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.

In April 2019, Zyrcuits IP LLC, an NPE apparently associated with monetization firm IP Edge LLC, picked up the bulk of the patent portfolio once held (and litigated) by Linex Technologies, Inc. Last week, Zyrcuits asserted the first of those 30 US patents, filing complaints against Signify (1:19-cv-01609), Spectrum Brands (1:19-cv-01610), Wink Labs (1:19-cv-01607), and Wirepath Home Systems (Control4) (1:19-cv-01608), in the District of Delaware and against Samsung (2:19-cv-00298) in the Eastern District of Texas. The sole asserted patent generally relates to spread-spectrum wireless data transmission, with infringement allegations targeting the provision of smart home products supporting the ZigBee wireless communications standard.

The portfolio of patents received by monetization firm IP Edge LLC from Siemens in October 2018 has now given rise to eight campaigns, with the most recent waged by plaintiff Sonohm Licensing LLC. The NPE has accused Best Buy (Great Call) (1:19-cv-01619, 1:19-cv-01620), Fry’s Electronics (2:19-cv-00297), Juniper Systems (1:19-cv-00101), and ROKit (2:19-cv-07569) of infringing up to three wireless communications patents through the provision and/or sale of various devices that use Bluetooth 4.0 technology, including various smartphones, speakers, tablets, and wireless earphones. The retailers, Best Buy and Fry’s, are accused of infringement through the sale of such products made by Amazon, ASUSTek, BLU Products, Caterpillar, CellAllure, DigiLand, Ematic, Lenovo, RugGear, and Visual Land, among others, with Best Buy’s GreatCall tagged over the provision of the Jitterbug Smart2 and Jitterbug Flip “senior cell phones”; Juniper Systems, over its “rugged” mobile devices (i.e., the CT7G, Allegro 3, and Archer 3); and ROKit, over its iO Pro 3D, 3D, Light, and One smartphones.

As RPX’s recently published Patent Litigation and Marketplace Report notes, IP Edge LLC landed at the top of the list of most frequent filers for 2018, a spot familiar to the Texas monetization firm from previous years (see here and here). Its affiliates added nearly 200 defendants to campaigns over the course of last year, and, as RPX noted last week, the firm recently acquired a portfolio of US patents from Huawei, which the week in between has already seen translated into four new litigation campaigns (see, e.g., here, here, here, and here). The former Huawei patents join portfolios acquired directly from Panasonic (in October 2017) and Siemens (in October 2018), which the monetization firm has been asserting in multiple litigation campaigns since. This burst of activity over patents acquired in bundles from operating companies comes as IP Edge has weathered a second Alice-Octane storm that ended one of its affiliate’s litigation campaigns, this time hitting in Delaware rather than in Texas.

Texas NPE Peppermint Hills LLC has asserted a single patent (8,131,217) generally related to identifying a device via Bluetooth against Adidas, AliphCom, Garmin, Nike, Pebble Technology, Sigma Sport, Timex, TomTom, and Under Armour. The defendants are accused of infringement through provision of smartwatches and other wearable computing devices. Peppermint’s complaints mark the third time an NPE has asserted a former TeliBrahma Technologies patent acquired from Allied Security Trust (as Cactus Flower) on the same day in 2015.

In the first half of May 2015, RPX saw 15 patent transfers recorded with the USPTO.

Finnavations, LLC launched a campaign against financial services companies, filing suit against Alliance Bank, Bank of America, BBVA Compass Financial, Capital One, Charles Schwab, Citizens Bank, First Citizens Bank, First Republic Bank, Frost Bank, HSBC Bank, JPMorgan Chase, Keycorp Finance, PNC Financial Services, Prosperity Bancshares, Silicon Valley Bank, and US Bank. Each suit asserts a single patent concerning a financial management system (8,132,720). In the complaints, Finnavations accuses defendants’ online and mobile banking systems of infringement.