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Associated Plaintiffs Pepper Existing Defendants with New Complaints, Argue Elsewhere That “A Settlement Offer of $149,000 Should Not Be Considered Nuisance Value”
New Patent Litigation
Last month, Mesa Digital LLC hit existing defendants Acer (3:24-cv-02521), Amazon (7:24-cv-00271), Ingenico (1:24-cv-04996), Microsoft (7:24-cv-00255), and Zebra Technologies (4:24-cv-03818) with additional complaints, while associated plaintiff Ortiz & Associates Consulting, LLC (OAC) sued new defendant Sharp Imaging (7:24-cv-00271). Meanwhile, briefing in OAC’s appeal of a $117K shift of attorney fees, in an earlier case against VIZIO, appears to have completed. There, OAC argues, among other things, that Northern District of Texas Judge David C. Godbey erred by adding exceptionality onto the previous “sanction” of dismissal with prejudice; by refusing OAC leave to amend to plead compliance with marking requirements, which it contends do not apply to NPEs; and by finding OAC’s litigation of the case unreasonable based on a failure to serve either infringement contentions or discovery requests and on a $149K settlement offer, made in a campaign that has seen myriad other cases dismissed in early stages.
November 3, 2024
OAC Makes Amazon, Microsoft Repeat Defendants in Campaign as It Appeals Shift of $117K in Attorney Fees
New Patent Litigation
Represented by Ramey LLP in one of the longest running active litigation campaigns, Ortiz & Associates Consulting, LLC (OAC) has filed new separate cases against Amazon (Amazon Web Services) (7:24-cv-00215) and Microsoft (7:24-cv-00213). Both defendants have been previously sued in this campaign—Microsoft twice, the previous time over one of the two patents now asserted against both, targeting the respective provision of Amazon Fire TV and Microsoft Miracast. The latter infringement allegation is purportedly spelled out in a chart attached to the new Microsoft complaint, a chart that suggests that the “patent claims analysis” was conducted by HyperInfo Canada Inc. for Dynamic IP Deals LLC.
September 6, 2024
New Defendants Tagged in FlickIntelligence’s AR and VR Campaign
New Patent Litigation
So far in April, FlickIntelligence, LLC, an entity associated with Ortiz & Lopez PLLC, has added suits against EON Reality (8:24-cv-00841) in the Central District of California and HTC (HTC America) (5:24-cv-02201) in the Northern District of California. The sole asserted patent generally relates to “displaying additional information about a scene element displayed in a frame of video content”. HTC is accused of infringement through the provision of the VIVE XR Elite headset, while EON Reality is accused over the EON-XR platform.
April 26, 2024
Facing Alice Challenge, FlickIntelligence Expands AR and VR Campaign
New Patent Litigation
FlickIntelligence, LLC has sued Microsoft (6:24-cv-00079), NXP Semiconductors (NXP USA) (6:24-cv-00080), and Unity Software (6:24-cv-00082) over the provision of the Windows Mixed Reality VR (“virtual reality”) headset, NXP’s augment reality (AR) systems, and Unity’s AR platform, respectively. A single patent—generally related to displaying information about a “scene element” on a “secondary display” of an AR device—is asserted in these latest Western District of Texas complaints. Meta, sued by FlickIntelligence this past September, has filed a motion to dismiss for pleading inadequacies and on patent eligibility grounds.
February 16, 2024
FlickIntelligence Targets AR Tools in New Round of Complaints
New Patent Litigation
FlickIntelligence, LLC, an entity associated with Ortiz & Lopez, PLLC (d/b/a OL PATENTS), has expanded its sole litigation campaign, launched in December 2021, with separate suits against Meta Platforms (f/k/a Facebook) (6:23-cv-00655) and Netmarble (Jam City) (6:23-cv-00653) in the Western District of Texas. The sole asserted patent generally relates to displaying information about a “scene element” on a “secondary display” of an augmented reality device, with infringement allegations targeting the support of augmented reality tools in Meta’s Passthrough API and Jam City’s various videogames.
