The first litigation of Gamehancement LLC over former Intellectual Ventures LLC (IV) patents transferred to it by Mind Fusion LLC earlier this year has been a barrage. The defendants—Accton Technology (Edgecore Networks) (2:23-cv-00569), Akamai Technologies (6:23-cv-00829), Analog Devices (2:23-cv-00566), Broadcom (6:23-cv-00839), Canva (6:23-cv-00840), Dropbox (6:23-cv-00830), Fortinet (2:23-cv-00570), Garmin (6:23-cv-00841), Infineon (6:23-cv-00843), INKA Entworks (2:23-cv-00572), Kenko Tokina (2:23-cv-00574), Kudelski (2:23-cv-00575), MediaTek (6:23-cv-00844), Ricoh (6:23-cv-00838), Siemens (6:23-cv-00831), and Sophos (2:23-cv-00580)—have each been sued in either the Eastern or Western District of Texas over a wide array of products, ranging from camera lenses to networking solutions.

The Federal Circuit has overturned the $2.2B infringement verdict that VLSI Technology LLC won against Intel in March 2021. In a December 4 precedential opinion, the appeals court affirmed a Western District of Texas jury’s finding of literal infringement as to one patent but reversed as to the other, which the jury found infringed under the doctrine of equivalents (DOE)—the court determining instead that VLSI had failed to provide sufficient evidence for that $675M slice of the verdict. As for the remaining $1.5B awarded for the first patent, the court held that VLSI had made a crucial error in its damages case by factoring in the value of noninfringing technology, vacating and remanding for a new trial on that issue. The opinion was also notable for restoring Intel’s license defense based on the 2020 purchase of Finjan, Inc. by Fortress Investment Group LLC, to which VLSI is tied, the Federal Circuit holding that District Judge Alan D. Albright was wrong to reject that defense as futile.

CLOUD SYSTEMS HOLDCO IP LLC (CSHIP) has filed a second suit against each of Carrier Global (8:23-cv-02269) and Philips (Philips North America) (7:23-cv-00186), this time targeting the UltraSync mobile app and Philips Avent baby monitor, respectively. At issue are features such as remote control and remote monitoring. The two asserted patents, asserted in overlapping sets, generally relate to controlling an “environment” through a server and a control client. Since launching its sole litigation campaign in October 2022, the plaintiff has sued 12 defendants including Alphabet (Google), Amazon (Ring), Bosch (Bosch Security Systems), NRG Energy (Vivint), and Samsung.

So far in December, Empire IP LLC plaintiff IoT Innovations LLC has added a Southern District of Florida case against Somfy Systems (9:23-cv-81528) in its sole litigation campaign, launched in November 2022. The five patents-in-suit, each acquired from Intellectual Ventures LLC (IV) that July, are broadly directed to various aspects of networking and wireless communications. Somfy Systems is targeted over the provision of its Somfy Home and Security Systems-series products, which include various smart cameras, fixtures, keypads, lights, and mobile apps, as well as related encryption and wireless communications technologies.

Last December, a “Puzzling Pair of ‘Vilox’ Plaintiffs File[d] New Suits in West Texas” (December 2022), one against each of Oracle and Salesforce, those plaintiffs represented by Ramey LLP. Oracle responded with a declaratory judgment complaint in Delaware, and since then both Texas cases have been transferred, Oracle’s to Delaware and Salesforce’s to the Northern District of California. The named inventor for the patents-in-suit has intervened, having apparently moved ownership of them to himself as an individual, and—at least in Delaware—is proceeding pro se after Ramey LLP filed a motion to withdraw from the representation, citing “irreconcilable differences”. However, a letter submitted to District Judge Maryellen Noreika in Delaware by Joseph L. DeBellis, that named inventor and now pro se litigant, recounts his version of events behind the words “irreconcilable differences”.

So far in November, CDN Innovations, LLC, an entity associated with monetization firm IPInvestments Group LLC (d/b/a IPinvestments Group), has added Hon Hai Precision Industry (Linksys USA) (1:23-cv-01342) as a defendant to its sole litigation campaign, launched in May 2020. The two patents-in-suit, received from Intellectual Ventures LLC (IV), generally relate to detecting computer port inactivity. Linksys USA is accused of infringement through the provision of networking products (i.e., modems and routers) that implement port triggering.

Galicia IP LLC has expanded its sole litigation campaign with a suit against VOXX International (6:23-cv-02260) in the Middle District of Florida. The sole asserted patent generally relates to a vehicle alarm system, with the plaintiff’s infringement allegations targeting the provision of the Viper SmartStart product. At issue are features related to antitheft systems, mobile device connectivity, and vehicle monitoring. Since launching this, its sole litigation campaign, in October 2023, Galicia IP has sued Firstech, Honda, and Tesla.

Since late last year, Delaware Chief Judge Colm F. Connolly has expressed increasing concerns over the activities of multiple litigating plaintiffs linked to IP Edge LLC and a related consulting firm, MAVEXAR LLC: namely, that by failing to disclose those relationships as required in his courtroom, those entities had possibly committed fraud. However, he has stopped short of detailing the possible ramifications of those actions—until now. On November 27, in a blistering, 105-page order, Judge Connolly found that IP Edge had been the “de facto” owner of the patents asserted by its litigating affiliates and held that the entity and its principals should face “consequences” for their improper attempt to “use separate LLCs to insulate themselves” from liability: He has now called upon the Department of Justice (DOJ) and the USPTO to potentially investigate these misrepresentations. Judge Connolly has also teed up potential punishment for some of the individuals involved: He has referred certain attorneys employed by IP Edge (which is not a law firm) to a Texas disciplinary body for the unauthorized practice of law and has referred the LLCs’ local and lead counsel to state disciplinary bodies for improperly treating IP Edge as their true client.

The first case filed by Aspen Networks, Inc., in October against AT&T (AT&T Mobility), is just underway before Eastern District of Texas Judge Robert W. Schroeder III. The plaintiff, apparently backed by a prominent litigation funder, has now filed separate complaints against Deutsche Telekom (T-Mobile) (2:23-cv-00558) and Verizon (Verizon Wireless) (2:23-cv-00557) in the same district, alleging infringement of the same patent. Aspen Networks describes that patent as “the fundamental technology required to reliably switch connections from a Wi-Fi network to a cellular network and vice versa without dropping the call”. Again targeted is the support of Voice over Wi-Fi (VoWi-Fi) in the defendants’ cell networks.

November 2023 saw Musicqubed Innovations, LLC begin its first litigation over a portfolio of former Intellectual Ventures LLC (IV) patents. The Ascend Innovation Management, LLC plaintiff started the month by suing Nexstar Media and The CW Network (2:23-cv-00514) and ended it by hitting Chicken Soup for the Soul Entertainment (CSSE) (Redbox Automated Retail) (2:23-cv-00514), both in the Eastern District of Texas and each over its respective mobile app and website. Multiple features are in the crosshairs, including those related to casting media content (e.g., over Chromecast); the use of “content protection and encryption functions”; certain web user interface elements; offline media viewing; media content rental and purchase; and live TV services. While MusicQubed received six of the eight asserted patents from IV, two of them came through an earlier deal, directly from the source of those patents.