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Delaware Jury Awards IPA Technologies $242M in Trial over Former SRI International Patent
Patent Litigation Feature
This past week, IPA Technologies Inc. successfully convinced a Delaware jury that Microsoft has infringed three claims from a single patent generally related to speech-based control over electronic resources through the provision of the Cortana digital assistant. The jury returned a verdict indicating that Microsoft failed to prove those claims anticipated by certain prior art (“the WARREN implementation of the RETSINA system”) and awarding $242M in damages. Meanwhile, district court litigation against Alphabet (Google) remains stayed to await IPA’s appeals from adverse final written decisions handed down in remand PTAB proceedings.
May 12, 2024
Embattled Damages Theory Lands Acceleration Bay a Jury Verdict in Delaware
Patent Litigation Feature
A Delaware jury has returned a verdict in favor of Acceleration Bay, LLC and against Activision Blizzard, which Microsoft acquired last October. The jury awarded the plaintiff $23.4M in combined damages, $18M for infringement through provision of the defendant’s World of Warcraft video game; $5.4M, of its Call of Duty. Two claims, one from each of two patents (surviving from an original complaint in which six patents were asserted), were tried to the jury in a case with a long, complicated history involving, among other things, multiple claim construction disputes over what it means for a gaming network to be “m-regular” and “complete” and a “just the facts” damages theory that apparently limped across the finish line.
May 12, 2024
Eighteen Percent of Defendants Added in Q1 Landed Before Judge Gilstrap
In Case You Missed It
In the first quarter of 2024, Eastern District of Texas Chief Judge Rodney Gilstrap sat atop the list of judges with the most overall patent litigation, followed by Magistrate Judge Jennifer L. Hall, to whom an increasing number of District of Delaware case are at least initially assigned. Tied for third place on this list was Eastern District of Texas Judge Robert W. Schroeder III, raising the question of where Judge Alan D. Albright landed over in the Western District of Texas.
May 12, 2024
It’s Not Every Patent Complaint That Name Checks “The Starr Report” AND Big Bad Voodoo Daddy
New Patent Litigation
Recently formed Delaware plaintiff Sandpiper CDN, LLC has launched litigation, suing Alphabet (Google) (2:24-cv-03951) in the Central District of California. Six patents, generally related to content delivery networks and received from Level 3 Communications (acquired in 2017 by Lumen Technologies f/k/a CenturyLink), are asserted in the new complaint, which targets Google CDN, which the plaintiff contends that Google “uses and sells . . . via its Cloud CDN and Media CDN offerings”, including in connection with YouTube and YouTube TV. Sandpiper CDN pleads that it is “[n]amed after, and in homage to, the company that originally pioneered and developed CDN technologies in the 1990’s”, Sandpiper Networks.
May 12, 2024
Advanced Coding Technologies Hits Google
New Patent Litigation, TPLF
Advanced Coding Technologies LLC (ACT) has added a case against Alphabet (Google) (2:24-cv-00353) to the litigation campaign begun back in April 2022 over a portfolio of patents received from JVCKenwood. The plaintiff describes the three asserted patents—also in suit in the Eastern District of Texas against LG Electronics (LGE) and Samsung—as generally related to “coding and decoding data efficiently”, with infringement allegations highlighting Google Pixel smartphones “that, upon information and belief, encode and/or decode digital video using the AV1 codec using Tensor processors”. According to court documents, ACT is now finalizing a settlement with one of those two prior defendants.
May 12, 2024
Time for Another Review of Recently Recorded Patent Assignments
Patent Market, Patent Watch
RPX’s last look at notable patent assignments considered movement of assets to Ueran Technology LLC from Huawei; to AX Wireless, LLC from SOLiD; to VideoLabs, Inc. from DCX US Agility Platform LLC, a subsidiary of DXC Technology; to Flash Uplink LLC from its publicly traded parent Quest Patent Research Corporation (QPRC); to various entities from Ascend Innovation Management, LLC entities; and to Nera Innovations Limited from multiple entities associated with Atlantic IP Services. It is time for a review of additional notable transfers recorded since then.
May 12, 2024
WSOU Files Against Cisco in East Texas as West Texas Actions Continue to Sputter
New Patent Litigation
Since March 2020, WSOU Investments, LLC (d/b/a Brazos Licensing and Development) has been litigating patents from a large portfolio received from Nokia (including Alcatel-Lucent) in batches of cases filed separately against AMD (Xilinx), Huawei, ZTE, Microsoft, Dell (including EMC and VMware, the latter spun out and then later acquired Broadcom), Alphabet (Google), HP Enterprise (HPE), Juniper Networks, F5 Networks, NEC, OnePlus, Canon, TP-Link, Arista Networks, Salesforce, Cisco, and NETGEAR—in that rough order. Litigation remains active against Arista, Cisco, Dell, F5, Google, Salesforce, and VMware, WSOU this past week suing Cisco (2:24-cv-00332) for a second time, targeting the provision of various networking products and services, ranging from optical line systems to switching platforms, with five patents.
May 11, 2024
Cellular South Sues Google over Patents Arising from Alleged Effort to “Unlock the Power of Video”
New Patent Litigation
Cellular South, Inc., a subsidiary of telecommunications holding company Telapex, has filed suit against Alphabet (Google) (6:24-cv-00245), alleging infringement of three patents described in the new Western District of Texas complaint as “cover[ing] foundational technologies for organizing unstructured data within video that allows content providers to gain a better understanding of the context and value of content and present it back to users in a highly personalized manner”. Targeted is the provision of “video classification and recognition technology”, including the Cloud Video Intelligence Platform. At issue is the use of “machine learning models and natural language processing techniques to identify and classify videos using contextual information”.
May 11, 2024
Slyde Analytics Steadily Expands Number of Asserted Patents in Smartwatch Campaign
New Patent Litigation, TPLF
Slyde Analytics LLC, a funded Ascend Innovation Management, LLC (AIM) plaintiff, has filed a fourth complaint in its smartwatch campaign, suing Apple (2:24-cv-00331) in the Eastern District of Texas where litigation is already underway against Samsung (sued in February 2023 over four patents), Zepp Health (sued in April 2023 over seven patents), and Garmin (March 2024, nine patents). Apple is accused of infringing 11 patents through the provision of smartwatches and related products, including smartphones, with an emphasis on features related to athletic performance metric tracking, displays, and power management.
May 10, 2024
Ad-Hoc Wireless Networking at Issue in SCR Networks’s Latest Complaint
New Patent Litigation
Following the October 2022 dismissal of its first and only patent case, filed against TP-Link in the Central District of California, SCR Networks LLC has sued Cisco (2:24-cv-00349), this time in the Eastern District of Texas. The plaintiff asserts a single patent generally related to ad-hoc wireless networking, with Cisco accused of infringement through the provision of routers that implement Mobile Ad Hoc Networks (MANETs) using the OSPFv3 routing protocol.
May 10, 2024