RPX Weekly Newsletter

An Update on Patent Litigation, the Patent Marketplace, and New Cases

Monday, June 18, 2018

On June 13, the Patent Trial and Appeal Board instituted inter partes review (IPR) of all claims of a Deshodax, LLC patent pursuant to a petition filed by RPX. Deshodax (an apparent IP Edge LLC affiliate) has asserted the patent against ten providers of smartphones with autofocus cameras. For information about the over 50 IPRs filed by RPX to date, including the petition filed against Deshodax, see here.

Patent Litigation Feature

Federal Circuit Denies Early Reversal of Gilstrap Rule That Intervenors Automatically Waive Right to Challenge Venue

The Federal Circuit has denied a petition for writ of mandamus filed in a Texas lawsuit by three mattress manufacturers that were prevented from challenging venue after intervening in a case against a reseller of their products. At issue in that lawsuit, filed by Team Worldwide against Wal-Mart, are inflatable mattresses sold by the defendant but made and sold by Bestway, Coleman, and Intex, all of which intervened in the lawsuit on the grounds that they, and not Wal-Mart, were the “true defendants” in the case. However, in February, District Judge Rodney Gilstrap denied the manufacturers’ motion to sever and transfer the claims against them, holding that by intervening they had automatically waived their right to challenge venue. In its June 13 ruling on the manufacturers’ mandamus petition, the Federal Circuit cited the unsettled nature of the law on this particular waiver issue and held that other relief was available to the petitioners, including an appeal following a final judgment (2018-0131).

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Patent Watch

Mid-June USPTO Records Include Assignments to QPRC and Finjan

As CXT Systems, Inc., a subsidiary of publicly traded NPE Quest Patent Research Corporation, adds more retailers to its ecommerce campaign, the USPTO continues to make public additional patent assignments from Intellectual Ventures LLC (IV) to CXT. Mid-June assignment records also include a recent transfer of 31 patent assets from IBM to Finjan Blue, Inc.

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May 2018 RPX Acquisitions Update

RPX completed a number of acquisitions on behalf of its patent risk management network in May 2018, obtaining rights to the patents involved either to end litigation against its members or to prevent it in the first place. Acquisitions occurred within the Consumer Electronics and PCs; Semiconductors; and E-Commerce and Software market sectors.

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New Patent Litigation

Unfazed by Alleged “Extraordinary Circumstances” Before the PTAB, VoIP-Pal Sues Amazon

Publicly traded VoIP-Pal.com, Inc. has followed its recently filed, second case against Apple with a first case filed against Amazon (2:18-cv-01076), both in the District of Nevada. Both complaints assert the same four patents, all issued within the last year or so and all generally related to routing messages between private and public networks based on stored caller profiles. At issue in the Amazon complaint are Alexa’s calling and messaging features, together with various other devices either provided by Amazon (e.g., Amazon Echo, Amazon Tap) or equipped with the Alexa app (e.g., certain Android mobile phones, Apple iOS mobile phones). This recent activity seems to have been triggered by final written decisions in two inter partes reviews (IPRs) of patents previously asserted against Apple (and others), sustaining all of the claims challenged. However, those proceedings have yet to conclude, with Apple seeking to reverse those judgments as a sanction against VoIP-Pal for allegedly improper communications with the Patent Trial and Appeal Board (PTAB).

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NPE Ordered to Pay Roughly $65K in Sanctions Faces DJ Action in Texas

Citing Traxcell Technologies, LLC’s accusations in a case filed against AT&T in the same jurisdiction last October, Telenav has asked the Eastern District of Texas for a declaratory judgment that it does not infringe one of the four patents earlier asserted. Telenav notes that the NPE accused the AT&T Navigator app of infringing the patent, which generally relates to a system for maintaining the expected performance of a wireless network based on the location of mobile devices. AT&T Navigator is a Telenav product, prompting AT&T to seek indemnification. Traxcell has filed this campaign in two waves, one in January 2017 against device makers and the other in October 2017 against wireless carriers, the former resulting in extensive motion practice over the sufficiency of Traxcell’s infringement contentions that led to sanctions against the plaintiff.

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Latest Curiously Named IPVal Affiliate to File Suit Does So over Search Results Patents

Errol LLC, another affiliate of monetization firm IP Valuation Partners LLC (d/b/a IPVal), has initiated a new litigation campaign, filing suit against Coveo Software (1:18-cv-00888) and Micro Focus (1:18-cv-00889) over two patents generally related to organizing search results. Errol accuses the defendants of infringement through the data indexing and search features in Coveo Platform 7.0 and in Micro Focus IDOL, respectively, the latter product acquired as part of the September 2017 merger between Micro Focus and the software business of HP Enterprise. Errol’s campaign appears to be IPVal’s fifth new campaign in the last six weeks, and eighth new campaign in 2018 so far, with more likely on the way.

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CUPP Computing Adds Case Against Symantec to Month-Old Campaign

Norway’s CUPP Computing AS, together with its Delaware subsidiary, CUPP CyberSecurity LLC, have added a second Northern District of Texas case to the litigation campaign begun last month against Trend Micro. The new complaint accuses Symantec (3:18-cv-01554) of infringing the same eight patents, generally related to security mechanisms for mobile networks and devices, through the sale of a long list of anti-malware products, including products characterized as Symantec Endpoint Security products, Network Security products, Endpoint Encryption, and Norton Security products.

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Power Management Campaign Sees Xerox Exit, Oki Data Enter

PC Coma LLC, an affiliate of monetization firm IP Valuation Partners LLC (d/b/a IPVal), has added a second case to the litigation campaign that it began at the end of May by suing Xerox in the Eastern District of Texas. The new defendant is Oki Electric Industry (Oki Data Americas) (1:18-cv-00872), with the Delaware complaint again asserting a single patent, generally related to power management in computing devices, against the defendant’s multifunction printers (the “Okidata MB472w”). The accused model’s power management system—i.e., its “Power Save Mode” and “Sleep Mode”—is at issue. The day after PC Coma filed against Oki Data, it voluntarily dismissed the Xerox complaint.

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