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Blackbird Technologies Kicks Off First Litigation Campaign of 2020
New Patent Litigation
Blackbird Tech LLC (d/b/a Blackbird Technologies) has sued HP (1:21-cv-00132) over the provision of laptops that contain either a webcam “kill switch” or a camera shutter button that disables the user’s camera. The NPE asserts three patents generally related to a security system for a personal device comprised of an isolated switch and controller that can connect and disconnect a “peripheral device” from the personal device. Blackbird Technologies pleads ownership of the patents, while currently available USPTO records do not reflect the assignment of rights away from their named inventors.
February 10, 2021
Federal Circuit Chides Blackbird for “Nuisance” Litigation in Fee Award Affirmance, Echoing Prior Octane Rulings
Patent Litigation Feature
The Federal Circuit has upheld an attorney fee award against patent monetization firm Blackbird Tech LLC (d/b/a Blackbird Technologies), affirming a Central District of California decision that the NPE’s case against two providers of exercise equipment was exceptional under the Supreme Court’s holding in Octane. In particular, the Federal Circuit agreed with the district court that Blackbird’s conduct justified a fee award under both independent prongs of Octane, by pursuing “meritless” and “frivolous” claims against the defendants and for litigating in an unreasonable manner. Now, the defendants have asked the Federal Circuit for fees incurred at the appellate stage, citing its ruling that Blackbird’s conduct had “severely affected every stage of the litigation”. The rulings against Blackbird echo a prior series of Octane decisions against IP Edge LLC, another monetization firm known for its similar file-and-settle strategy.
January 24, 2020
Blackbird Technologies Keeps Suing Banks in Fraud Detection Campaign
New Patent Litigation
Blackbird Tech LLC (d/b/a Blackbird Technologies) has kept its secure transactions campaign alive by filing suit against Wells Fargo (1:19-cv-01129) in the District of Delaware, asserting the same three patents seen in the NPE’s previous cases, filed against BMO Harris Bank, Capital One, and HSBC. Wells Fargo is accused of infringement by allegedly “performing a secure transaction method” through the provision of a suspicious card activity alerts service.
June 25, 2019
Lyft and Uber Hit for a Second Week Running, This Set of Complaints over a Patent Received from Sisvel
New Patent Litigation
With new suits filed against Lyft (1:19-cv-00566) and Uber (1:19-cv-00561), the number of litigation campaigns initiated by Blackbird Tech LLC (d/b/a Blackbird Technologies) since September 2014 has reached two dozen. These most recent complaints accuse the ride-sharing companies of infringing a single patent—generally related to a system for vehicle guidance where logged-in vehicles are each separately identified and that provides navigation to one or more destinations and utilizes traffic information to update routes—through provision of the Lyft Driver app and Uber Driver app, respectively, as well as related services and software, with their specialized vehicle navigation features at issue. Last week was the second in a row to see a new campaign hit both Lyft and Uber.
March 28, 2019
Seiko Epson Divestiture Seen Among the Patent Assignments Posted by the USPTO in July
An assignment of over 80 patents from Seiko Epson to an NPE with apparent ties to Longitude Licensing Limited was made public by the USPTO in late July. Also notable among recently recorded patent transfers is an assignment from the Illinois Institute of Technology to Blackbird Tech LLC.
July 29, 2018
Transfers to Uniloc and Network-1 Seen Among the Assignment Records Released During the First Week of October
RPX noted among the assignment records posted by the USPTO during the first week of October patent transfers to Uniloc Luxembourg S.A.; Blackbird Tech LLC; Network-1 Technologies, Inc.; Intellectual Ventures LLC; Optis Wireless Technology, LLC; and an apparent affiliate of IP Edge LLC.
October 13, 2017
August PTAB Activity Includes Fifty-Five Percent Drop in Petitions Against NPEs
The Patent Trial and Appeal Board (PTAB) saw the number of petitions for AIA review filed against NPEs drop by more than half in August 2017, down to 30 petitions from 68 in July. Petitions were brought in August against publicly traded Finjan Holdings, Inc., inventor Leigh M. Rothschild, and a mix of prolific private litigants, including Blackbird Tech LLC, Realtime Data LLC, and Uniloc Corporation Pty. Limited. Meanwhile, the Board instituted trial in August for petitions against a variety of entities, including the California Institute of Technology and publicly traded Quarterhill Inc. as well as IP Bridge, Inc.; Realtime Data; and Uniloc. The PTAB also issued final decisions throughout August in campaigns waged by publicly traded Acacia Research Corporation; Advanced Touchscreen and Gesture Technologies, LLC; Elm 3DS Innovations LLC; and Rosetta-Wireless Corporation.
September 1, 2017
USPTO Records Released in Second Half of June Feature Assignments to Familiar NPEs
RPX took notice, among the assignment records published by the USPTO during the latter half of June, of the transfer of patents to several repeat players in patent litigation, including IP Edge LLC and Cerinet USA Inc. Also of note were two NPE-to-NPE transactions, from Intellectual Ventures LLC to IQ Holdings, LLC, and between M2M Solutions LLC and Blackbird Tech LLC.
July 6, 2017
Blackbird Tech Targets Data Center Products in New Campaign
Blackbird Tech LLC (d/b/a Blackbird Technologies) has started a new litigation campaign, asserting a single patent (8,424,885), generally related to an environmentally controlled enclosure for electronic components, against ScaleMatrix (3:17-cv-01342). The defendant is accused of infringing the ‘885 patent through the provision of its server rack-mounting hardware and related data center management platform, which include systems for air cooling and filtration, fire suppression, and access control.
July 3, 2017
Assignment Records Published During the First Half of June Include Recent Transfers to Major NPE Players
RPX took notice, among the USPTO assignment records made available during the first half of June, of patent transfers to a number of frequent plaintiffs in patent litigation, including Blackbird Tech LLC; IP Valuation Partners LLC; and Monument Patent Holdings, LLC. Assignees also included Intellectual Ventures LLC, Longhorn IP LLC, and several NPEs associated with California attorney Daniel Cotman. Dongbu HiTek and Sharp were among the assignors.
June 23, 2017