Earlier this year, Intellectual Ventures LLC (IV) signaled a move away from the purchase of additional patents, instead refocusing on the monetization of existing assets. A review of IV’s patent assignments over the last 12 months confirms that shift, as do IV’s recent litigation activities, which include an automotive campaign begun in March (its first new campaign since 2015). While there has been much speculation about the effect that IV’s decision to stop buying patents may have on the patent marketplace, just as interesting is what will come of its patent divestitures. RPX has observed the transfer of patent portfolios from IV to multiple other NPEs over the past year, including four of the top ten filers (by defendant count) in 2017: IP Valuation Partners LLC (d/b/a IPVal); Leigh M. Rothschild; Monument Patent Holdings, LLC; and Equitable IP Corporation. Each has initiated its own litigation campaigns asserting patents acquired from IV, beginning with Equitable IP back in October 2016, and including three launched by IPVal during the first half of this October alone.

Display Technologies, LLC, one of the numerous NPEs controlled by inventor Leigh M. Rothschild, has filed a new round of cases in its ongoing litigation campaign. The plaintiff’s latest two lawsuits accuse Gibson Brands (Gibson Innovations) (1:17-cv-01426) and Pioneer (1:17-cv-01427) of infringement through the provision of various Bluetooth audio devices. Both are alleged to infringe through the provision of portable Bluetooth speakers, with Philips also alleged to infringe through Bluetooth-enabled home audio devices such as stereos, and Pioneer through Bluetooth-capable home theater systems. These two complaints, filed in Delaware, are the first that Display Technologies has filed outside of the Eastern District of Texas, and the first since its case against HTC was transferred from the latter district in June due to the US Supreme Court’s decision in TC Heartland.

Inventor Leigh M. Rothschild has continued his streak of conceding to venue challenges in Texas, less than a year after largely consolidating his litigation in that state. On July 18 and 24, dockets were opened in the Central District of California and Delaware, respectively, for the cases against ShopStyle (1:17-cv-00978) and Clique Media (2:17-cv-05463) brought by the Rothschild-controlled Product Association Technologies, LLC after the defendants filed motions to dismiss due to improper venue in the Eastern District of Texas cases against them (2:17-cv-00270, 2:17-cv-00265). Product Association also dismissed cases against IAC Search & Media (2:17-cv-00269) and Verizon (Altaba (f/k/a Yahoo), Polyvore, Yahoo Holding) (2:17-cv-00272, 2:17-cv-00268) with prejudice on July 20 after the defendants filed motions to dismiss for improper venue or, in the alternative, to dismiss due to the alleged invalidity of the asserted patent (6,154,738) under Alice. Each of those virtually identical motions was filed on June 26 and alleged that the ‘738 patent is impermissibly directed to the abstract idea of “locating and sending product information in response to a request”.

RPX took note, among the USPTO assignment records made available during the first half of May, of the transfer of patents to frequent plaintiffs Leigh M. Rothschild and IP Valuation Partners (both of which received patents from Intellectual Ventures LLC) and BlackBird Tech LLC. RPX also took note of transfers of patents from multiple assignors to an NPE controlled by patent attorney Brian Yates—a California attorney revealed, by a January sanctions ruling in Texas, as controlling more entities than previously thought. Also among the noted transactions are outbound assignments by Panasonic, Pantech, and ZTE, and a transfer from Allied Security Trust’s Industry Patent Purchase Program involving former IBM and Nokia patents.

The first of two Texas entities created in 2017 by Leigh M. Rothschild has now filed suit. Product Association Technologies, LLC has accused Clique Media Group (2:17-cv-00265), eBay (2:17-cv-00266), IAC/InterActive (IAC Search & Media) (2:17-cv-00269), Lyst (2:17-cv-00267), Polyvore (2:17-cv-00268), ShopStyle (2:17-cv-00270), Shopzilla (2:17-cv-00271), and Yahoo (2:17-cv-00272) of infringing a single patent (6,154,738) generally related to the use of codes to identify products on the Internet. The accused products include e-commerce websites and associated apps that use product codes. This Rothschild campaign appears to be the first to assert a patent on which Rothschild himself is not a named inventor.