘463 patent, Cruise Control Technologies, has sued 15 car companies for infringement.  Each of the three Requests proposes distinct prior art rejections of the claims.  These filings follow Cruise Control’s amendment of the ‘463 claims in late October in a pending ex parte reexamination.

And Netflix filed requests against four OpenTV patents (see inter partes review Request Nos. (2), (16), (18) & (23)), Ford against two TMC Fuel Injection patents (see inter partes review Request Nos. (21 & (22)), and Apple against a WhitServe patent (see inter partes review Request No. (17)).
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Cisco Seeks Inter Partes Review of Networks Patent, Requests Filed the Week of December 9, 2013

| December 16, 2013

Cisco petitioned for inter partes review of U.S. Patent No. 7,724,879 which claims a method for determining “the availability of a called party before placing a communication from the calling party to the called party” (see inter partes review Request No. (5)).  The ‘879 patent is owned by AIP Acquisition who has sued several large cable companies for infringement.  The ‘879 patent is also the subject of a pending inter partes review, IPR2013-00296, filed by Level 3 Communications and instituted by the APJs on October 31, 2013.

The following inter partes review requests were filed:

  1. IPR2014-00243 (electronically filed) – U.S. Patent No. 7,303,992 entitled COPPER ELECTRODEPOSITION IN MICROELECTRONICS, which is owned by Enthone Inc.  Filed by Moses Lake Industries, Inc. on December 10, 2013.  The ‘992 patent is asserted in the patent infringement action styled Enthone Inc. v. Moses Lake Industries, Inc.(Case No. 1:13-cv-1054-TJM-RFT (N.D.N.Y.)).
  2. IPR2014-00244 (electronically filed) – U.S. Patent No. 5,793,302 entitled METHOD FOR SECURING INFORMATION RELEVANT TO A TRANSACTION, which is owned by Leon Stambler.  Filed by Fifth Third Bank on December 9, 2013.  The ‘302 patent is asserted in the patent infringement action styled Leon Stambler v. Fifth Third Bancorp and Fifth Third Bank (Case No. 2:12-cv-675-JRG (E.D. Tex.).  The Federal Reserve had previously petitioned for inter partes review of the ‘302 patent in IPR2013-00341 and IPT2013-00409, to which the present request raises identical issues; and as well the Federal Reserve had previously challenged the other patent at issue in the infringement litigation, U.S. Patent  No. 5,936,541, in IPR2013-00344 and IPR2013-00406.
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Fifty-Three Patents Challenged, Week of December 2, 2013

| December 9, 2013

The number of new patent challenges continues to accelerate – last week saw thirty-two requests for inter partes review, three for post-grant review, and eighteen for ex parte reexamination.  Most notably, Apple, either alone or with one or more co-requesters, attacked six patents owned by either Arendi, THX, or VirnetX (see inter partes review Request Nos. (1), (4), (5), (25), (26), & (28)).  In each instance, Apple is being sued for infringement of the respective patent now being challenged.  Apple was also the target of an anonymous 180-page request for ex parte reexamination (see ex parte Request No. (7)) against its U.S. Patent No. 8,463,238 claiming a mobile device base station.

There is also an increasing pattern of companies filing joint requests.  For instance, Samsung, LG and HTC teamed up to request inter partes review of two content delivery patents owned by Affinity Labs of Texas (see inter partes review Request Nos. (6) & (8)).

Toshiba Samsung Storage requested inter partes review of two LG recording media patents (see inter partes review Request Nos. (2) & (3)).  The companies are involved in an infringement action in Delaware.
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