As recently reported by RPX in its Q3 in Review, NPE litigation targeting the Automotive sector increased during the third quarter by over 180%. Several familiar faces in the patent monetization space launched or expanded automotive campaigns in Q3, including multiple NPEs tied by public records to third-party litigation funders. While the number of defendants sued in automotive campaigns remains relatively low as compared to other busy sectors, the litigation activity of several established plaintiffs in this space reflects sustained NPE interest.

Multiple litigation finance players announced large fundraises during the third quarter, signaling a continued interest in the asset class by institutional investors. Also during Q3, several NPEs began new campaigns financed by third parties, including an established litigation finance firm as well as a hedge fund.

Blitzsafe Texas, LLC has extended the 2021 round of lawsuits in its long-running litigation campaign, adding Eastern District of Texas suits against Alps Alpine (Alps Electronics) (2:21-cv-00293), Aston Martin Lagonda Global Holdings (2:21-cv-00294), Harley-Davidson (Harley-Davidson Motor Company) (2:21-cv-00295), and Samsung (Harman Becker Automotive Systems) (2:21-cv-00296). Those cases join May 2021 suits filed in the same district against Aptiv (f/k/a Delphi), Continental, EinCar Tech, JVC Kenwood, Marelli Europe, Namsung, Sony, and Zhejiang Geely (Volvo). All target automotive infotainment systems with two patents generally related to integrating mobile devices (e.g., CD players, smartphones, etc.) with a vehicle’s media system.

Blitzsafe Texas, LLC and GM have filed a third request to stay the 2019 case between the two, indicating that an additional 14 days are required to “finalize the settlement documents with a third-party supplier”. In late April, Eastern District of Texas Judge Rodney Gilstrap granted the request indicating that the “Court does not anticipate further extensions”. A dismissal there will end Blitzsafe’s entire wave of 2019 cases, which included now-settled suits against PACCAR, Stellantis (Fiat Chrysler, Maserati), and Unigroup (Navistar). However, a fresh Blitzsafe wave—of cases filed against Aptiv (f/k/a Delphi) (2:21-cv-00160), Continental (2:21-cv-00161), EinCar Tech (2:21-cv-00162), JVC Kenwood (2:21-cv-00163), Marelli Europe (2:21-cv-00164), Namsung (2:21-cv-00165), Sony (2:21-cv-00166), and Zhejiang Geely (Volvo) (2:21-cv-00167)—will keep this campaign, which targets integration of mobile devices into in-vehicle infotainment systems, stretching into its second decade.

With new Eastern District of Texas suits against Fiat Chrysler (2:19-cv-00378) and GM (2:19-cv-00377), the long-running campaign of Blitzsafe Texas, LLC, an entity under the control of named inventor Ira Marlowe, begun in March 2010, will likely persist into 2020, past the decade mark. The same two patents, generally related to integrating mobile devices (e.g., CD players, smartphones, etc.) with a vehicle’s media system are asserted in each new complaint, with the companies accused of infringement through provision of their infotainment systems. The new cases follow an early August dismissal in the last case among seven 2017 suits targeting automakers—a dismissal entered on the same day that District Judge Rodney Gilstrap vacated an order denying BMW’s motion to dismiss based on improper venue in Texas based on the presence of dealerships there.

Blitzsafe Texas, LLC, an entity under the control of named inventor Ira Marlowe, has filed another round of lawsuits in a litigation campaign begun back in March 2010. The latest defendants are BMW (2:17-cv-00418), Daimler (2:17-cv-00422), Mazda (2:17-cv-00423), Subaru (2:17-cv-00421), TATA Motors (Jaguar Land Rover) (2:17-cv-00424), and Zheijang Geely Holding Group (Volvo) (2:17-cv-00420). Two patents (7,489,786; 8,155,342) generally related to integrating mobile devices (e.g., CD players, smartphones, etc.) with a vehicle’s media system are asserted in each new complaint, with the companies accused of infringement through provision of their infotainment systems. This new round of cases follows settlements, several on the brink of trial, earlier this year in cases filed in July 2015 against carmakers Honda, Hyundai, Nissan, Toyota, and Volkswagen, as well as another new case, filed this past February, against Robert Bosch (2:17-cv-00105).