September 10, 2023
VIZIO Sued over Device Pairing Functionalities in Long-Running Campaign
New Patent Litigation
Ortiz & Lopez, PLLC (d/b/a OL PATENTS), through Ortiz & Associates Consulting, LLC (OAC), has sued VIZIO (3:23-cv-00791) in the Northern District of Texas over the support of device pairing functionalities in its SmartCast mobile app. The two asserted patents generally relate to providing data to devices capable of displaying the data transmitted from a wireless device. Since launching this campaign in September 2008, OL Patents—through three controlled entities—has sued over 40 defendants and asserted a total of 23 patents.
April 22, 2023
Arena IP Expands “Event Spectators” Networking Campaign
New Patent Litigation
Arena IP, LLC, an entity associated with Ortiz & Lopez, PLLC (d/b/a OL PATENTS), has filed a new round of complaints in its sole litigation campaign, launched in April 2022, the plaintiff now suing Boingo Wireless (4:23-cv-00085) in the Eastern District of Texas, Extreme Networks (3:23-cv-00238) and Minnesota Vikings Football (3:23-cv-00260) in the Northern District of Texas, New England Patriots (4:23-cv-00428) in the Southern District of Texas, and Verizon (Verizon Communications) (6:23-cv-00054) in the Western District of Texas. The plaintiff asserts in each complaint a single patent generally related to communicating data to “hand held wireless devices located throughout a sports and entertainment venue”. The defendants are accused of infringement through the provision or support of networking solutions and and related products (e.g., mobile apps and software) that support functionalities intended for spectators of an event, including mobile ordering, networking, and/or video replays.
February 2, 2023
A Bit of Confusion Seems to Cloud Complaints Filed by “Flick Intelligence”
New Patent Litigation
FlickIntelligence, LLC appears to have sued Activision Blizzard (Activision Publishing) (6:23-cv-00050), Alphabet (Google) (6:23-cv-00051), and Apple (6:23-cv-00057) in separate Western District of Texas complaints. Two patents generally related to “displaying additional information about a scene element displayed in a frame of video content” are asserted, with infringement allegations targeting, for Activision, the support for multiplayer functionalities in the Call of Duty: Mobile game; for Google, the support for certain augmented reality (AR) tools in its Pixel-series smartphones; and for Apple, the provision of ARKit in certain iPhones and iPads. The plaintiff has now four times pleaded that it is a Texas LLC, but Texas records do not support that assertion; rather, it appears that FlickIntelligence is a New Mexico LLC associated with a set of figures familiar to patent monetization.
January 27, 2023
Front Row Starts Litigating “Venue Positioning System” Patent
New Patent Litigation
Front Row Technologies LLC has sued Cisco (6:23-cv-00035) and u-blox (3:23-cv-00157), asserting a single patent generally related to access permissions in a “venue positioning system” based on the location of a “wireless hand held device”. Cisco is accused of infringement through the provision of its Hyperlocation Modulation; u-blox, through the provision of Bluetooth indoor positioning. The patent belongs to a large family that has seen its members litigated by three plaintiffs associated with Ortiz & Lopez, PLLC (d/b/a OL PATENTS) since 2008. Front Row filed the earliest cases in this campaign, but after a set of Alice invalidations, litigation continued through two other, associated plaintiffs.
January 22, 2023
Arena IP Sues Aruba Networks, CommScope
New Patent Litigation
Facing a pair of motions to dismiss in its April round of suits, Arena IP, LLC has filed new complaints, one against each of CommScope (2:22-cv-00332), in the Eastern District of Texas, and HP Enterprise (HPE) (Aruba Networks) (6:22-cv-00885), in the Western. Infringement allegations of the single patent-in-suit—broadly related to “hand held wireless devices located throughout a sports and entertainment venue”—are in line with those in the cases already underway in the Western District of Texas against AT&T, Cisco, and Ericsson, with the plaintiff targeting interactive functionalities intended for spectators of an event (e.g., placing bets, streaming/uploading content, uploading media, and more) within certain networking solutions and related products.
August 25, 2022