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Three Retailers Exit, as Four More Enter, in Universal Cipher’s Campaign over Alternate Character Selection on Others’ Smartphones and Tablets
New Patent Litigation
Delaware NPE Universal Cipher LLC has accused another round of retailers of infringing a patent generally related to “dynamic” text generation. This time, the NPE has sued Frys Electronics (2:19-cv-00409), GameStop (2:19-cv-00410), Office Depot (2:19-cv-00411), and Staples (2:19-cv-00412) over the sale of mobile devices, including smartphones and tablets made by Alphabet (Google), Apple, Lenovo (Motorola Mobility), Nokia, and others. This campaign began back in April 2018 with another entity, Texas’s Cumberland Systems, LLC, filing direct suits against Motorola Mobility and Nokia, suits that were quickly dismissed without prejudice.
December 21, 2019
NPE’s Filing Pattern in Sudden Reverse as Federal Circuit Holds That Letter-Writing Campaign Is Sufficient to Establish Venue
Patent Litigation Feature
Multiple Delaware NPEs under the same apparent control have each taken over the litigation of patents—earlier passed to a Texas entity for assertion—after the patents have boomeranged back. Most recently, Circuit Ventures LLC assigned a family of circuit monitoring patents to Texas entity Wireless Monitoring Systems LLC, which asserted them in litigation from November 2016 to January 2019 before assigning the family back. Circuit Ventures has sued NXP Semiconductors (6:19-cv-00275) and Pepprl + Fuchs (4:19-cv-01515) in April 2019 and Honeywell (1:19-cv-00857), Link Interactive (1:19-cv-00856), and Scout Security (1:19-cv-00858) so far in May. Likewise, Universal Cipher LLC assigned a single patent generally related to “dynamic” text generation to Cumberland Systems, LLC, which asserted it in litigation from May 2017 to May 2018 before returning the patent to Universal Cipher, which has now sued Best Buy (2:19-cv-00160), Target (2:19-cv-00163), and Wal-Mart (2:19-cv-00164) over it. These reversals, as well as other assignment activity, suggest a return to Delaware for these and other NPEs affiliated with the same patent attorney, perhaps motivated by a recent Federal Circuit opinion clarifying that targets of letter-writing campaigns can seek declaratory judgments in their home districts, rather than risk being sued elsewhere.
May 13, 2019
Generation of the Umlaut, and Other Special Characters, at Issue in Second Cumberland Campaign
New Patent Litigation
Cumberland Systems, LLC has opened up a second litigation campaign, suing Lenovo (Motorola Mobility) (1:18-cv-00594) and Nokia (1:18-cv-00593) over the provision of smartphones using Google’s Android operating system and offering non-English touchscreen keyboards that present an alternate character selection menu after the user touches and holds a character. A single patent, generally related to “dynamic” text generation, is asserted in the new complaints. Cumberland received the patent in the same transaction that gave rise to its May 2017 password management campaign.
April 21, 2018
Alleged Customers of ManageEngine Password Management System Added to Growing Cumberland Campaign
Cumberland Systems, LLC has followed up four Friday lawsuits, against alleged users of the Real-Time Innovations (RTI) password management system, with five cases this week targeting alleged customers of ManageEngine’s Password Manager Pro: Dell (VMware) (3:18-cv-00592), HP Enterprise (6:18-cv-00116), Honeywell (6:18-cv-00117), PPR (Gucci) (3:18-cv-00600), and THG Energy Solutions (1:18-cv-00218). The single patent-in-suit generally relates to password encryption, and this latest wave of cases follows earlier ones targeting customers of Keeper Security, LastPass, and Sookasa.
March 15, 2018
Cumberland Continues Password Encryption Campaign, Tagging Apparent Real-Time Innovations Customers
Connext DDS Secure is the latest password management system, provided by Real-Time Innovations (RTI), to draw the attention of Cumberland Systems, LLC, which has filed four new lawsuits, one each against Cisco (6:18-cv-00112), Lockheed Martin (3:18-cv-00554), Raytheon (6:18-cv-00110), and Siemens (6:18-cv-00111) over their alleged use of the system. The single patent-in-suit generally relates to password encryption, and this latest wave of cases follows earlier ones targeting customers of Keeper Security, LastPass, and Sookasa. Keeper Security recently challenged Cumberland’s asserted patent in an unsuccessful petition for covered business method (CBM) review.
March 9, 2018
Cumberland Systems Files Four More Suits as Keeper Security Seeks CBM Review
Cumberland Systems, LLC has filed cases against four more customers based on their alleged use of a password management system provided by Keeper Security. The sole patent-in-suit generally relates to password encryption, and the defendants in this second round of suits in Cumberland Systems’s campaign are AT&T (AT&T Mobility) (6:17-cv-00570), Chipotle (6:17-cv-00569), JPMorgan Chase (6:17-cv-00571), and Texas Freight Services (6:17-cv-00572). The first round, filed in May, hit five other alleged customers of Keeper Security—Edmunds, Marriott, Sony, True Media, and Verizon; all nine of these companies are identified as Keeper Security customers on that provider’s website (and/or on websites that compare various software products). All five of the earlier cases were dismissed, some without prejudice, within a couple months of filing, as were cases against two alleged customers of Sookasa’s password management platform. The other three first-round defendants, all alleged LastPass users, were dismissed simultaneously on September 18.
October 10, 2017
Newly Formed NPE Initiates Password Encryption Campaign
Another NPE associated with Texas attorneys Bradley D. Liddle and Adam C. Reed has kicked off a litigation campaign. Cumberland Systems, LLC has filed 11 lawsuits, one each against CashStar, Edmunds, Enova International (NC Financial Solutions), iReverse Home Loans, Mainstream Technologies, Marriott, Rocket Science Group (d/b/a MailChimp), Sony (Sony Pictures Entertainment), Startups.co, True Media, and Verizon. The new complaints assert a single patent (8,023,647) generally related to encrypting a computer user’s password. The defendants are accused of infringement through the use of storage systems that upload an encryption key to a server: Edmunds, Marriott, Sony, True Media, and Verizon, through their use of a password management platform provided by Keeper Security; iReverse Home Loans and NC Financial Solutions, by Sookasa; and the remaining defendants, by LastPass Enterprise.
May 11, 2017