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Each week, RPX publishes the latest news on patent litigation and market trends. Never miss a headline. Get them delivered right to your inbox.
Second Wave in IP Edge Fax Data Transmission Campaign Sweeps over Five More Defendants
December 29, 2018
Networking, New Patent Litigation
Commtech IP LLC has filed a second wave of lawsuits in its campaign targeting the provision of various enterprise-grade networking and/or communications products that offer fax data transmission features based on certain communications standards (including ITU-T Recommendations V.34, V.8, V.8bis, V.22, and/or V.22bis). The new defendants are Avaya (1:18-cv-02065), Motorola Solutions (1:18-cv-02066), Silicon Laboratories (1:18-cv-02067), and US Robotics (1:18-cv-02068), sued in the District of Delaware, and Enea (3:18-cv-03410), in the Northern District of Texas. Commtech IP is an apparent affiliate of Texas monetization firm IP Edge LLC.
In Wake of Lost Motions to Dismiss and Transfer in Intel Case, Tela Innovations Answers and Sues Multiple Intel Customers
December 28, 2018
Consumer Electronics and PCs, New Patent Litigation, Semiconductors
In May 2018, Intel filed suit against Tela Innovations, Inc., seeking multiple declaratory judgments from the Northern District of California, including noninfringement rulings as to six Tela chip design patents. Tela moved to transfer the case to Delaware, citing a forum selection clause in a nondisclosure agreement that the parties had signed, concurrently moving to dismiss for lack of a justiciable controversy between the parties. The court denied those motions, triggering a December 19 answer to Intel’s complaint by Tela. On that same day, and also in the Northern District of California, Tela filed separate cases accusing Acer (3:18-cv-07615), ASUSTek (5:18-cv-07616), and Micro-Star (3:18-cv-07617) of infringing an overlapping set of five chip design patents. The accused products are “laptops, desktops, computer tablets, all-in-one PCs, processors, notebooks, board-level computers, and servers, which contain an Intel microprocessor or printed circuit board using Intel’s Tri-Gate technology at a 22nm process node, a 14nm process node, or smaller”. A fourth complaint, filed against Lenovo (1:18-cv-02025) in the District of Delaware, contains analogous infringement allegations.
Jury Returns Noninfringement Verdict for Juniper in Finjan Suit Amidst Uncertainty over Definition of “Schema”
December 28, 2018
Networking, Patent Litigation Feature
A California jury has issued a verdict of noninfringement for Juniper Networks in litigation brought by Finjan, Inc., finding that the defendant’s SRX and Sky ATP products do not infringe a single claim from one of the NPE’s anti-malware patents (3:17-cv-05659). The issue of infringement turned on whether the accused products contain a “database”, based on a stipulated definition of that claim term that includes the word “schema”, as itself defined in the IBM Dictionary of Computing (“IBM Dictionary”). The jury appears to have struggled with the definition of “schema”, asking the court on the last day of trial if it could refer to the IBM Dictionary definition of that term—a request that District Judge William Alsup denied because the dictionary had not been entered into evidence. The trial did not ultimately address the issue of patent subject matter eligibility, as the court had previously indicated; while the parties had proposed competing jury instructions and verdict forms on Section 101 at Judge Alsup’s apparent insistence, the parties stipulated shortly before trial that the court would decide the issue. No such ruling on patent eligibility has yet issued.
New “Rain Computing” Campaign Targets App Delivery
December 28, 2018
Media Content and Distribution, Mobile Communications and Devices, New Patent Litigation
Inventor-controlled Rain Computing, Inc. has filed suit against LG Electronics (LGE) (2:18-cv-17573) in the District of New Jersey and Samsung (1:18-cv-12639) in the District of Massachusetts over the provision of apps to their devices through certain app stores. The NPE asserts a single patent issuing to sole named inventor Hsuanyeh Chang and generally related to delivering software applications to a “terminal device”. In particular, LGE is accused of infringement through the provision of apps to smart TVs running webOS (including 4K Ultra HD, Super UHD and OLED TVs) through the LG Content Store, and to Android mobile devices (including its V40, V35 and G7 smartphones) through the LG SmartWorld app; Samsung, through the provision of mobile apps, including its Samsung Smart Home app, to certain mobile devices (Samsung Galaxy S7, S8, S9, and S9+ smartphones) through certain app stores (including the Samsung Galaxy Apps app store).
Under Pressure from Another Debt Financing Deal, Inventergy Ends 2018 with a Burst of New Litigation
December 27, 2018
E-Commerce and Software, Patent Market, Patent Watch
In January 2018, shortly after securing $2.4M in debt financing from a hedge fund, Inventergy Global, Inc. (through affiliate Inventergy LBS LLC) opened up a new campaign, targeting GPS tracking devices. Perhaps feeling the pressure of the steep repayment demands of its deal with TCA’s Global Credit Master Fund, Inventergy recently escalated its litigation efforts, filing seven new cases in the past six weeks. Each of the new cases asserts at least one of three related patents generally concerning communication with a tracking device; the patents were developed by GTX Corp, a self-described “pioneer in the GPS wearable tech industry”.
