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As Goes Lionra Before It, So Goes Croga
New Patent Litigation
Croga Innovations Limited, an Atlantic IP Services Limited plaintiff, has added separate cases against Fortinet (2:24-cv-00206) and Palo Alto Networks (2:24-cv-00208) to the litigation campaign that it began in late December 2023 against IBM and expanded this past February against Cisco. A single patent is asserted in each complaint, both received by Croga from L3Harris, with infringement allegations targeting certain FortiSandbox products “when used in conjunction with any FortiGate or FortiProxy device, as well as FortiSandbox SaaS, FortiSandbox PaaS, FortiSandbox Public Cloud used either in conjunction with FortiGate or FortiProxy device or independently” and the Palo Alto Networks Remote Browser Isolation service, respectively.
March 22, 2024
Full Federal Circuit Declines to Revisit VLSI Verdict Reversal Amid Further PTAB Sanctions Intrigue
Patent Litigation Feature
The multidistrict campaign waged by VLSI Technology LLC against Intel has captured headlines for a variety of reasons in the past several months. In December, the Federal Circuit toppled a $2.2B verdict in the first VLSI case to go to trial—wiping out a Texas jury’s finding of infringement for one patent, reversing and remanding as to damages for a second patent, and also reviving the defendant’s license defense in that case. The full Federal Circuit declined to rehear that decision earlier this month. Meanwhile, also hanging over that proceeding are a set of closely watched inter partes reviews (IPRs) filed by two third parties, OpenSky Industries and Patent Quality Assurance (PQA), that led to the invalidation of both patents from that verdict amidst accusations of gamesmanship from both petitioners. On March 11, USPTO Director Kathi Vidal denied OpenSky’s latest attempt to avoid a $413K attorney fee judgment that she imposed for its abuse of the IPR process—though she did grant a reprieve on timing.
March 17, 2024
BMW and Bosch File DJ Action Against Atlantic IP’s Foras Technologies in the Eastern District of Virginia
New Patent Litigation, TPLF
BMW and Robert Bosch (1:24-cv-00363) have filed a declaratory judgment (DJ) action in the Eastern District of Virginia against Foras Technologies Limited—a plaintiff associated with Dublin-based monetization firm Atlantic IP Services Limited—seeking judgments of invalidity and noninfringement of one patent generally related to protecting against “loss of lockstep” in processors. The complaint is part of the companies’ response to an affirmative complaint filed against them in the Western District of Texas, where parallel motions to dismiss for lack of personal jurisdiction and for pleading inadequacies have been fully briefed.
March 15, 2024
IP Edge-Tied Plaintiff Produces Documents and a Privilege Log in Delaware
Patent Litigation Feature
Delaware Chief Judge Colm F. Connolly reset the deadline to March 14 for Swirlate IP LLC, a plaintiff tied to Texas monetization firm IP Edge LLC, to produce to the court documents related to whether its counsel—Chong Firm PA and David Bennett of Direction IP Law—obtained informed consent from Swirlate before filing and settling cases on its behalf. This past week, Swirlate made that production to the court, its counsel submitting a letter, partially redacted on the docket, that characterizes the purpose of the court’s retained jurisdiction as an “ethics investigation” that must be conducted confidentially and that maintains assertions of privilege (attorney-client and “community of interest”, as well as the attorney-work product doctrine) over some of the documents sought.
March 15, 2024
Judge Connolly Dismisses DJ Complaint Missing a Fraud-Related Claim
In Case You Missed It
Delaware Chief Judge Colm F. Connolly has dismissed a declaratory judgment action filed by Power Integrations against Texas monetization firm IP Edge LLC; its “consulting” arm MAVEXAR LLC; an IP Edge-tied plaintiff Waverly Licensing LLC; and an IP Edge-tied intermediary Array IP LLC. The court notes that the complaint in question contains only a claim for a declaratory judgment of noninfringement of a single wireless charging patent, a claim mooted by the pack of covenants not to sue granted to Power Integrations by the four named defendants. Given the language of the dismissal memorandum, had Power Integrations pleaded “a RICO count with mail or wire fraud predicates”, the outcome might have been different.
March 15, 2024
Former BlackBerry Patents in Hand, Malikie Innovations Hits the Courts
New Patent Litigation
Last summer, the assignment of thousands of patent assets from BlackBerry to Malikie Innovations Limited, a subsidiary of Irish patent monetization firm Key Patent Innovations Limited (KPI), reflected the May 2023 completion of the deal between the two, described as involving the sale of “substantially all of [BlackBerry’s] non-core patents and patent applications”. Now, Malikie has filed suit, accusing Acer (2:24-cv-00179) and ASUSTek (2:24-cv-00178) in separate Eastern District of Texas complaints of infringing overlapping subsets of its received assets through the provision of features such as video coding, gesture-based touch controls, and power management within various devices, including Chromebooks, docks, laptops, and tablets.
March 15, 2024
PTAB Institution Rate Bounces Around the High Sixties
In Case You Missed It
The institution rate for America Invents Act (AIA) review petitions was 69% in 2023, climbing slightly from 68% the year before. That slight year-over-year rise comes as the USPTO considers whether to codify and expand some of its existing practices related to the discretionary denial of institution based on the status of parallel proceedings, as governed by the NHK-Fintiv rule.
March 15, 2024
30 Becomes 40 in Roughly a Week
New Patent Litigation
Last month, the number of defendants in inventor-controlled plaintiff VDPP LLC’s sole litigation campaign ticked past 30, but since—with new suits against Best Buy (2:24-cv-00164), Boxlight (7:24-cv-00069), Canon (3:24-cv-00570), Honeywell (4:24-cv-00798), HP (7:24-cv-00068), JVCKenwood (2:24-cv-01881), NEC (3:24-cv-00566), Qisda (BenQ) (2:24-cv-00171), Razer (7:24-cv-00070), and Ushio (Christie Digital Systems USA) (2:24-cv-00156)—that number has pushed above 40. This growing campaign targets the support for image processing features across a wide array of products.
March 15, 2024
Visual Search Tools Pegged in New Campaign
New Patent Litigation
Pointwise Ventures LLC has kicked off a litigation campaign by suing Alibaba (2:24-cv-00182), Blippar (2:24-cv-00182), Farfetch UK (2:24-cv-00182), Glority Global (2:24-cv-00187), Roadget Business (d/b/a SHEIN) (2:24-cv-00189), Samsung (2:24-cv-00190), Stichting Ingka (IKEA North America Services) (2:24-cv-00188), and Syte (2:24-cv-00191) in the Eastern District of Texas, as well as Microsoft (6:24-cv-00139) in the Western District of Texas. The New Mexico plaintiff accuses the defendants of infringing a single patent generally related to a “pointing and identification” device through visual search tools within their respective platforms.
March 15, 2024
Cerence Asserts Handwriting and Speech Recognition Patents in Second Complaint
New Patent Litigation
Last October, Cerence Operating Company sued Samsung in the Eastern District of Texas over five patents, pleading that it “holds more than 750 patents, including over 100 mobile text entry patents relating to numerous aspects of swipe or gesture texting, predictive text, text correction, and handwritten characters technology”. Samsung has answered that complaint, and now Cerence has filed a new one (2:24-cv-00181), targeting the provision of devices that incorporate the Bixby virtual assistant with four more patents.
March 15, 2024