Newly Issued and Acquired Patents in Hand, Cypress Lake Continues Prior Shift from Windows- to Android-Based Devices

  • December 16, 2017
  • Category: New Patent Litigation
    Market Sector: Mobile Communications and Devices

Last year, Cypress Lake Software, Inc. fired off a barrage of Eastern District of Texas lawsuits against companies making and selling desktop and tablet computers running Microsoft’s Windows 10: Acer, ASUS, Dell, HP, LG Electronics (LGE), Panasonic, Samsung, and Toshiba. A venue fight ensued, with the defendants moving to transfer the suits to the Western District of Washington because of the purported centrality of Microsoft in resolving those disputes. In May 2017, in the middle of that fight, Cypress Lake added a case against ZTE that further alleged infringement of some of the patents already asserted in those earlier cases through the provision of devices that use version 4.4.2 of Google’s Android operating system, arguing in opposition to the transfer motions that Google, a California company, would also be key to the litigation. Also in May, Microsoft filed petitions for inter partes review of three Cypress Lake patents, each of which was terminated in light of settlement in August, a few weeks after submission of a joint status report informing the district court that Cypress Lake had “executed an agreement with a non-party” triggering dismissal of the Texas cases after all. Since then, Cypress Lake has added three new cases to the campaign, one each against prior defendants HP (6:17-cv-00462) and LGE (1:17-cv-01133) and one against new defendant BlackBerry (6:17-cv-00692), all of them targeting “devices that come with, or can be upgraded to, Google’s Android operating system, version 7.0 or greater”.

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