ING Bank fsb v. LBS Innovations LLC

Apple (2:12-cv-00759) has joined over 100 other companies as a defendant in the largest of the over 45 litigation campaigns filed by affiliates of monetization firm Empire IP LLC. LBS Innovations, LLC has asserted a single patent—generally related to providing location-based information, including “entertainment, commercial offers, and advertising” to mobile devices—since March 2011, with the most recent dismissal, in a case brought against Best Buy, Car Toys, and Fry’s Electronics, entered in December 2018. LBS Innovations targets Apple Maps, as allegedly provided in smartphones (from the iPhone 4 on), tablets (certain iPads and iPod Touches), computers (certain iMacs and MacBooks), smartwatches (from Apple Watch Series 0), and in-dash navigational devices (CarPlay since June 2014), all allegedly through June 12, 2017, the date of expiration of the patent-in-suit.

LBS Innovations, LLC, an affiliate of monetization firm Empire IP LLC, has filed a new case in the largest of Empire IP’s over 40 litigation campaigns. The new complaint accuses Best Buy, Car Toys, and Fry’s Electronics (2:17-cv-00792) of infringing a single patent through the sale of GPS navigation devices made by either JVC Kenwood or Pioneer Electronics, neither of which is itself named as a defendant. The patent generally relates to providing location-based information, including “entertainment, commercial offers, and advertising” to mobile devices. LBS Innovations began this campaign in March 2011, with the number of defendants now topping 100.

ING Bank filed an action for declaratory judgment against LBS Innovations [NPE], seeking declaration that its website does not infringe a patent related to providing location-based offers to mobile devices.  ING Bank had previously filed this same action for declaratory judgment in Delaware on June 6, but voluntarily dismissed that case and re-filed in New Jersey.  LBS has filed four prior suits since March 2011 against over 30 defendants including 7-Eleven, Barnes & Noble, BP, Chick-fil-a, Choice Hotels, Citgo Petroleum, CompUSA, Conn’s, ConocoPhillips, Costco, Dave & Buster’s, GameStop, Hyatt, Keycorp, Marriott, McDonald’s, Merrill Lynch, and Sally Beauty Supply.  Microsoft previously filed an action for declaratory judgment against LBS in February 2012.  Dennis Hollenberg is the named inventor on the patent-in-suit, which was assigned to LBS in November 2010.  LBS Innovations is one of 14 portfolios controlled by Empire IP, a patent monetization entity managed by Daniel Mitry and Timothy Salmon.  Other notable Empire IP licensing programs include Cuozzo Speed Technologies, PanoMap, PotterVoice, Rotatable Technologies, and Secor View Technologies.  6/21, District of New Jersey, assigned to Judge Claire C. Cecchi and referred to Magistrate Judge Joseph A. Dickson, 2:2012cv03809.