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Other States Rally Behind Idaho’s Bad-Faith Patent Assertion Law
Patent Litigation Feature
The fight over a set of state laws punishing bad-faith patent assertion is heating up before the Federal Circuit. In June 2023, monetization firm Longhorn IP LLC and affiliate Katana Silicon Technologies LLC filed an appeal over one such law in Idaho, both seeking to overturn an $8M bond imposed against them under that statute in litigation with Micron—apparently the first time such a bond has been ordered—and to invalidate the statute as preempted by federal patent law. Now, as Micron and Idaho lay out their positions in response briefs, they have received additional support: 27 other states and the District of Columbia have sought leave to file an amicus brief in support of upholding Idaho’s law, as have two industry associations.
June 2, 2024
Amazon Notches Win Against DivX at the ITC
In Case You Missed It
Administrative Law Judge (ALJ) Bryan F. Moore at the International Trade Commission (ITC) has posted a notice indicating that he has found no Section 337 violation “in the importation into the United States and the sale within the United States after importation of certain video processing devices and components thereof based on” the alleged infringement by Amazon of four patents held by DivX, LLC. The initial determination remains confidential. VIZIO, also a respondent in the same ITC action, was terminated from the investigation last September. A status report is due to Eastern District of Virginia Judge David J. Novak in mid-June in a parallel case that has been stayed to await the ITC outcome. Meanwhile, DivX district court cases are active again against Netflix and Realtek Semiconductor.
June 2, 2024
Innovations in Memory Adds Dell to Campaign to Growing Campaign
New Patent Litigation
In its third complaint, Innovations In Memory LLC (IIM) targets Dell (1:24-cv-00602) over a wide array of memory products, including various EMC, PowerEdge MX, PowerMax, PowerScale, Unity, and VMAX-series products. For this case, the plaintiff has turned to the Western District of Texas; its prior suits were filed in the Eastern District of Texas, separately against first IBM and then Cisco, both earlier in May.
June 2, 2024
International Smart Ring Competition Produces More US Litigation
In Case You Missed It
Samsung (3:24-cv-03245) has filed a complaint in the Northern District of California seeking declaratory judgments of noninfringement of five patents held by Oura Health through the coming provision of its Galaxy Ring in the US. Samsung grounds declaratory judgment jurisdiction on, among other things, Oura’s public promises to protect its own IP; Oura’s past litigation activities against smart ring competitors Circular, RingConn, and Ultrahuman in US district court and before the International Trade Commission (ITC); and Oura’s willingness, in those prior actions, to “assert infringement of its patents based on features common to virtually all smart rings, such as the inclusion of sensors, electronics, and batteries, and displaying a summary of the sensors’ measurements to the user, often in the form of a ‘score’”. In parallel, Samsung has also turned to the Patent Trial and Appeal Board (PTAB).
June 2, 2024
Patent Plaintiffs Will Now Have to Work Harder to Land Before Judge Albright
Patent Litigation Feature
Last week, Western District of Texas Chief Judge Alia Moses posted a revised “Order Assigning the Business of the Court as It Relates to Patent Cases”. A July 2022 version of the order had patent cases filed in the Waco Division, where District Judge Alan D. Albright alone sits, distributed across a larger set of judges in the district. A practice had developed, though, by which new cases involving the same patents and parties as prior litigation were assigned to the previous judge, meaning that Judge Albright has received the bulk of these “legacy” cases. This new, May 30, 2024 order appears to take aim at that practice.
June 2, 2024
Proxense Targets LG Pay, Digital Keys, and Wi-Fi Connectivity
New Patent Litigation
With its latest lawsuit, filed against LG Electronics (LGE) (6:24-cv-00302) in the Western District of Texas, Proxense, LLC debuts in its campaign three patents generally related to securing computing systems with a “personal digital key”. Infringement allegations for these patents focus on the provision of its Ultra-Small “Digital Key Module”, allegedly developed through subsidiary LG Innotek’s participation as a “‘core’ member of the Car Connectivity Consortium”. Proxense accuses LGE of infringing four other patents, already familiar in this campaign, through the provision of LG Pay on certain mobile devices and of televisions and laptops utilizing the Wi-Fi 6, Wi-Fi 6E, and/or Wi-Fi 7 wireless standards.
June 2, 2024
Funded Texas Plaintiff Launches Automotive Campaign over Former IV Patents
New Patent Litigation, TPLF
With apparent backing from a prominent litigation funder, Longhorn Automotive Group LLC has filed its first lawsuit over patents from the portfolio received from AI-CORE TECHNOLOGIES, LLC, accusing Nissan (2:24-cv-00397) in a new Eastern District of Texas complaint of infringing five of them. The Alpha Alpha Intellectual Partners LLC plaintiff targets the provision of a wide array of automobile products, ranging from driver assistance systems to headlights, with those five patents, which AI-CORE received from Intellectual Ventures LLC (IV) this past February.
June 1, 2024
VoIP-Pal.com Sues T-Mobile and Verizon over Previously Unasserted Claims from Previously Asserted Patents
New Patent Litigation
VoIP-Pal.com Inc. (VPLM) has sued Deutsche Telekom (T-Mobile) (6:24-cv-00299) and Verizon (Verizon Wireless) (6:24-cv-00298)—repeat defendants in this long-running campaign—over several familiar patents. The cases have been filed in the Western District of Texas, VPLM’s preferred venue, where a prior case against each defendant, as well as a suit against Amazon, remains active. For this pair of new complaints, VPLM turns to claims from two of the three familiar patents-in-suit, claims not asserted in prior litigation and therefore not invalidated under Alice in that litigation; as to the third asserted patent, in suit against only T-Mobile, VPLM points to three claims the patentability of which was confirmed in a recent ex parte reexamination (EPR).
June 1, 2024
Gatekeeper Solutions Expands Turbulent Campaign
New Patent Litigation
Its last case dismissed on May 1, 2024 by Northern District of Illinois Judge John Robert Blakey for failure to prosecute and failure to comply with court orders, Gatekeeper Solutions, Inc. has sued Forcepoint (1:24-cv-00601), this time in the Western District of Texas. Both complaints were filed by Joseph J. Zito, alternately of Whitestone Law and DNL Zito, not by Gatekeeper’s former counsel, William P. Ramey III of Ramey LLP. This campaign is one embroiled in the shift from Ramey to Zito that occurred as the relationship between Ramey and litigation finance and services firm AiPi soured; however, nowhere—including in districts that impose heightened disclosure requirements—has Gatekeeper identified AiPi as an interested party.
June 1, 2024
Pointwise Ventures Asserts Visual Search Patents Against Alphabet and Amazon
New Patent Litigation
Alphabet (Google) (6:24-cv-00293) and Amazon (2:24-cv-00751) are the latest defendants to be added to the sole litigation campaign that Pointwise Ventures LLC launched in March of this year. Across the eleven complaints filed to date, the plaintiff asserts a single patent generally related to a “pointing and identification” device. The defendants are accused of infringement through the support of visual search tools; for Google, over the Google Lens tool; and for Amazon, over the Amazon Lens “Shop the look” tool as integrated into Amazon mobile app.
May 31, 2024