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One Court Allows Susman to Withdraw as Another Stays Arigna’s Case Against Longford
In Case You Missed It, TPLF
Earlier this month, District of Delaware Judge Gregory B. Williams denied a motion from BMW to intervene in a case filed by Arigna Technology Limited, a plaintiff operating under the umbrella of Dublin-based monetization firm Atlantic IP Services Limited, against Longford Capital Fund III, LP (“LCF”), an entity controlled by Chicago-based litigation finance firm Longford Capital. The court did so without prejudice, pointing to its decision the day before to stay the case to allow an arbitrator to decide whether Arigna’s claims against Longford should be subjected to arbitration. Meanwhile, District of DC Judge Rudolph Contreras has granted Susman Godfrey L.L.P.’s motion to withdraw from its representation of Arigna in a declaratory judgment action filed by BMW against it there.
June 24, 2024
Funded Monetization Team Appears Up and Running
Patent Market, Patent Watch, TPLF
By now this general pattern has become familiar: the formation of an LLC in a state where a monetization outfit would like to file suit, the acquisition from an operating company of a patent portfolio over which the outfit would like to sue, the procurement of financial backing for the litigation, and ultimately, one or more complaints filed in US district court in that state over that portfolio with that funding. While some monetization teams are more open about such efforts, others seek to obscure their own identities as well as the identity of their funder. A recent assignment, and its parallels to others, raises questions about whether an unnamed team in the latter camp has been operating over the past year or so.
June 22, 2024
Eireog Targets Yet More Devices Allegedly Incorporating Intel and/or AMD CPUs
New Patent Litigation, TPLF
A week after suing HP in the Western District of Texas, Eireog Innovations Limited, an Atlantic IP Services Limited plaintiff, has filed an Eastern District of Texas complaint accusing Acer (2:24-cv-00449) of infringing the same three patents. As has been the case since this campaign began in April, Eireog targets the provision of various computing products, including certain categories of laptops and desktops, that incorporate certain Intel and/or AMD CPUs.
June 18, 2024
Samsung to Seek Roughly $26M in Fees and Costs in Staton Techiya Case
In Case You Missed It, TPLF
In early May 2024 after a bench trial, Eastern District of Texas Chief Judge Rodney Gilstrap ruled that the affirmative patent claims of Staton Techiya, LLC against Samsung should be dismissed with prejudice because those patents are unenforceable due to unclean hands. Per the court, “The clear and convincing weight of the evidence shows that the patent claims underlying this litigation are infected by the theft of Samsung’s sensitive confidential and attorney-client privileged information”, a “theft” enabled by the plaintiff’s engagement with its “litigation-agent” (and sometime coplaintiff) Synergy IP Corporation. In light of this ruling, Samsung has filed a motion for entry of judgment, facilitating appeal, and a motion to set a schedule for the court to consider a motion for fees and costs, which Samsung estimates to be around $26M.
June 17, 2024
Its Case Against Meta Stayed in California, Mobile Data Technologies Files Again Back in Texas
New Patent Litigation, TPLF
Pleading that it “specializes in mobile technologies and social media solutions”, Mobile Data Technologies LLC has, in a new Eastern District of Texas complaint, accused Samsung (2:24-cv-00435) of infringing four patents broadly pertaining to managing content on mobile devices. All four patents were asserted in MDT’s earlier suit, against Meta Platforms, which was transferred for convenience out of the Western District of Texas to the Northern District of California, where it was stayed to await the conclusion of multiple inter partes review (IPR) proceedings begun in response to petitions that Meta had filed.
June 14, 2024
Atlantic IP’s Eireog Sues HP, Too
New Patent Litigation, TPLF
Eireog Innovations Limited has sued HP (1:24-cv-00644) in the Western District of Texas over the provision of various computing products, including certain devices broadly categorized as laptops, desktops, and workstations, that incorporate certain Intel and AMD CPUs. The three patents-in-suit, among five asserted across this campaign so far, are broadly directed to interrupt prioritization in virtualized systems sharing hardware resources and cache memory control. Earlier defendants in this campaign include Cisco, Dell, Fortinet, HP Enterprise (HPE), IBM, Lenovo, and Palo Alto Networks.
June 12, 2024
VideoLabs Tests Interplay Between Parallel District Court and ITC Actions
In Case You Missed It, TPLF
After a loss before the International Trade Commission (ITC), VideoLabs, Inc. has returned to a Western District of Texas case stayed before Judge Alan D. Albright to try again, under what it argues are changed factual circumstances. In a motion to the lift the stay and begin trial court proceedings, the plaintiff argues that ITC findings are not binding on district courts and that “a change in ownership of family member patents and the filing of terminal disclaimers” undermines the ITC’s determination that two of its asserted patents are invalid for obviousness-type double patenting. Defendant HP opposes this broader request and seeks a modification of the stay, one that solely permits the court’s consideration of “early dispositive motions on invalidity”.
June 7, 2024
Funded Texas Plaintiff Launches Automotive Campaign over Former IV Patents
New Patent Litigation, TPLF
With apparent backing from a prominent litigation funder, Longhorn Automotive Group LLC has filed its first lawsuit over patents from the portfolio received from AI-CORE TECHNOLOGIES, LLC, accusing Nissan (2:24-cv-00397) in a new Eastern District of Texas complaint of infringing five of them. The Alpha Alpha Intellectual Partners LLC plaintiff targets the provision of a wide array of automobile products, ranging from driver assistance systems to headlights, with those five patents, which AI-CORE received from Intellectual Ventures LLC (IV) this past February.
June 1, 2024
Audio Pod IP Triples Down Against Amazon
New Patent Litigation, TPLF
Audio Pod IP, LLC has filed two more suits in the Eastern District of Virginia. The first accuses Amazon (Amazon Web Services (AWS), Audible) (1:24-cv-00914) of infringing a single patent generally related to using a “descriptor file for synchronizing a plurality of digital streams” through the provision of the Amazon CloudFront platform, content streaming services (e.g., Audible, Prime Music, and Prime Video), products (e.g., Echo Show-series devices, Fire TV products, and tablets) that use the Amazon CloudFront Delivery Network software, and related products. The second accuses Amazon (AWS) (1:24-cv-00915) of infringing four patents generally related to “rendering digital content across multiple client devices” through the provision of the Amazon Prime Music and Prime Video platforms, as well as related products. The cases follow a March 2024 complaint against Amazon from Audio Pod IP in the same district.
May 31, 2024
Funded Hardin and Hill Campaign Picks Back Up with New Plaintiff
New Patent Litigation, TPLF
H2 Intellect LLC, an entity formed in Texas under the management of Ryan Hardin and Andrew Hill, has resumed the litigation campaign that had been proceeding with Hardin and Hill as individual plaintiffs. Three patents broadly directed to a content delivery platform for distributing programs based on the geographic location of a device are asserted in the new Eastern District of Texas complaint against IBM (2:24-cv-00367). H2 Intellect targets the support of geofencing technologies in various IBM products, including the IBM Streams, MaaS360, Max Engage with Watson, and Maximo Manage platforms.
May 17, 2024