Innovative Automation LLC v. Kno Inc.

Blackbird Tech LLC (d/b/a Blackbird Technologies) has launched its thirteenth litigation campaign since late 2014, asserting a single patent (7,174,362) already the subject of extensive litigation by its previous owner, Innovative Automation LLC. As RPX previously noted, Blackbird acquired the ‘362 patent in November 2016, and the NPE has now filed new cases against Mubi (1:17-cv-00099), Netflix (1:17-cv-00100), SoundCloud (1:17-cv-00101), Starz Entertainment (1:17-cv-00102), Studio 3 Partners (1:17-cv-00098), and Vimeo (1:17-cv-00103). The ‘362 patent generally relates to the duplication of digital data, and the accused products are the defendants’ apps that allow users to download video or audio files for later, offline viewing or listening.

This December Innovative Automation has filed seven suits, naming Kaleidescape, Kno, Kobo, Pacsgear, Redbox, Target, Verizon, and Vudu (Walmart) as defendants. Each case asserts a patent related to digital data duplication over a computer network (7174362). In the complaints, defendants’ media distribution and download services are accused of infringing the patent-in-suit. Innovative began this campaign in November 2012, naming a number of media distribution companies. It has also previously sued Kobo in a case from June 2013. The case was later consolidated with a number of other litigations filed by Innovative. Kobo was dismissed without prejudice from that action in October 2013 and the new case asserted the patent-in-suit along with an additional patent that is not involved in the current litigation. 12/6, Northern District of California, 4:13cv05648, 4:13cv05650, 4:13cv05651, 12/13, Eastern District of Texas, 2:13cv01103, 2:13cv01104, 2:13cv01108, 2:13cv01109