Orostream LLC v. AOL Inc.

Orostream LLC has resuscitated its sole litigation campaign with new complaints filed against Carbonite (2:16-cv-01205), Code42 Software (2:16-cv-01206), Dropbox (2:16-cv-01207), iDrive (2:16-cv-01208), KeepItSafe (2:16-cv-01209), and QNAP (2:16-cv-01210). Claims from the patent (5,828,837) asserted earlier in the campaign have been invalidated as anticipated and under Alice, apparently motivating the NPE to turn to the ‘837 patent’s only relative (5,768,508) now. Last year, the Eastern District of Texas characterized the subject matter of the ‘837 patent as “computer-implemented systems and methods for transferring information efficiently”, ruling that the only asserted claim (claim 37) is patent-ineligibly directed to the abstract idea of adjusting “the rate of information transfer based on feedback”. The new complaints, asserting the earlier, ‘508 patent, target the process by which the defendants’ websites provide information targeted to a user after log in.

The first litigation campaign from Orostream, LLC targeted ABS-CBN International, AOL, Barnes & Noble, Gaiam, Medianavico, Fox News, MLB Advanced Media, NFL Enterprises, NHL Interactive, Popcornflix, RLJ Entertainment, Target, Vevo, WWE, and Zuffa. The entity appears to be reviving a long-closed campaign, asserting a single patent previously asserted by EIT Holdings (5,828,837). The patent-in-suit relates to allowing a website to provide targeted information to a user, and the complaints accuse defendants’ content distribution apps of infringement.