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New East Texas Complaint Against Samsung References Wi-Fi 7 Standards
New Patent Litigation
XiFi Networks R&D, Inc. has filed suit against Samsung (2:24-cv-01057) over the provision of products that support multiple link operation over Wi-Fi 7, including smartphones, tablets, laptops and Chromebooks, TVs, and smartwatches. For each asserted patent, the Galaxy S24 Ultra smartphone is listed as a “representative example” of Samsung’s infringement, with nine wireless networking patents asserted in the new Eastern District of Texas complaint.
December 21, 2024
Longtime Patent Collector Shifts Gears
Patent Market, Patent Watch
The recent transfer of a batch of US patents to a new Texas LLC is the first divestiture to appear in publicly available USPTO records from a British Virgin Islands entity that seemed, up to now, to be in the sole business of collecting patents. For more than ten years, the assignor—through nearly 70 separate transfers—has been observed scooping up US patent assets, from large operating companies; smaller businesses, some of which have ceased operations; at least one university and one prominent research institution; inventor-controlled entities; IP advisory firms; and other NPEs, only a few of which had previously filed litigation. The newly recorded assignment, to a Texas entity, is a shift, suggesting that more change may be afoot here.
December 21, 2024
VB Assets Secures Higher Ongoing Royalty Rates, Sues Apple, SoundHound AI
New Patent Litigation
VB Assets, LLC has sued Apple (1:24-cv-01368) over the provision of devices, including the AirPods, Apple TV, Apple VisionPro, Apple Watch, HomePod, iPhone, iPads, and Mac-series devices, that support the Siri virtual assistant. Six natural language processing patents are asserted in the new District of Delaware complaint. The case has been assigned to Judge Maryellen Noreika, who also presides over a suit filed last month against SoundHoundAI (1:24-cv-01279) and who recently set ongoing royalty rates—of $0.25 “per net new Alexa shopping user” and $0.45 “per net new Alexa user” following a November 2023 jury verdict for VB Assets in a case that the plaintiff filed against Amazon back in 2019.
December 20, 2024
HPE Sued over Network Operations and Management Software
New Patent Litigation
Inventor-controlled Swarm Technology, LLC has added a case against HP Enterprise (HPE) (4:24-cv-04927) in the Southern District of Texas. The asserted patents are broadly directed to parallel processing, with HPE accused of infringement through the provision of the HPE GreenLake platform, HPE Aruba Networking Central solution (as allegedly integrated into GreenLake), and related networking devices (e.g., access points and switches). At issue are features related to network operations and management.
December 20, 2024
Samsung Targeted with Former BBN Technologies Patent
New Patent Litigation
Samsung (2:24-cv-01051) is the latest defendant to be added to the sole litigation campaign of Nodal Technologies LLC, launched in May 2022 with a suit against Deutsche Telekom (T-Mobile). In the new Eastern District of Texas complaint, the plaintiff asserts a single patent generally related to a certain “mobile communications station” in a network that is organized into “clusters”; Samsung is accused of infringement through the provision of base stations, including the CDU50 Next Generation Baseband Unit, that support certain cellular networking technologies (i.e., LTE (eNB) and NR (gNB)).
December 20, 2024
LS Cable Sues Apple over Reexamined Wireless Charging Patent
New Patent Litigation
In a Northern District of California complaint, LS Cable & System Ltd. has sued Apple (3:24-cv-09194) over the incorporation of wireless charging chips that support the Qi standard—including those manufactured by Broadcom—in its various devices (e.g., smartphones, smartwatches, and wireless earphones). A single patent generally related to a contactless chargeable battery is in suit; while the plaintiff pleads that it sent Apple a notice letter as early as March 2019, it alleges willful infringement as of September 2023, when a reexamination certificate issued for the sole asserted patent.
December 20, 2024
Six Impossible Things Between The Silmarillion and Harry Potter
Patent Market, Patent Watch
Patent assignments recently made public by the USPTO reveal a pair of notable transactions, one to a Texas entity that recently filed suit against Samsung in Europe and another to a Texas monetization firm already in possession of three other US “investments” (i.e., portfolios), only one of which it has litigated to date, against Acer, HP, Dell, and TCL. The first transfer raises the question of whether US litigation might be coming from the same patent holder, as well as whether other LLCs from Middle Earth might arrive on these shores, perhaps a Turgon LLC, or a Finrod Felagund LLC, while the second transfer, among other things, stretches everyone’s Artic vocabulary.
December 15, 2024
Federal Circuit: Changes to Provisional Application Can Inform Claim Scope
Patent Litigation Feature
Limiting statements made during prosecution can have a pivotal impact on claim scope if a patent is subsequently litigated. Under the doctrine of prosecution disclaimer, a court may bar a patent owner from asserting that a claim covers a particular feature if a statement by the applicant during prosecution amounted to “a clear and unmistakable disavowal of claim scope”. Now, the Federal Circuit has held that changes between a provisional and nonprovisional application may be used to determine claim scope when no such explicit disavowal has been made—based not on the more rigorous prosecution disclaimer standard, but rather on the relatively less demanding approach used for claim construction in district court. That December 9 precedential decision affirmed, as a result, a judgment of noninfringement for Priceline against DDR Holdings LLC.
December 15, 2024
A Third MyPort Plaintiff Files Suit
New Patent Litigation
MyPort Technologies, Inc. has filed a District of Delaware complaint against Apple (1:24-cv-01337), asserting four of the six patents that it received from associated entity and former plaintiff MyPort IP, Inc. MyPort Technologies accuses Apple of infringement through the provision of smartphones and tablets, targeting a wide array of features, ranging from storing recorded audio and images to iMessage security tools. The plaintiff is one of six entities to grant a security interest in patents held in early October 2024 to the same Delaware LLC bearing a name suggestive of the involvement of third-party litigation funding (TPLF).
December 14, 2024
Kudelski’s OpenTV Returns to Litigation
New Patent Litigation
OpenTV, Inc. has filed suit in the District of Delaware against Pinterest (1:24-cv-01301), alleging infringement of four patents through the provision of features such as adaptive bitrate streaming and personalized advertisement/content recommendation systems within the Pinterest platform (i.e., mobile app and website), also targeting its “digital advertising manager, ad delivery system, machine learning content distribution technologies, and all related methods of predicting and suggesting content to end users”. The plaintiff’s last case in this campaign, filed against May 2017 against the NFL, ended in June 2018.
December 14, 2024