Affinity Labs, Persistent in the Face of PTAB Headwinds, Files Second Suit Against BlackBerry

June 3, 2018

Affinity Labs of Texas, LLC does not appear to be giving up its litigation against the two remaining active defendants in its content streaming campaign, BlackBerry and Netflix. In recent status reports filed with the Northern District of California, the parties noted the invalidation of myriad claims from asserted Affinity Labs patents as a result of multiple inter partes reviews; however, the NPE indicated that it intends to proceed as to the one claim left standing (because the PTAB did not institute trial as to that claim). In addition, Affinity Labs has filed a new complaint against BlackBerry (3:18-cv-03194), asserting three patents mentioned in its status report in the earlier BlackBerry case as forming the basis of a potential motion to amend that prior complaint. The accused products are certain smartphones built on the BlackBerry or Android operating systems.

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