Mesa Digital LLC, an entity associated with Ortiz & Lopez, PLLC (d/b/a OL PATENTS), has expanded a litigation campaign that has already stretched past the decade mark, with suits against Caterpillar (1:20-cv-07693) and Microsoft (1:20-cv-07691) in the Northern District of Illinois. The sole patent-in-suit generally relates to a “multimedia” mobile device, with the defendants accused of infringement through the provision of smartphones that support “bi-directional data communications”, including “video and text”, over cellular, Wi-Fi, and/or Bluetooth connections, as well as through the inclusion of core smartphone features such as a touchscreen display and a processor. Mesa Digital’s latest complaints are a departure from its recent practice of filing suits in pairs with campaign coplaintiff Ortiz & Associates Consulting, LLC (OAC).
Two NPEs associated with Ortiz & Lopez, PLLC (d/b/a OL PATENTS)—Mesa Digital LLC and Ortiz & Associates Consulting, LLC (OAC)—have continued their recent practice of filing suits in pairs, Mesa Digital suing Acer (3:20-cv-02337) in the Northern District of California and OAC hitting Hisense (1:20-cv-02193) in the Northern District of Illinois. A different patent from the same family is asserted in each new complaint, Mesa Digital’s generally related to a “multimedia” mobile device and OAC’s, to the transmission of video data from a wireless device to a “data rendering device”. Acer joins recent defendants HTC (sued in October 2019) and Zebra Technologies (in December 2019) in the mobile devices wing of this campaign; Hisense joins Panasonic (also in October 2019) and Microsoft (also in December 2019) in the video transmission wing. Issues surrounding service of complaints continue to plague the more recent suits brought by Mesa Digital alone in this long-running campaign.
One of the longest running litigation campaigns continued its sprawl past the decade mark in December, with Mesa Digital LLC filing suit against Zebra Technologies (1:19-cv-08217) and sibling entity Ortiz & Associates Consulting, LLC (OAC) hitting Microsoft (1:19-cv-08262), both in the Northern District of Illinois. The new Mesa Digital complaint accuses Zebra Technologies of infringing a single patent, generally related to a “multimedia” mobile device, through the provision of the TC8000, a mobile bar-code-scanning device, targeting its alleged support of cellular, Wi-Fi, and Bluetooth networking as well as its touchscreen user interface; Microsoft is accused of infringing a second patent from the same family through the provision of the Miracast Service, a wireless mirroring display standard, this asserted patent broadly concerning the transmission of video data from a wireless device to a “data rendering device”.
In a new District of Delaware suit, Ortiz & Associates Consulting, LLC (OAC) has accused Panasonic (1:19-cv-01921) of infringing a single “multimedia” mobile device patent from a family of 30-plus members, targeting the mirroring features of the company’s Viera-series televisions. OAC asserted the same patent, together with others from the same family, in an August 2018 case in the same district against Roku, which responded with a quick motion to dismiss under Alice. Delaware District Judge Maryellen Noreika teed that motion up for argument on June 14, 2019—just five days short of the five-year anniversary of the Alice decision itself—in an omnibus hearing that addressed five Section 101 motions filed in cases before her, the others filed by OpenPrint LLC, Sandboxed Software, LLC (d/b/a Sandbox Software, LLC), TrackTime LLC, and EncodiTech LLC. Judge Noreika’s treatment of these motions on a “Section 101 Day” tracks the procedure already used in Delaware a couple of times this year by District Judge Leonard P. Stark. OAC is now suing Panasonic, begging the question: how did that Roku motion fare? More broadly, four months later, how did Judge Noreika’s “Alice day” affect the progress of those other NPE campaigns?
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