Blue Spike LLC has added new cases against LeEco (LeMall) (6:17-cv-00063), Toshiba (6:17-cv-00053), and Vizio (6:17-cv-00060) to its long-running digital watermarking campaign. After accusing Juniper Networks (6:17-cv-00016) of infringement through various enterprise networking products in a January 6 complaint, the NPE’s latest filings shift the focus of the campaign back to consumer electronics. The three defendants are alleged to infringe multiple combinations of 27 different patents through the provision of smart TVs, with Toshiba laptops and smartphones sold by LeMall also at issue. Blue Spike’s complaint against Toshiba, filed on January 26, was soon followed by a victory for the company in another campaign, when a Delaware jury issued a finding of non-infringement in a case brought by Intellectual Ventures LLC. See here for more information about that verdict and the preceding litigation.
October saw Blue Spike LLC file two new cases in its digital watermarking campaign, pushing its defendant count to over 170. On October 11, the NPE sued electronics manufacturers Contixo, MTM Trading, Proexpress Distributor, TCL, and Visual Land (6:16-cv-01220), accusing the companies of infringing two patents through the provision of various mobile devices. The following week, it filed suit against several members of the Kudelski Group (2:16-cv-01191), alleging infringement of ten patents through watermarking technology used to secure video content. These latest cases straddled a loss in the Federal Circuit Court of Appeals for the NPE (16-1054). On October 14, the Federal Circuit affirmed a 2015 district court ruling that invalidated five of Blue Spike’s patents-in-campaign under Alice.
Blue Spike[NPE]filed five separate suits against Adobe Systems, Google, Civolution, Umami,andYahoo, alleging that the defendants’ identification and verification software or systems related to digital media content infringe four patents related to monitoring and analyzing systems. One of the in-suit patents (’175) was issued last month. Blue Spike has filed 15 prior suits since April 2004 against Attributor,Belden,BIO-key International, Echo Nest,Free Stream Media, iPharro, JVC, Miranda Technologies,Panasonic, Peer Media Technologies,Shazam Entertainment, SoundHound,Texas Instruments, Toshiba, TuneSat, Vercury, Viggle,andVobile. The suit against JVC, Panasonic, and Toshiba was dismissed without prejudice in November 2005. 8/22, Eastern District of Texas, no judge yet assigned, 6:2012cv00556; no judge yet assigned, 6:2012cv00557; assigned to Judge Leonard Davis, 6:2012cv00558; no judge yet assigned, 6:2012cv00564; no judge yet assigned, 6:2012cv00565.
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