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Ramey LLP Seeks to Maintain Appeals, Apparently to Defend Against Any Sanctions in the Court Below
In Case You Missed It, TPLF
Last Friday, the Federal Circuit gave CTD Networks LLC, a plaintiff under the apparent control of “AiPi, LLC (f/k/a AiPi Solutions)”, and district court defendant Alphabet (Google) a week “to file an updated status report indicating how they believe this appeal should now proceed” now that Whitestone Law has apprised the court that it has no plans to enter an appearance in the matter. On February 2, 2024, CTD’s current counsel, Ramey LLP, was allowed to withdraw from the appeal conditioned on the entry of appearance of new counsel for CTD Networks within 30 days. Per Ramey LLP’s emergency motion to withdraw, “In short, AiPi and Whitestone appear to be purposely prejudicing Ramey LLP’s and CTD Network’s [sic] interests in the pending appeal at the Federal Circuit by not filing an appeal brief”.
April 21, 2024
Dell Next Up for Atlantic IP’s Eireog; Amazon, for Its Croga
New Patent Litigation
Plaintiffs associated with Dublin-based monetization firm Atlantic IP Services Limited continue to file new cases, week after week. Eireog Innovations Limited hit Dell (1:26-cv-00416) in the Western District of Texas over four former NXP patents last week, while Croga Innovations Limited sued Amazon (Amazon Web Services) (1:24-cv-00398) in the same district over a single former L3Harris patent. The Dell complaint focuses on the provision of a wide variety of products, including laptops, desktops, and servers, allegedly “using Intel-based CPUs (Haswell-based architecture and newer)”; the Amazon complaint, of the AWS VPC (Virtual Private cloud), AWS EC2, and AWS Network Firewall products.
April 20, 2024
Transacted VoIP Portfolio Appears in USPTO Assignment Records
In Case You Missed It
Publicly available USPTO assignment records now reflect the assignment of more than 700 patent assets from an operating company to Arlington Technologies, LLC, a subsidiary of Texas monetization firm Dominion Harbor Enterprises, LLC. The transaction is dated March 29, 2024, with the portfolio described as “valuable technology resources for companies worldwide that want to provide the best possible VOIP service and care to their customers”.
April 14, 2024
Delaware Judgment Appears to End Long-Running Post-Settlement Dispute
In Case You Missed It
Late last month, District of Delaware Judge Gregory B. Williams appears to have disposed of all of the many claims that hung over the distribution of a $125M settlement that ended the campaign of ChanBond, LLC in June 2021. The parties to the case include CBV, Inc., the inventor-controlled source of the patents asserted against 13 cable providers from 2015-2017; Deirdre Leane, formerly with IP Navigation Group, LLC (d/b/a IPNav); and IPNav, LLC, a Texas entity that she created in the wake of IPNav’s winddown, but other parties relevant to this complicated dispute also include UnifiedOnline, Inc. (UOI), ChanBond’s parent; the shareholders of UOI, which sought to intervene in the lawsuit; William (“Billy”) Carter, the CEO of UOI; Omni Bridgeway Limited (f/k/a IMF Bentham Limited), the litigation funder here; and Mishcon de Reya, litigation counsel.
April 14, 2024
Illinois Jury Returns Infringement Verdict for Kove IO in Cloud Storage Suit Against Amazon
Patent Litigation Feature
Inventor-controlled Kove IO, Inc. has won an infringement verdict in its litigation against Amazon. On April 10, an Illinois jury found that the company had infringed three distributed network storage patents through its Simple Storage System (S3) and DynamoDB products and awarded $525M in damages, though it also determined that this infringement had not been willful. Litigation leading up to that trial dealt in part with the impact of certain ex parte reexaminations (EPRs) against the asserted patents, after the district judge found that the patent owner had disclaimed certain subject matter through statements made in those proceedings.
April 13, 2024
Atlantic IP Pegs Four Defendants Again
New Patent Litigation
Eireog Innovations Limited, an Atlantic Services IP Limited plaintiff, has filed its first cases over the portfolio of about a dozen patents that it received from NXP last November. The defendants are Cisco (2:24-cv-00224), Fortinet (2:24-cv-00225), IBM (2:24-cv-00226), and Palo Alto Networks (2:24-cv-00227), each accused of infringing the same four patents over the provision of products, ranging from blade servers to firewalls, that incorporate certain AMD- and/or Intel-based CPUs. This set of defendants is familiar to Atlantic IP.
April 6, 2024
Headwater Litigation Heats Up
New Patent Litigation
Headwater Research LLC filed its first of several cases against Samsung back in October 2022. Since Samsung filed an amended answer to plead three additional affirmative defenses (inequitable conduct and “infectious unenforceability”, lack of standing, and prosecution laches), disputes have been multiplying, including over more typical issues (e.g., amendment of infringement contentions, stay in light of inter partes review (IPR), propriety of certain expert opinions, etc.) but also over the release of US discovery for use in parallel proceedings in Germany, the production of clawed-back documents and any related waiver of privilege, the consideration of battery testing evidence, and—at the end of last week—a sealed request to sanction the plaintiff. Meanwhile, the Eastern District of Texas has handed down a claim construction order, and Headwater Research has filed yet another complaint against Samsung (2:24-cv-00228), bringing three more patents from the same large family into this fray.
April 6, 2024
Per HP, AX Wireless Did Not Exist Then—and Does Not Exist Now
In Case You Missed It
In July 2022, AX Wireless, LLC—a plaintiff formed in Texas but operating among the monetization programs of South Korea’s Ideahub, Inc. (d/b/a IDEAHUB)—sued Dell, HP, and Lenovo in separate Eastern District of Texas complaints, adding a case in the same district against Acer in February of last year. Asserted now are eight patents described by the plaintiff as “directed to wireless OFDM (orthogonal frequency division multiplexing) networks and systems”, with infringement allegations targeting compliance with the Wi-Fi 6 networking standard. Ax Wireless pleaded ownership of the asserted patents, but briefing has just completed on HP’s motion to dismiss the case against it for lack of subject matter jurisdiction in which it argues that the plaintiff could not have received the patents from Applied Transform LLC in August 2021 because the plaintiff did not exist on that date.
April 6, 2024
Charter Sued in Atlantic IP’s Optical Networking Campaign
New Patent Litigation
Atlantic IP Services Limited plaintiff Iarnach Technologies Limited has sued a third defendant in its optical networking campaign, hitting Charter Communications (Spectrum Gulf Coast, Spectrum Management) (2:24-cv-00230) over the provision of products necessary for providing DPoE v2.0-compliant networks—including “all hardware and software, optical line terminals (ONTs), and optical network units (ONUs)/optical network terminals (ONTs), transport networks, and DOCSIS back office equipment”. Iarnach previously sued AT&T (AT&T Mobility and several other subsidiaries) in a May 2023 case in which Nokia has successfully intervened and Verizon (Verizon Wireless and several other subsidiaries) in a December 2023 case, all three suits filed in the Eastern District of Texas.
April 5, 2024
ACQIS Wins Its Second Infringement Verdict—11 Years After Its First One
Patent Litigation Feature
A Western District of Texas jury has returned an $18M infringement verdict in one of the longest-running patent litigation campaigns still active. On March 22, the jury found that ASUSTek infringed two patents asserted against it by inventor-controlled ACQIS LLC, following an extended back-and-forth over whether a claim construction ruling that led to a judgment of noninfringement in prior litigation should have a preclusive effect here. The verdict in this case is the plaintiff’s second, the first handed down in 2011 in the campaign’s inaugural lawsuit—which was filed all the way back in April 2009.
March 30, 2024