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Networking Campaign over Former Harris Corporation Patents Expands Further
August 10, 2019
Networking, New Patent Litigation
Commstech LLC has added HP Enterprise (HPE) (6:19-cv-00462) as a defendant in its sole litigation campaign to date, which has already seen cases filed this summer against Cisco (in May) and Allied Telesis and Juniper Networks (in July). The patents asserted in the campaign, including the three now in suit against HPE, are generally directed to network traffic management and memory management. At issue again is a long list of HPE networking products and software that incorporate the RFC 4607 specification “related to ‘Source-Specific Multicast for IP’” and/or that “operate with the ArubaOS-Switch software support ‘Quality of Service (QoS) prioritization’”.
More Recent Patent in Hand, MONKEYmedia Resumes Litigation, This Time Against TiVo
August 10, 2019
Consumer Electronics and PCs, Media Content and Distribution, New Patent Litigation
Roughly one year after the dismissal of an Eastern District of Texas case against Samsung over the same family of patents, MONKEYmedia, Inc. has filed suit against TiVo (3:19-cv-04610) in the Northern District of California. The asserted patents include the the three in suit against Samsung, generally related to emphasizing or de-emphasizing certain content in a multimedia environment, and the most recent family member, broadly concerning streaming media on a “media player” through wireless communication with a remote server. The NPE accuses TiVo of infringement through the provision of TiVo mobile apps, TiVo software, and TiVo set-top boxes. MONKEYmedia has identified two nonparties having an interest in the outcome of its litigation against TiVo.
Virtual Assistant Campaign Snags Alexa Products
August 10, 2019
E-Commerce and Software, Mobile Communications and Devices, New Patent Litigation
Amazon (6:19-cv-00454) has been added as a defendant in the campaign that Parus Holdings, Inc. began in late July with suits against Alphabet (Google), AppleLG Electronics (LGE), and Samsung. The two asserted patents generally pertain to using voice recognition to browse the Internet on a device, with infringement allegations targeting the defendants over the provision of products that feature virtual assistants, now adding Alexa products to those outfitted with Bixby, Google Assistant, and Siri.
Mobile Check Deposit Campaign Expands, Hitting CitiGroup and Wells Fargo
August 10, 2019
E-Commerce and Software, Financial Services, New Patent Litigation
Lighthouse Consulting Group LLC has followed up its July case against Bank of America with August suits hitting CitiGroup (2:19-cv-00264) and Wells Fargo (2:19-cv-00269). Two patents—generally related to using an “image device” such as a “fax” or a scanner to capture and transmit images of checks and deposit slips to a bank—are asserted in all three complaints, with infringement allegations focused on mobile deposit features within the defendants’ banking apps. Lighthouse Consulting Group alleges that each defendant signed a separate nondisclosure agreement in 2007 under which the earliest applications in the asserted family of patents were discussed.
Judge Alsup Declines to Revisit Ruling on Apple-Uniloc Standing Battle but Allows Discovery on Fortress Agreements
August 9, 2019
Mobile Communications and Devices, Top Insight
An ongoing dispute over standing in litigation between Apple and Uniloc Corporation Pty. Limited (Uniloc) continues to evolve. Last year, Apple sought the dismissal of four of Uniloc’s cases against it after learning of a complex set of agreements between the NPE and Fortress Investment Group LLC, arguing that Uniloc’s alleged “defaults” under those agreements had deprived Uniloc of standing by automatically shifting certain rights in the asserted patents to Fortress. District Judge William Alsup of the Northern District of California denied that motion in January, instead holding that Fortress had shown through its conduct that Uniloc had cured any such defaults. On August 7, Judge Alsup declined Apple’s request to reconsider that ruling but included two notable exceptions that could leave the door open for further litigation on standing: he permitted Apple to later seek a trial on the issues of default and cure and allowed it to seek discovery on those same topics. Judge Alsup’s decision to approve discovery is a notable setback for Uniloc, which continues to fight a prior order requiring it to disclose a variety of information about its agreements with Fortress, its prior licenses, and other related documents.
