Fujitsu (PFU Limited) (5:19-cv-04810) has filed a complaint in the Northern District of California, seeking declaratory judgments that certain of its ScanSnap scanners, and related software, do not infringe six patents held by Data Scape Limited. Data Scape, an Irish NPE, launched litigation over a portfolio acquired from Sony late last year, eventually hitting more than a dozen defendants in multiple district courts and before the International Trade Commission (ITC). Among those cases was a suit in the Eastern District of Texas, filed by Data Scape against other Fujitsu subsidiaries—the wrong Fujitsu subsidiaries, according to this new complaint, which attempts to join the dispute between the correct parties, doing so in California, rather than Texas. The filing comes as joint motions to dismiss to facilitate settlements have been filed across most of Data Scape’s ongoing cases, which were filed after the Central District of California issued an Alice order that dealt a serious blow to most of its original lawsuits.
Data Scape Limited continues to reorder its cloud computing campaign in the wake of a May 17, 2019 order from the Central District of California invalidating four challenged patents under Alice. District Judge David O. Carter ruled that those patents are patent-ineligibly directed to the abstract idea of “data storage, transfer, and processing”, prompting the NPE, that next week, to file voluntary dismissals and new complaints against previous defendants Amazon, Box, Dell, Dropbox, Pandora, Spotify, and Teradata and to file separate complaints against defendants Apple and Verizon. This past week, Data Scape added Citrix (2:19-cv-04667) to that first list, dismissing without prejudice a December 2018 complaint while filing a new one that asserts a single, newly issued patent, not litigated prior to the Alice invalidation.