Blue Spike, LLC v. WiOffer, LLC DC

The Patent Trial and Appeal Board (PTAB) continued to see the filing of petitions for inter partes review (IPR) against publicly traded NPEs in March 2017, including Acacia Research Corporation; Finjan Holdings, Inc.; Pendrell Corporation; TiVo Corporation (formerly known as Rovi Corporation); and Wi-LAN Inc. (WiLAN). A variety of prolific, privately held NPEs were also targeted for IPR throughout March, including Blackbird Tech LLC, General Patent Corporation, IP Edge LLC, Realtime Data LLC, and Papst Licensing GmbH & Company Kg, along with several inventors and inventor-controlled NPEs and an assortment of other plaintiffs.

Blue Spike LLC has filed another round of lawsuits in its long-running digital watermarking campaign, accusing Element Technologies (6:17-cv-00097), Giada Technology (6:17-cv-00098), NVIDIA (6:17-cv-00096), Razer (6:17-cv-00099), Roku (6:17-cv-00100), and Skystream Technologies (6:17-cv-00101) of infringing seven patents (5,745,569; 7,159,116; 7,475,246; 8,171,561; 8,538,011; 8,739,295; 8,930,719) through the provision of various Android-based mobile devices and set-top media players. These latest cases come a week after Kyocera filed a declaratory judgment (DJ) action (3:17-cv-00262) against the NPE, which had moved to dismiss its affirmative infringement suit against the company without prejudice just one day before (6:16-cv-01142). Kyocera’s complaint seeks a judgment of non-infringement for the ‘569 and ‘719 patents, which Blue Spike had asserted against the company’s Android smartphones.

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 four separate suits against Ensequence, Irdeto, Related Content Database, Technicolor, WiOffer, and Zeitera, alleging that the defendants’ content recognition software infringes four patents related to monitoring and analyzing systems.  One of the in-suit patents (’175) was issued last month.  Blue Spike has filed 20 prior suits since April 2004 against over 15 defendants, including Adobe, Google, JVC, Panasonic, Shazam Entertainment, SoundHound, Texas Instruments, Toshiba, and Yahoo.  The suit against JVC, Panasonic, and Toshiba was dismissed without prejudice in November 2005.   8/23, Eastern District of Texas, no judge yet assigned, 6:2012cv00567; assigned to Judge Leonard Davis, 6:2012cv00568; no judge yet assigned, 6:2012cv00570; 8/24, Eastern District of Texas, no judge yet assigned, 6:2012cv00572.