Image Processing Technologies, LLC v. Samsung Electronics Co., Ltd. et al

In October 2018, the Patent Trial and Appeal Board (PTAB) continued to see petitions for inter partes review (IPR) filed against Native American tribes following the Federal Circuit’s July ruling that the tribes’ sovereign immunity does not apply in the context of IPR, including a petition brought against the Saint Regis Mohawk Tribe over patents at issue in the campaign waged by SRC Labs, LLC. That petition was filed shortly before the Federal Circuit declined to revisit its sovereign immunity opinion in late October. Also in October, the PTAB instituted trial in four IPRs against a subsidiary of Quarterhill Inc., which just reported a significant drop in quarterly patent licensing revenue over the previous year. Meanwhile, October saw a number of notable final decisions, including one issued in an IPR against a subsidiary of General Patent Corporation.

The Patent Trial and Appeal Board (PTAB) saw activity in AIA reviews against a variety of familiar plaintiffs in September, including validity challenges brought in campaigns targeting wireless communications technology and mobile devices. Among the NPEs hit with petitions for inter partes review (IPR) in September were Intellectual Ventures LLC, which continues to pursue its existing litigation as it divests other parts of its portfolio; and entities controlled by Fortress Investment Group LLC and Uniloc Corporation Pty. Limited, both of which have kept up a barrage of new litigation asserting former Pendrell Corporation patents. Also in September, the PTAB instituted trial in IPRs against Quarterhill Inc. and an NPE related to PanOptis Equity Holdings LLC, and issued final decisions against private plaintiffs including General Patent Corporation.

Throughout May 2018, the Patent Trial and Appeal Board (PTAB) saw activity in multiple long-running campaigns, including challenges brought against patents and plaintiffs with colorful and tangled litigation histories. The Board saw petitions for AIA review brought in May against Publishing Technologies LLC, an NPE controlled by patent attorney and frequent litigant Bradley D. Liddle; in the mobile devices campaign waged by AGIS Software Development LLC; and in the networking campaign brought by XR Communications, LLC. Also in May, the Board instituted trial for inter partes reviews (IPRs) against Iridescent Networks, Inc. and Oyster Optics, LLC. Final decisions issued in May include three against prolific plaintiff Realtime Data LLC, which saw claims cancelled from one of its data compression patents while another two survived unscathed, as well as final decisions cancelling claims from patents held by General Patent Corporation and VirnetX Holding Corporation.

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.

Image Processing Technologies, LLC, a subsidiary of General Patent Corporation (GPC), has filed suit against Samsung (2:16-cv-00505), asserting five image processing patents (6,959,293; 7,650,015; 8,805,001; 8,983,134; 8,989,445). The new complaint accuses Samsung of infringement through the manufacture and sale of smartphones and tablets with cameras that include image and face detection and auto focus features.