RPX Weekly Newsletter

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

Monday, April 15, 2019

Patent Litigation Feature

Federal Circuit Grants Retrial for CalAmp in Fleet Tracking Suit, Overturning $15M Judgment

The Federal Circuit has reversed a $15M final judgment in an Omega Patents LLC suit against CalAmp, ordering a new trial for many of the issues addressed in a February 2016 willful infringement verdict (2018-1309). In a precedential opinion issued on April 8, the Federal Circuit affirmed the jury’s finding that the company had directly infringed a single claim from one patent but granted a new trial as to two other patents, also issuing a judgment of noninfringement for certain claims from one of those two patents. The appeals court also granted a retrial as to the infringement of two of the patents-in-suit by CalAmp’s customers. Additionally, the Federal Circuit ordered a new trial on inducement based on the prejudicial exclusion of testimony by a CalAmp executive and its outside counsel. The Federal Circuit further reversed and remanded as to the jury’s finding of willfulness and overturned the lower court’s enhanced damages award.

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Patent Watch

March 2019 RPX Acquisitions Update

RPX completed a number of acquisitions in March 2019 on behalf of its patent risk management network. The acquisitions occurred within the following market sectors: Networking; Mobile Communications and Devices; E-Commerce and Software; Automotive; Financial Services; and Semiconductors.

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USPTO Records Confirm Parts of a Large-Portfolio Acquisition by Dominion Harbor

This past week, the USPTO made public new details about Panasonic’s March 2019 patent assignment to Sovereign Peak Ventures, LLC (SPV), an affiliate of Dominion Harbor Enterprises, LLC. Meanwhile, SPV has an ongoing campaign asserting a subset of patents received in a large-portfolio acquisition from Panasonic last year, which has so far hit Anker, Feit Electric, Lifi Labs, and SengLED.

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New Patent Litigation

As Litigation Against Samsung Winds Down, Red Rock Analytics Sues Apple

Inventor-controlled Red Rock Analytics, LLC has filed a second suit in the litigation campaign begun in February 2017, suing Apple (2:19-cv-00117) in the Eastern District of Texas over the same patent. That patent broadly concerns transceivers with a system for calibrating I and Q signals, with infringement allegations in the new complaint focused on devices—various models of iPhone, iPad, iPod touch, Apple Watch, Airport, Time Capsule, and Mac as well as the Homepod—compliant with the 802.11n Wi-Fi standard and with later versions of Wi-Fi (“e.g. 802.11ac, 802.11ad, and/or 802.11ax”), including “802.11n and later wireless transceivers made by Broadcom”. This new case follows as the prior suit, filed against Samsung in the same district, appears to be headed toward dismissal on the eve of trial.

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Fortress (as Seven Networks) Takes Aim at Apple in the Eastern District of Texas

Following dismissals in cases against Alphabet (Google) and Samsung, Fortress Investment Group LLC affiliate Seven Networks LLC has added an Eastern District of Texas case against Apple (2:19-cv-00115) to the litigation campaign that it began in May 2017. Sixteen patents are asserted in the new complaint, each with original development work done by Seven Networks Inc. (f/k/a Leap Corporation), a mobile email company that converted to the current Fortress LLC in July 2015. A wide range of Apple products and services are targeted, in various overlapping groups across the allegations of infringement of the 16 patents-in-suit.

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QPRC Also Sues Apple in the Eastern District of Texas

Quest NetTech Corporation, a subsidiary of publicly traded Quest Patent Research Corporation (QPRC), has begun a new litigation campaign, suing Apple (2:19-cv-00118) over a single reissue patent broadly directed to a credit card system that stores “financial transaction records of a plurality of financial accounts”. The NPE alleges that Apple infringes the patent through the provision of the iPhone 6, running iOS 8, 9, and/or 10, as used for Apple Pay. Quest NetTech’s suit was filed in the Eastern District of Texas, alleging proper venue in the district based on the presence of two Apple retail stores there—stores that Apple reportedly has plans to close.

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Empire IP Campaign over Location-Based Services Tags Apple…in the Eastern District of Texas

Apple (2:12-cv-00759) has joined over 100 other companies as a defendant in the largest of the over 45 litigation campaigns filed by affiliates of monetization firm Empire IP LLC. LBS Innovations, LLC has asserted a single patent—generally related to providing location-based information, including “entertainment, commercial offers, and advertising” to mobile devices—since March 2011, with the most recent dismissal, in a case brought against Best BuyCar Toys, and Fry’s Electronics, entered in December 2018. LBS Innovations targets Apple Maps, as allegedly provided in smartphones (from the iPhone 4 on), tablets (certain iPads and iPod Touches), computers (certain iMacs and MacBooks), smartwatches (from Apple Watch Series 0), and in-dash navigational devices (CarPlay since June 2014), all allegedly through June 12, 2017, the date of expiration of the patent-in-suit.

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DRM Products and Services at Issue in New Delaware Campaign

DRM Vectors, LLC, an entity created in Delaware late last month, has initiated a new litigation campaign, suing Alphabet (Google) (1:19-cv-00653), Barnes & Noble (1:19-cv-00652), Lulu Enterprises (1:19-cv-00654), Microsoft (1:19-cv-00655), and Oracle (1:19-cv-00656) in that state. Each defendant is accused of infringing a single patent, generally related to a digital rights management (DRM) system that provides content from an “order server” and verifies content access privileges using an authentication server, through the provision of products and services offering DRM, calling out Google Play and Google Play Books, the Barnes & Noble eBook Platform, Lulu eBooks/eBook Platform, Microsoft’s PlayReady, and the Oracle Information Rights Management platform, respectively.

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