Last August, Virginia Innovation Sciences, Inc. (VIS) filed additional, separate cases against Amazon and HTC, asserting patents that had just issued in a large family already in litigation against the two companies. Those suits were dismissed without prejudice shortly thereafter, apparently to let the earlier cases play out. They now have—at least partially. In an April 2018 per curiam decision, the Federal Circuit upheld judgments from the Eastern District of Virginia ending cases in Amazon’s and HTC’s favor as to most of the patents asserted, and earlier in the year, VIS appealed subsequent orders in the defendants’ favor as to the remaining patents. Rather than await outcomes in those second appeals, VIS has opened up new cases against both Amazon (4:18-cv-00474) and HTC (4:18-cv-00476), this time asserting even newer patents, issuing in March 2018 and April 2018, as well as reasserting those August 2017 patents. The plaintiff has also filed separate cases against Honeywell (4:18-cv-00475) and Philadelphia Contributionship Mutual (Vector Security) (4:18-cv-00477), asserting one of the 2018 patents also at issue against Amazon and HTC. All of this new litigation has been filed in the Eastern District of Texas, rather than in Virginia.
Virginia Innovation Sciences, Inc. (VIS) has filed a second case against Amazon (2:17-cv-00422), asserting two patents already at issue in a separate, July 2016 suit against the defendant, as well as two patents newly asserted in the campaign, one of which issued on the date the complaint was filed, August 8. That same day, VIS filed yet another case against HTC (3:17-cv-00560), asserting two patents not among the multiple, related patents already at issue between the two defendants. In January 2017, those patents, also asserted against Amazon, were invalided under Alice, as patent-ineligibly drawn to the abstract idea of “converting a video signal for a mobile terminal to an ‘alternate display terminal’”. VIS has appealed that ruling to the Federal Circuit (2017-1482), as litigation before the district court continues.