PTAB Sees Activity in Long-Running, Convoluted Campaigns in May 2018June 8, 2018
Throughout May 2018, the Patent Trial and Appeal Board (PTAB) saw activity in multiple long-running campaigns, including challenges brought against patents and plaintiffs with colorful and tangled litigation histories. The Board saw petitions for AIA review brought in May against Publishing Technologies LLC, an NPE controlled by patent attorney and frequent litigant Bradley D. Liddle; in the mobile devices campaign waged by AGIS Software Development LLC; and in the networking campaign brought by XR Communications, LLC. Also in May, the Board instituted trial for inter partes reviews (IPRs) against Iridescent Networks, Inc. and Oyster Optics, LLC. Final decisions issued in May include three against prolific plaintiff Realtime Data LLC, which saw claims cancelled from one of its data compression patents while another two survived unscathed, as well as final decisions cancelling claims from patents held by General Patent Corporation and VirnetX Holding Corporation.
Failed Operating Company with Colorful Litigation History Hits Mobile Device MakersJune 23, 2017
AGIS Software Development LLC has started a new litigation campaign, accusing Apple (2:17-cv-00516), HTC (2:17-cv-00514), Huawei (2:17-cv-00513), LG Electronics (2:17-cv-00515), and ZTE (2:17-cv-00517) of infringing four messaging patents (8,213,970; 9,408,055; 9,445,251; 9,467,838) through the provision of mobile devices, apps, and services that allow users to locate one another, track devices, and exchange text and multimedia communications. The plaintiff is related to Advanced Ground Information Systems, Inc. (AGIS), which previously asserted a different set of patents from the same family in an unsuccessful 2014 suit against Life360 (9:14-cv-80651) that ended in a verdict of non-infringement and a subsequent attorney fee award against the plaintiff. The trial followed nearly a year of acrimonious litigation, with Life360’s CEO sending a profanity-laced response to an AGIS demand letter and waging a subsequent PR campaign against the entity’s “troll-like behavior”.