Blackbird Tech LLC (d/b/a Blackbird Technologies) has launched its thirteenth litigation campaign since late 2014, asserting a single patent (7,174,362) already the subject of extensive litigation by its previous owner, Innovative Automation LLC. As RPX previously noted, Blackbird acquired the ‘362 patent in November 2016, and the NPE has now filed new cases against Mubi (1:17-cv-00099), Netflix (1:17-cv-00100), SoundCloud (1:17-cv-00101), Starz Entertainment (1:17-cv-00102), Studio 3 Partners (1:17-cv-00098), and Vimeo (1:17-cv-00103). The ‘362 patent generally relates to the duplication of digital data, and the accused products are the defendants’ apps that allow users to download video or audio files for later, offline viewing or listening.

RPX took note of eleven patent transfers to NPEs recorded during the first half of November 2016. Assignees included entities controlled by Wi-LAN, Inc.; Marathon Patent Holdings, LLC; or IP Valuation Partners LLC; NPEs apparently affiliated with Intellectual Ventures LLC or Equitable IP Corporation; and entities managed by Erik Stamell, Leigh M. Rothschild, or Nicolas J. Labbit. Also this month, BlackBird Tech LLC, which has waged 11 litigation campaigns to date, acquired a patent that was asserted against 70 companies in a large NPE campaign that closed earlier this year.

Innovative Automation LLC continued its litigation campaign with suits against DirecTV, Flixster, Inkling Systems, Oyster, Paramount Pictures, Scribd, Warner Brothers Entertainment, and Zukor. The entity continues to assert a single patent in litigation, 7,174,362, which concerns duplicating digital media that is stored on a network. Defendants all offer media streaming or downloading services to users of their applications or services. Companies offering digital downloads of books, movies, music, and television have all been targeted by the campaign.

This December Innovative Automation has filed seven suits, naming Kaleidescape, Kno, Kobo, Pacsgear, Redbox, Target, Verizon, and Vudu (Walmart) as defendants. Each case asserts a patent related to digital data duplication over a computer network (7174362). In the complaints, defendants’ media distribution and download services are accused of infringing the patent-in-suit. Innovative began this campaign in November 2012, naming a number of media distribution companies. It has also previously sued Kobo in a case from June 2013. The case was later consolidated with a number of other litigations filed by Innovative. Kobo was dismissed without prejudice from that action in October 2013 and the new case asserted the patent-in-suit along with an additional patent that is not involved in the current litigation. 12/6, Northern District of California, 4:13cv05648, 4:13cv05650, 4:13cv05651, 12/13, Eastern District of Texas, 2:13cv01103, 2:13cv01104, 2:13cv01108, 2:13cv01109

Innovative Automation [NPE] filed suit against Systor Systems over a patent related to digital data duplication.  3/14, Central District of California, 2:2011cv02169

Innovative Automation [NPE] filed suit against Microtech Systems over one patent related to to a digital data duplication system that utilizes one or more computer networks to automate the process from order-taking to delivery. 3/17, Northern District of California 4:2011cv01299