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Apple Sued over Certain iOS Battery Management Features
July 4, 2019
Mobile Communications and Devices, New Patent Litigation
LBT IP I LLC has filed a District of Delaware suit against Apple (1:19-cv-01245) over five patents generally related to portable location-tracking devices. The plaintiff targets the provision of iPads and iPhones, with iOS battery management features (e.g., low power mode and related features that reduce power consumption based on the device’s tracked location or whether the device has been placed face down on a surface) at issue. A board member of Southern California-headquartered Location Based Technologies, Inc. has signed for LBT IP I as its manager and president.
Supreme Court Agrees to Revisit Whether IPR Time-Bar Decisions Can Be Appealed
June 28, 2019
Networking, Patent Litigation Feature
Last August, a divided Federal Circuit held that the voluntary dismissal of a district court complaint without prejudice does not prevent a lawsuit from triggering the statutory time bar for inter partes review (IPR). That ruling followed a series of appellate battles over the issue of whether time-bar decisions may be appealed in the first place. Now, the US Supreme Court has partly granted certiorari as to that decision in Dex Media v. Click-to-Call Technologies, agreeing to address the question of whether time-bar decisions are subject to appellate review but declining to review the Federal Circuit’s holding as to the impact of dismissals without prejudice.
Berkheimer and Aatrix Bare Their Teeth as Federal Circuit Resurrects Mobile Device Campaign
June 28, 2019
Mobile Communications and Devices, Patent Litigation Feature
The Federal Circuit has reversed a Northern District of California invalidation of multiple mobile data sync patents under Alice, reviving the litigation campaign of inventor-controlled CellSpin Soft, Inc. The accompanying opinion applies key 2018 case law that has trimmed Alice’s reach, faulting District Judge Yvonne Gonzalez Rogers for “ignoring the principle, implicit in Berkheimer and explicit in Aatrix, that factual disputes about whether an aspect of the claims is inventive may preclude dismissal at the pleadings stage under § 101”. The appellate reversal also pulled the rug out from under the district court’s award of six-figure attorney fees to defendants Canon, Fossil, and Nike, with the Federal Circuit highlighting clear error in Judge Gonzalez Rogers’s exceptional case analysis—in part, holding for the first time that the presumption of validity extends to Section 101 eligibility, contrary to the lower court’s ruling.
Cooling Campaign Hits IBM
June 26, 2019
New Patent Litigation, Semiconductors
Inventor-backed Power Density Solutions LLC has sued IBM (4:19-cv-03710) in the Northern District of California, adding a second case to the litigation campaign that it began against Parker-Hannifin in the Southern District of California in March 2018. Ending a few months later, in August 2018, that suit concerned a later-issuing family member of the patent now asserted against IBM, which is accused of infringement through the provision of computer chips and components featuring ICECool, IBM’s chip-embedded cooling technology. The patents generally relate to cooling electronic components by pumping cooling fluids through “passageways”.
Biometric Authentication Campaign Launched over Former IV Patent
June 25, 2019
Consumer Electronics and PCs, New Patent Litigation
Biometric Technology Holdings LLC, a Delaware entity created in early June 2019, has filed its first litigation, accusing Iris ID Systems (2:19-cv-14240) of infringing a single patent generally related to biometric authentication through comparing the results on a sensor and stored data on a “smart card”. The defendant is targeted over its provision of the IrisAccess 7000 authentication system, which comprises the iDATA EAC software and iCAM series of iris recognition cameras. Biometric Technology Holdings is an affiliate of new entrant to monetization, LF Capital Partners, LLC, which picked up a portfolio of over 50 US patent assets from Intellectual Ventures LLC (IV) in December 2018.
Blackbird Technologies Keeps Suing Banks in Fraud Detection Campaign
June 25, 2019
Financial Services, New Patent Litigation
Blackbird Tech LLC (d/b/a Blackbird Technologies) has kept its secure transactions campaign alive by filing suit against Wells Fargo (1:19-cv-01129) in the District of Delaware, asserting the same three patents seen in the NPE’s previous cases, filed against BMO Harris Bank, Capital One, and HSBC. Wells Fargo is accused of infringement by allegedly “performing a secure transaction method” through the provision of a suspicious card activity alerts service.
