Wireless Monitoring Systems LLC v. Charter Communications, Inc. DC

Multiple Delaware NPEs under the same apparent control have each taken over the litigation of patents—earlier passed to a Texas entity for assertion—after the patents have boomeranged back. Most recently, Circuit Ventures LLC assigned a family of circuit monitoring patents to Texas entity Wireless Monitoring Systems LLC, which asserted them in litigation from November 2016 to January 2019 before assigning the family back. Circuit Ventures has sued NXP Semiconductors (6:19-cv-00275) and Pepprl + Fuchs (4:19-cv-01515) in April 2019 and Honeywell (1:19-cv-00857), Link Interactive (1:19-cv-00856), and Scout Security (1:19-cv-00858) so far in May. Likewise, Universal Cipher LLC assigned a single patent generally related to “dynamic” text generation to Cumberland Systems, LLC, which asserted it in litigation from May 2017 to May 2018 before returning the patent to Universal Cipher, which has now sued Best Buy (2:19-cv-00160), Target (2:19-cv-00163), and Wal-Mart (2:19-cv-00164) over it. These reversals, as well as other assignment activity, suggest a return to Delaware for these and other NPEs affiliated with the same patent attorney, perhaps motivated by a recent Federal Circuit opinion clarifying that targets of letter-writing campaigns can seek declaratory judgments in their home districts, rather than risk being sued elsewhere.

Wireless Monitoring Systems LLC has filed six more cases in its sole litigation campaign, conducted since its outset in November 2016 in the Eastern District of Texas. The six new suits, each also filed in that district, hit Ascent Capital Group (“MONI Security, LP”) (2:17-cv-00503), AT&T (2:17-cv-00501), Charter (2:17-cv-00505), Comcast (2:17-cv-00502), Smith Thompson Security (2:17-cv-00504), and Vector Security (2:17-cv-00506). Wireless Monitoring has asserted two circuit monitoring patents (8,912,893; 9,280,886) in each complaint in the campaign, targeting the defendants’ provision of wireless security systems that include some combination of a control pad, a hub, motion detectors, and sensors for doors and windows. In TC Heartland’s aftermath, the NPE has hinged proper venue on different allegations for the various new defendants.

Recently formed Texas NPE Paluxy Messaging, LLC has initiated a first litigation campaign with new cases filed against 8×8 (6:16-cv-01346), Longview Cable Television (6:16-cv-01345), Nextiva (6:16-cv-01348), and ShoreTel (6:16-cv-01350). Paluxy asserts a single patent (8,411,829) generally related to a messaging system that separately transmits copies of recorded messages. The NPE accuses the defendants of infringement through provision of their voicemail services. The ‘829 patent has five named inventors, one of whom, James D. Logan, is a prolific inventor whose patents have been the subject of high-profile past litigation, including the long-running Personal Audio LLC campaign. Public filings in connection with an appeal to the New Hampshire Supreme Court from Logan’s divorce decree indicate that his now second ex-wife, Caren, has been awarded, through a separate patent stipulation, a percentage interest in Logan’s patent holdings through the companies that own them.

Wireless Monitoring Systems LLC has added five new cases to its new security system campaign, less than a week after it first began filing litigation. The Texas-based NPE has accused Frontpoint Security Solutions (2:16-cv-01239), Mivatek (2:16-cv-01238), SimpliSafe (2:16-cv-01241), Skylink (2:16-cv-01240), and Vivint (2:16-cv-01242) of infringing two circuit monitoring patents (8,912,893; 9,280,886) through the provision of wireless security systems that include some combination of a control pad, a hub, motion detectors, and sensors for doors and windows.

Wireless Monitoring Systems, LLC has initiated suit for the first time, asserting two patents (8,912,893; 9,280,886) generally related to circuit monitoring. The wireless security systems of defendants 3D Security (2:16-cv-01227), ADT (2:16-cv-01226), CenturyLink (2:16-cv-01228), iSmartAlarm (2:16-cv-01229), and Patroltag (d/b/a Korner d/b/a Korner Safe) (2:16-cv-01230) are accused of infringement. Wireless Monitoring alleges that the “control panels, hubs, and sensors” within those systems constitute devices that monitor an electrical parameter (e.g. the resistance of a circuit), comparing that parameter to values associated with a “safe” or “normal” condition and an “alarm” condition.