Olivistar, LLC v. Oregon Scientific, Inc.

The fourth NPE to receive patents formerly owned and asserted in litigation by Olivistar LLC, an entity managed by patent monetization firm IP Edge LLC, has now asserted the patent received in a third field of use. Olivistar asserted a single patent, generally related to using self-learning rules to monitor whether a measurement deviates from a previous norm and, if so, generating an alert, in a round of suits targeting fitness trackers. In August 2016, IP Edge moved the patent from Olivistar to apparent affiliate Silkeen LLC, which asserted it in another round of litigation, this one alleging infringement through the manufacture and sale of systems having environmental (i.e., temperature and humidity) sensors. Over the summer, Silkeen’s campaign has taken another turn, focusing infringement allegations on medical tracking devices, with the most recent suit hitting Medtronic (0:17-cv-04271) in the District of Minnesota.

A fourth NPE to receive patents formerly owned and asserted in litigation by Olivistar LLC, an entity managed by patent monetization firm IP Edge LLC, has now filed cases of its own. On August 31, 2016, Olivistar assigned the patent-in-suit (7,944,469) to Silkeen LLC, which has continued Olivistar’s campaign, albeit in a different market sector. Where Olivistar targeted fitness trackers, Silkeen has filed ten suits alleging infringement through the manufacture and sale of systems having environmental (i.e. temperature and humidity) sensors by defendants Cooper-Atlas, Grid Connect, L-Com, Mesa Monitoring, Monnit, National Instruments (Measurement Computing), Omega Engineering, Onset Computer, Primex Wireless, and TempAlert.

NPE Olivistar LLC has filed six suits, one each against makers of fitness monitoring devices, including Aliph (Jawbone) (2:14-cv-00534), Fitbit (2:14-cv-00539), Garmin (2:14-cv-00540), Nautilus (2:14-cv-00537), Nike (2:14-cv-00541), Oregon Scientific (2:14-cv-00542), and Polar Electro (2:14-cv-00543). Defendants are accused of infringing a patent generally related to a monitoring a device using self-learning rules (7,944,469). Olivistar’s complaints accuse defendants’ wrist bands that wirelessly monitor personal data including movement, caloric intake, and sleep patterns. The asserted patent originated with former operating company, Vigilos, Inc., and was assigned in 2010 to an unrelated entity, Vigilos, LLC, which is affiliated with IP Navigation Group, LLC (d/b/a IPNav). These suits appear to be the first time that the ‘469 patent has been litigated; the majority of Olivistar’s recent cases assert two other former-Vigilos patents that relate to network-based remote device control. 4/24, Texas Eastern District Court,

New NPE Olivistar filed suits against forty four companies including ADT, Amazon, American Traffic Solutions, Belkin, Blackberry, Boxee, Creston, D-Link, Facebook, Global Media, Honeywell, LG, Logitec, Lowes, Motorola, NETGEAR, OnStar, Panasonic, Philips, Roku, Samsung, Skype, Somfy, Sony, Tivo, Vivint, and Vizio. Olivistar’s complaints accuse a broad spectrum of products and services including online chat, home security and automation, wireless infant monitors, streaming media players, and a game console. The patents-in-suit relate to networked-based remote device control (6,839,731, 8,239,481). One of the two patents (the ‘731 patent) was previously asserted in litigation between 2010 and 2011 against at least ten companies by IPNav-entity Vigilos. That campaign included ADT, Cisco, DISH, Intel, and Sling Media; all defendants were later dismissed from the cases, mostly with prejudice within six months to a year of the complaint being filed. RPX reviewed the ‘731 and ‘481 patents in an open market opportunity in 2008 (Vigilos-OMA). In 2010 the patents were assigned to Boulder River Holdings, an entity that appears to be tied to Vigilos. No subsequent assignments have been recorded with the USPTO. 4/14, Texas Eastern District Court, 2:14cv00338, 2:14cv00339,  2:14cv00340,  2:14cv00341,  2:14cv00342,  2:14cv00343,  2:14cv00344,  2:14cv00345, 2:14cv00346, 2:14cv00347, 2:14cv00348, 2:14cv00349; 4/23, Texas Eastern District Court, 2:14cv00390, 2:14cv00391, 2:14cv00393, 2:14cv00395, 2:14cv00399; 4/24, Texas Eastern District Court, 2:14cv00512, 2:14cv00514, 2:14cv00515, 2:14cv00516, 2:14cv00517; 2:14cv00518, 2:14cv00519, 2:14cv00520, 2:14cv00521, 2:14cv00522, 2:14cv00524, 2:14cv00525, 2:14cv00526, 2:14cv00528, 2:14cv0052, 2:14cv00530, 2:14cv00531, 2:14cv00533, 2:14cv00534, 2:14cv00536, 2:14cv00537, 2:14cv00538, 2:14cv00539, 2:14cv00540, 2:14cv00541, 2:14cv00542, 2:14cv00543; 4/25, Texas Eastern District Court, 2:14cv00545, 2:14cv00546, 2:14cv00547, 2:14cv00548; 2:14cv00550, 2:14cv00551; 2:14cv00553, 2:14cv00554, 2:14cv00555