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A Third Alice Shoe Seems Destined to Drop
New Patent Litigation
ThroughTEK Co., Ltd., together with its subsidiary ThroughTEK Technology (Shenzhen) Co., Ltd., has filed a third District of Delaware complaint against Reolink Digital Technology (Reolink Innovation) (1:24-cv-01027), again also naming as defendants a set of retailers Amazon, eBay, Home Depot, Micro Electronics (Micro Center), and Walmart (Sam’s West). This past April, in ThroughTek’s first suit against these same defendants, District Judge Gregory B. Williams sustained a set of objections to a magistrate judge report and recommendation that the court deny the defendant’s motion to dismiss under Alice. Judge Williams, after taking a fresh look, ruled that the claims of are patent-ineligibly directed to the abstract idea of “using an image (such as a barcode or QR code) to convey information needed to establish a communication link (a P2P connection)”.
September 19, 2024
Having Avoided Alice, ThroughTEK Hits Reolink (and Retailers) Again
New Patent Litigation
ThroughTEK Co., Ltd., together with its subsidiary ThroughTEK Technology (Shenzhen) Co., Ltd., has filed another District of Delaware complaint against Reolink Digital Technology (Reolink Innovation) (1:24-cv-00169), again also naming as defendants a set of retailers Amazon, eBay, Home Depot, Micro Electronics (Micro Center), and Walmart. The new case follows a February 5, 2024 report from Delaware Magistrate Judge Sherry R. Fallon, recommending the denial of a Reolink motion challenging claims from a separate patent under Alice, that patent “generally directed to . . . establishing a point-to-point (‘PSP’) connection by scanning an image, such as a bar code or QR code”. Per that report, “the focus of [the representative claim] is on a specific improvement to computer capabilities, as opposed to an abstract idea for which computers are invoked merely as a tool”.
February 16, 2024