A Light Week to Kick Off the New Year
The first week of 2024 was a light one for patent filings. The Patent Trial and Appeal Board (PTAB) had a slightly below average 21 new petitions—all petitions for inter partes review (IPR), while there were only 34 new filings in district court.
The PTAB saw new IPRs filed against Advanced Coding (filed by Samsung), XR Communications (filed by Ericsson) and Semiconductor Design (filed by Cadence Design Systems). Four new IPRs challenging three Senko Advanced Components Inc. [associated with Senko Group Holdings Co, Ltd.] patents were filed by US Conec Ltd. After low activity throughout 2023, Askeladden has filed three new IPRs challenging three Calabrese Stemer LLC patents and four new IPRs challenging three Intercurrency Software LLC patents.
There were no procedural denials this week and only five institutions, four of which were IPRs filed by Micron Technology and/or Samsung, challenging patents held by Netlist Inc. Additionally, this week there were requests for adverse judgement in three IPRs challenging one patent (filed by Corning Optical Communications LLC) by Dali Wireless [associated with Dali Systems Co., Ltd.] requested.
There were six final written decisions issued by the PTAB. Ppc Broadband was successful in two IPRs challenging two patents held by Times Fiber Communications [associated with Amphenol Corporation], Motorola Mobility received a favorable outcome in its IPR challenging a Largan Precision patent, and Samsung was successful in its IPR challenging a Staton Techiya Patent [funded by PurpleVine IP Operating (Shenzen) Co., Ltd.] (discussed further below).
In district court, we saw continuations of familiar campaigns, including Aml IP [a DynaIP entity] (three new cases against Ashley Furniture, Beauty Brands, and J. Crew), AR Design Innovations [associated with Empire IP] (one new case against Home Depot), and Axcess Global Sciences [associated with Axcess Global] (one new case against Platinium 500 Inc).
New campaigns were launched by XMARK Corporation, Headwater Partners II LLC [associated with Greg Raleigh], inventor-controlled Singular Computing LLC, and Lightning Fitness Systems LLC [associated with Jeffrey M. Gross].
Samsung Successful in Final Written Decision Against Staton Techiya
Samsung was successful in its IPR challenging a patent asserted by Staton Techiya [funded by PurpleVine IP Operating (Shenzen) Co., Ltd.]. Staton Techniya has sued Samsung (and its subsidiary Harman International Industries, Incorporated) in a number of lawsuits over the past few years asserting 27 patents. Samsung has had mixed results in challenges against other patents.
Staton Techiya was also recently a plaintiff affected by Judge Connolly’s standing orders imposing heightened disclosure requirements. In two cases filed in the District of Delaware, Staton initially indicated that it did not have a parent corporation and there was no publicly held corporation owning 10% or more ownership interest. However, after the cases were assigned to Judge Connolly, Staton filed new disclosures naming more than 100 partners and identifying PurpleVine IP—a company organized under the laws of the People’s Republic of China—as its source of funding.
Uptick in Design Patent Filings
This week saw an unusually high number of design patent cases, with a total of eight cases filed involving design patents. Six of those were cases against “Schedule A” Defendants filed in the Northern District of Illinois. In Schedule A Defendant cases, the plaintiff typically sues a large number of infringers who are named in a Schedule A that is attached to the complaint and sealed. This is done on the grounds that the accused infringers would remove their products or destroy evidence if the filings were made public. Indeed, in several of the cases filed this week even the patent numbers are sealed (e.g., cases filed by Xiangxin Liu and Gulan Liao) and in one of the cases filed this week, even the plaintiff’s identity is not provided (1:24-cv-00141).
According to data from Lex Machina, the Northern District of Illinois has been rising in popularity for not just design patent cases, but also for these types of Schedule A Defendant cases over the last three years. If this week is any indicator, it looks like 2024 may continue with that same trend.
Prolific Inventor Seeks Issuance of New Patent
Gilbert P. Hyatt has filed a new case in district court against USPTO Director Kathi Vidal, seeking to obtain a patent under the little-used 35 U.S.C. § 145. Gilbert Hyatt is an 85-year-old engineer, scientist, and inventor who has obtained more than 70 issued patents covering microcomputer technologies and is credited as being the inventor of the microprocessor. However, Mr. Hyatt has numerous additional patent applications that remain pending at the USPTO. In this particular case, the application at-issue was filed in 1995 and includes over 400 claims (though Mr. Hyatt seeks issuance of only 285 of these claims).
Links to the cases discussed above and more are available in the Weekly UP, which can be found here.
Image Source: Deposit Photos
Author: nito103
Image ID: 45517555
Kelly Hughes
Kelly Hughes is Senior Patent Counsel at Unified Patents, LLC where she handles PTAB filings including inter partes reviews and ex parte reexamination. Prior to Unified Kelly was a litigator […see more]