Four Defendants Steel Themselves in the Face of New Campaign from IP Edge’s Valyrian IP
August 3, 2019
Networking, New Patent Litigation
Valyrian IP LLC has become the seventh plaintiff in apparent association with IP Edge LLC to file suit over patents that the monetization firm received from Siemens in October 2018. The patent that Valyrian has now asserted against Avaya (1:19-cv-01436), Grandstream Networks (1:19-cv-01437), ICON Voice Networks (3:19-cv-01829), and Plantronics (Polycom) (1:19-cv-01438) generally relates to a cordless phone system where calls are forwarded from a base station to handsets based on one of three priority levels assigned to a phone number as stored with caller ID info in a directory: “lowest priority” (or “DO NOT DISTURB”), “intermediate priority”, and “highest priority”. The NPE targets the defendants over the provision of cordless phone systems with “Do Not Disturb” features that allow the user to pick certain phone numbers from a directory as “priority” numbers, where calls still go through when Do Not Disturb is enabled.
NPE Launches Campaign Targeting Ink Cartridges with Patent Acquired from IV
August 2, 2019
Consumer Electronics and PCs, New Patent Litigation
DrivePrint LLC, a Texas entity formed in April of this year, has filed its first lawsuit, alleging in a new Southern District of Texas complaint that HP (4:19-cv-02786) has infringed a single patent generally related to printhead cartridges “with asymmetrical contacts”. At issue is HP’s provision of certain ink cartridges, including the HP 63 Black, HP 64 Black, HP 65 Black, and Tri-Color cartridges. DrivePrint pleads ownership of the patent-in-suit, which currently available USPTO records suggest was last held by an affiliate of Intellectual Ventures LLC (IV).
Acacia Joins VIEX Capital as an Activist Investor in Immersion
August 2, 2019
Consumer Electronics and PCs, Patent Market, Patent Watch
Immersion Corporation’s CEO Ramzi Haidamus told investors on August 1 that with its last outstanding lawsuit settled, the company—which he said has been “mired” in “constant” patent litigation for the past 17 years—can now focus on a strategic initiative to drive long-term value for its shareholders. However, despite having settled its litigation against Samsung and, most recently, Motorola Mobility, Immersion may need to gear up for a new battle, this one with large investors VIEX Capital Advisors and Acacia Research Corporation.
Federal Circuit Rules that IPR Applies to Pre-AIA Patents, Teeing Up Likely Appellate Battle
August 2, 2019
Biotech and Pharma, Patent Litigation Feature
The Supreme Court’s April 2018 opinion in Oil States was its first ruling on the constitutionality of inter partes review (IPR), with the Court concluding that IPR did not run afoul of Article III and the Seventh Amendment. However, by stating that its holding did not foreclose constitutional challenges on other grounds, the Court set the stage for other such broadsides against the program—one of which has now been addressed by the Federal Circuit. On July 30, the appeals court ruled in Celgene’s challenge of two IPR decisions that the retroactive application of IPR to patents issued before the America Invents Act (AIA) is not an unconstitutional taking in violation of the Fifth Amendment, all but ensuring that IPR will end up before the Supreme Court once again.
Delaware NPE Expands Mobile Device Keyboard Campaign
August 1, 2019
Mobile Communications and Devices, New Patent Litigation
Princeps Interface Technologies LLC has added cases against ASUSTek (5:19-cv-04298) and Lenovo (1:19-cv-01425) to the campaign that it began six weeks ago, suing Alphabet (Google), Apple, and Samsung in mid-June. The sole patent asserted generally relates to an “input device” that allows the user to switch between different input modes, including different keyboard types, with infringement allegations throughout the campaign focused on the keyboard setup features on mobile devices, as well as options allowing users to toggle between keyboards in various languages and/or a menu of emojis.
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