EveryMD.com LLC v. Google Inc.

The Patent Trial and Appeal Board (PTAB) saw the number of petitions for AIA review filed against NPEs drop by more than half in August 2017, down to 30 petitions from 68 in July. Petitions were brought in August against publicly traded Finjan Holdings, Inc., inventor Leigh M. Rothschild, and a mix of prolific private litigants, including Blackbird Tech LLC, Realtime Data LLC, and Uniloc Corporation Pty. Limited. Meanwhile, the Board instituted trial in August for petitions against a variety of entities, including the California Institute of Technology and publicly traded Quarterhill Inc. as well as IP Bridge, Inc.; Realtime Data; and Uniloc. The PTAB also issued final decisions throughout August in campaigns waged by publicly traded Acacia Research Corporation; Advanced Touchscreen and Gesture Technologies, LLC; Elm 3DS Innovations LLC; and Rosetta-Wireless Corporation.

Recent invalidation of two related patents (8,504,631; 9,137,192) under Alice notwithstanding, inventor-controlled EveryMD LLC has filed suit against Amazon (2:17-cv-05573), asserting a third patent (9,584,461) from the same family. The ‘461 patent generally relates to transmitting email messages between members of a group, with infringement allegations focused on the communications between buyers and sellers using “Amazon’s marketplace”. In May 2017, the same judge assigned to the new Amazon case granted a Facebook motion to invalidate the ‘631 and ‘192 patents as patent-ineligibly directed to versions of the abstract idea of “transmitting routine business communications”. EveryMD has since appealed the result to the Federal Circuit.

Inventor-controlled EveryMD LLC has sued Facebook (2:16-cv-06473) for a second time, asserting a more recently issued family member (9,137,192) of a patent that Facebook challenged in a 2014-2015 AIA proceeding (IPR2014-00242). Facebook is the third company so far sued over the ‘192 patent, which generally relates to generating webpages for members of a group; EveryMD has also asserted the patent in cases against Twitter and LinkedIn. This latest suit against Facebook brings EveryMD’s campaign defendant count to 14.