The sole litigation campaign of Hyper Search LLC, an affiliate of IPValuation Partners LLC (d/b/a IPVal), remains in Alice limbo as a validity challenge brought by defendant Facebook continues to hang over the asserted patents. While briefing for Facebook’s Alice motion ended in January, both parties have repeatedly apprised the District of Delaware of subsequent authority—including the Federal Circuit’s Aatrix Software and Berkheimer decisions, as well as subsequent opinions citing them. Undeterred, Hyper Search has expanded the campaign, filing new Delaware lawsuits accusing Foursquare Labs (1:18-cv-01274) and Snap (1:18-cv-01273) of infringing the same patents through the operation of their respective websites. The patents-in-suit belong to the same family and generally relate to a system for home page creation, graphical search engines, and a system for controlling information output based on user feedback, respectively.
On the heels of dismissal in the last remaining cases that it filed in June 2015, BSG Tech LLC has added five new suits, bringing the number of defendants in its sole litigation campaign to over 50. The new complaints, like the NPE’s previous filings, target the e-commerce websites of defendants 1-800-Flowers.com (Harry and David) (2:16-cv-00531), Autozone.com (2:16-cv-00529), Liberty Interactive (BuySeasons) (2:16-cv-00530), Rakuten (2:16-cv-00532), and Staples (2:16-cv-00533). In state records, BSG Tech has identified as its member Yun Sun Chong, an individual with connections to multiple other Texas NPEs.
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