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.