In the wake of the US Supreme Court’s TC Heartland decision, Silver State Intellectual Technologies, Inc. has conceded that venue is no longer proper in Nevada for a suit that it brought against Facebook (2:17-cv-00643) in March 2017. Facebook had filed a motion a week before the Supreme Court opinion on venue issued, challenging the sufficiency of the pleading in Silver State’s complaint and preserving its right to dismissal should the then-pending decision go the petitioner’s way. It did, and Silver State quickly stipulated to transfer to the Northern District of California, having filed an amended complaint buttressing its infringement allegations with more information, including claim charts. The Nevada court granted the stipulation on June 7.
Silver State Intellectual Technologies, Inc. (SSIT) has asserted two related patents (7,343,165; 8,892,117) in a new case targeting location-based features offered by Facebook (2:17-cv-00643): “Status Update/Check In” and “Place Tips”, respectively. The ‘165 patent generally relates to providing contact information based on location; and the ‘117 patent, to recommending nearby points-of-interest. Both issued to prolific inventor Michael L. Obradovich, who asserted many of his over 150 issued US patents in a prior campaign litigated through another controlled NPE, American Calcar, Inc. SSIT has thus far asserted 14 patents in its own campaign.
Silver State Intellectual Technologies, Inc.’s new suit (2:14-cv-00662) against Google asserts seven patents, five of which have been used in Silver State’s previous litigation. Google’s mobile devices, including Google Glass, as well as the Android operating system are accused of infringing the patents-in-suit (6,525,768; 6,529,824; 6,868,335; 7,593,812; 7,650,234; 8,538,498; 8,700,312). The ‘312 patent and ‘498 patent have not been seen in previous suits. Silver State’s portfolio of patents, including those asserted in this litigation, was acquired from American Calcar, Inc. and relates to geolocation capabilities in a mobile device. The entity’s campaign has been slowly growing since 2011 with more than ten patents-in-suit and defendants that include Apple and Garmin. 4/30, District of Nevada,
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