Another ex parte reexamination of a patent asserted in litigation by IXI IP, LLC and IXI Mobile (R&D) Ltd. (collectively, IXI) has resulted in the issuance of both amended and new claims, prompting Apple (5:20-cv-04050) and Samsung (5:20-cv-04047) to file another set of declaratory judgment complaints against IXI. The venue is again the Northern District of California, where District Judge Haywood S. Gilliam, Jr. has been presiding over litigation between these parties for years, including over cases that Apple and Samsung filed last October seeking declaratory judgments of noninfringement and invalidity of claims from another patent, held unpatentable through inter partes reviews (IPRs) but arising somewhat anew through ex parte reexam.
Apple (4:19-cv-06769) and Samsung (4:19-cv-06773) have each filed an analogous complaint in the Northern District of California seeking declaratory judgments of claim preclusion, noninfringement, and invalidity of claims added by IXI IP, LLC and IXI Mobile (R&D) Ltd. (collectively, IXI) to a patent already held invalid. The Patent Trial and Appeal Board (PTAB) cancelled the patent’s claims through a final written decision in an inter partes review (IPR), a decision later affirmed by the Federal Circuit. Litigation over that particular patent nevertheless persisted. Why?