Bell Northern Research Expands Campaign, Adding Patents and Hitting LG Electronics
December 27, 2018
Consumer Electronics and PCs, Mobile Communications and Devices, Networking, New Patent Litigation
Bell Northern Research, LLC, a Hilco Inc. (d/b/a Hilco Global) company, has added a lawsuit against LG Electronics (LGE) (3:18-cv-02864) to its sole litigation campaign, begun this past August with cases targeting devices provided by Huawei, Kyocera, Yulong Computer Communications (Coolpad Technologies), and ZTE. With the new complaint, ten patents from a portfolio of thousands received in December 2017 from Broadcom have been asserted across the campaign. LGE is accused of infringing eight of those patents through the provision of a wide array of products: cell phones compatible with certain 3GPP cellular standards and/or 802.11n or 802.11ac Wi-Fi; tablets supporting those Wi-Fi standards, some of which also offer 3GPP compatibility; various other “home or office electronics products” supporting those Wi-Fi standards, including “laptop computers, televisions, home theater equipment, and Blu-Ray or DVD players”; and “home appliance products” supporting those Wi-Fi standards, including “refrigerators, washers, and dryers”.
NetSoc Social Networking Campaign Tags Four More Platforms
December 27, 2018
E-Commerce and Software, New Patent Litigation
NetSoc, LLC has sued Microsoft (LinkedIn) (1:18-cv-12215), Quora (1:18-cv-11250), Teladoc Health (2:18-cv-00542), and Verizon (Yahoo) (1:18-cv-12267) over the same social networking patent that it asserted in earlier cases in the campaign against IAC/Interactive (Match Group) (filed in May) and Chegg (filed in November). The NPE targets the defendants’ websites/platforms, the accused features allowing users to locate and communicate with others (doctors, tutors, other professionals, etc.). NetSoc has twice dismissed without prejudice its case against Match Group, first to move the litigation to the Eastern District of Texas (from the Northern District), and second out of recognition that Match Group no longer maintains a physical office there.
Apple Sued by Payment Startup Linked to Entrepreneur Once Dubbed “Trump with a Maine Accent”
December 24, 2018
E-Commerce and Software, New Patent Litigation, entitiyid:1627845
Apple has been hit by a lawsuit filed by Fintiv, Inc., an Austin-based startup that purportedly offers white-label e-commerce services and related mobile apps (6:18-cv-00372). The company alleges that Apple has infringed a single patent through the provision of products supporting contactless payments and that offer a mobile wallet app, including various models of iPhone and Apple Watch as used with the related Apple Wallet app. Fintiv acquired the asserted patent from an apparent subsidiary of Mozido, a once-promising payment startup hobbled by problematic investments and by SEC fraud charges brought against its founder, former real estate developer Michael Liberty, who recently finished an unrelated prison sentence for campaign finance violations. Mozido and Fintiv appear to be closely linked: the two companies share several executives, while Fintiv’s board includes a cousin of Michael Liberty who once ran the entrepreneur’s family foundation.
Sequoia Technology DJed After Suing Multiple Red Hat Customers as Exclusive Licensee of ETRI Patent
December 22, 2018
E-Commerce and Software, New Patent Litigation
Red Hat (1:18-cv-02027) has filed an action in the District of Delaware seeking declaratory judgments that neither it nor its customers infringe a patent asserted by Sequoia Technology LLC in earlier cases brought against Dell (EMC), Hitachi, HP Enterprise (HPE), and Super Micro Computer. Red Hat pleads that in its complaints, Sequoia pointed to Red Hat Enterprise Linux (RHEL) materials to support its infringement allegations against those defendants, giving rise to a reasonable apprehension of suit. Sequoia brought those cases as the exclusive licensee of the patent-in-suit, which generally relates to managing the storage of metadata. USPTO records identify Electronics and Telecommunications Research Institute (ETRI) as the patent’s owner.
IP Edge LTE Base Station Campaign Bursts Back to Life
December 21, 2018
Networking, New Patent Litigation
Zavala Licensing LLC, an apparent affiliate of monetization firm IP Edge LLC, has revived its litigation campaign, which saw a short burst of initial activity in late 2017. The NPE has asserted the same patent, broadly pertaining to radio communications, against BaiCells Technologies (2:18-cv-00543), Ericsson (2:18-cv-00544), and Samsung (2:18-cv-00545) in the Eastern District of Texas, and ZTE (3:18-cv-03390) in the Northern District of that state. At issue are the defendants’ LTE base stations that allegedly comply with the LTE Release 8 standard. In October 2017, Zavala sued Airspan NetworksGeneral Dynamics Mission Systems (GDMS), NextivityThales, and Wilson Electronics (d/b/a Weboost), each of which cases was dismissed by mid-December 2017, all but the suit against GDMS without prejudice.


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