Since the US Supreme Court issued its decision in TC Heartland v. Kraft Foods Group Brands, RPX has seen an upswing in venue-related filings by both plaintiffs and defendants—with indications that some NPEs may be throwing in the towel on Texas, while others are seemingly digging in. Defendants have also begun to adapt their defensive strategies, asserting more comprehensive interpretations of the patent venue statute and proactively maintaining their right to bring venue challenges down the road.
On the same day of a dismissal in a case filed against Apple in April 2014, CyWee Group Ltd., a British Virgin Islands entity affiliated with Industrial Technology Research Institute (ITRI), has filed a second suit asserting the same two patents (8,441,438; 8,552,978), this time against Samsung (2:17-cv-00140). The patents, the earliest two to issue from a family of three, generally relate to measuring, calculating, and outputting the movement of a device so that those movements can be translated to a two-dimensional screen. The accused products are certain Samsung smartphones and tablets.