Battle-Tested Patent Asserted in New Western District of Texas Suits, as Remanded Litigation Fires Back Up in the Western District of Washington
June 22, 2019
E-Commerce and Software, New Patent Litigation
Ancora Technologies Inc. has revived litigation of a single patent—generally related to preventing the unauthorized use of software on a computer—that has twice been the subject of an appeal before the Federal Circuit. Ancora began litigating that patent in 2008 in a case filed against Dell, HP, and Toshiba, in which Microsoft intervened. Subsequent cases filed against Apple and HTC resulted in Federal Circuit appeals, both ending in Ancora’s favor, the second of which reversed, in a November 2018 opinion, a district court Alice invalidation. Ancora now accuses LG Electronics (6:19-cv-00384) and Samsung (6:19-cv-00385), in the Western District of Texas, of infringement through the provision of a long list of mobile devices (e.g., smartphones and tablets), with the complaint calling out “over-the-air software update” features on such devices.
Individual Inventor Asserts a Familiar Patent Against Familiar Products, This Time Against Wireless Carriers
June 21, 2019
Mobile Communications and Devices, New Patent Litigation
Named inventor Joe Andrew Salazar has filed suit again in the Eastern District of Texas over the same patent that a jury there found, in a May 2018 verdict, not infringed by HTC through the provision of the HTC One M7, One M8, and One M9 smartphones. The new complaint names AT&T (AT&T Mobility), SoftBank (Sprint), T-Mobile, and Verizon (Cellco Partnership d/b/a Verizon Wireless) (5:19-cv-00075), accusing the wireless carriers of infringement through the provision of “smartphone products including but not limited to HTC One M7, HTC One M8, and HTC One M9 that embody wireless communications, control and sensing systems for communicating with external devices, including televisions and other devices”. Salazar alleges in that complaint infringement “at least claim 1” of the sole asserted patent; final judgment of noninfringement, based on the earlier jury verdict, was entered as to claims 1-7, 27-30, and 34.
New NPE Tags Second Wireless Carrier over Provision of Its 3G Network
June 21, 2019
Mobile Communications and Devices, Networking, New Patent Litigation
A week after hitting AT&T (AT&T MobilityCricket Wireless) over the same five patents, recently formed Delaware entity Cellular Evolution LLC has followed up with a similar case filed against T-Mobile (2:19-cv-00232), also in the Eastern District of Texas. The wireless communications patents form a single family originating with failed Korean mobile phone maker Pantech, Cellular Evolution alleging that each has been declared essential to the UMTS RRC Protocol (as identified in the ETSI Special Report SR 000 314). The NPE’s complaints target the two wireless providers’ respective 3G networks, with the T-Mobile complaint calling out its alleged sale of “products for use on its network”, including certain mobile devices made by Alphabet (Google), Apple, Lenovo (Motorola Mobility), LG Electronics, OnePlus, Samsung, TCL (under the Alcatel brand), and YuLong Computer Telecommunication (Coolpad).
Be Labs Files a 2019 Wave of Suits Targeting Additional Wireless Access Points
June 21, 2019
Networking, New Patent Litigation
Inventor-backed NPE Be Labs, Inc. has added two more defendants to its campaign over a pair of patents generally related to systems for wirelessly distributing media content throughout a “premises”. Cases against Rokland (1:19-cv-00111), sued in the Northern District of Florida, and Ubiquiti Networks (1:19-cv-05328) in the Southern District of New York, join active suits filed against Hitron Technologies (1:19-cv-01195) in the District of Colorado and Actiontec Electronics (2:19-cv-02636), ASRock (2:19-cv-02637), Edimax Computer (2:19-cv-02638), and Tenda Technology (2:19-cv-02639) in the Central District of California. Throughout its campaign, Be Labs has targeted routers and gateways compliant with the IEEE 802.11ac and 802.11n Wi-Fi standards.
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