Mixed Results in DraftKings IPRs; Key Patent Innovations Entity Launches First Campaign Asserting Former BlackBerry Patents; Pointwise Ventures Aims for Numerous Targets
It was a below-average week in both the Patent Trial and Appeal Board (PTAB) and in district courts this week for new patent filings, with only 27—all inter partes review (IPR)—at the PTAB and 47 new filings in district court.
Dell, Inc. filed seven IPRs against seven Ax Wireless LLC [SY Ventures] wireless communications patents; Texas Instruments Inc. filed three IPRs against two Greenthread LLC semiconductor patents; Merck Sharp & Dohme LLC filed four IPRs against four Johns Hopkins University patents; Amazon.com Inc. filed three IPRs against one Nokia Technologies Oy [Nokia Corporation] patents; and Vizio Inc. filed three IPRs against three Multimedia Technologies Pte Ltd [Transpacific IP Group Limited] patents.
The PTAB issued institution decisions in 16 proceedings this week, denying institution in two IPRs (both on the merits) and ordering institution in 12 IPRs and two post-grant reviews (PGR). Instituted proceedings include two IPRs filed by Palo Alto Networks and Keysight Technologies challenging one Centripetal Networks patent; two IPRs filed by Samsung Electronics Co., challenging two Headwater Research Patents; and two IPRs filed by Motorola Solutions Inc., challenging two Sta Group LLC patents.
The PTAB issued 11 final written decisions this week, including six final written decisions cancelling claims in five AG 18 LLC patents (discussed below). Additionally, the Board issued a final written decision finding all challenged claims unpatentable in Meta’s IPR against AlmondNet Inc. The Board also granted two Patent Owner motions to amend this week, both in PGR proceedings, amending claims Digital Turbine Inc.’s patent and Bright Data Ltd. (f/k/a Luminati Networks) patent.
In district court, Pointwise Ventures LLC launched a new campaign asserting a single patent against nine defendants (discussed below). Context Direction LLC [associated with Jeffrey M. Gross] also launched its new campaign filing one new case, asserting three patents related to context awareness in mobile devices. Malikie Innovations Ltd [Key Patent Innovations Limited] also launched a new campaign (discussed below). Also filed this week was a Declaratory Judgment action by Assurant, Inc. against Intellectual Ventures I and II and Callahan Cellular LLC, providing a lot of insight into litigation tactics employed by the plaintiffs in their campaigns.
There were also a number of continuing campaigns asserted by familiar entities, including two new American Regent Inc [Daiichi Sankyo Company Limited] cases; one new case filed by Gatekeeper Solutions Inc. [associated with AiPi]; three new cases filed by RecepTrexx LLC [associated with Jeffrey M. Gross]; and new cases by S3G Technology and Truesight Communications LLC [Alpha Alpha Intellectual Partners LLC].
DraftKings IPRs See Mixed Success
In August 2018, AG 18 LLC (d/b/a Arrow Gaming) filed suit against DraftKings Inc., asserting five patents generally related to networked gaming. That same month, DraftKings challenged each of the asserted patents in IPRs. The IPRs were instituted in March, 2023 and the District Court granted a motion to stay the district court proceeding pending the outcome of those IPRs in April, 2023. This week, the PTAB issued final written decisions in the IPRs. While DraftKings was successful in cancelling at least some challenged claims in all of the IPRs, the PTAB did confirm patentability of some claims in two of those final written decisions.
Malikie Innovations [Key Patent Innovations Limited] Asserts Former BlackBerry Patents
Malikie Innovations Ltd [associated with the Irish-based company, Key Patent Innovations Limited] launched a new campaign this week asserting varying combinations of five patents against Acer Inc. and ASUSTeK Computer Inc. Three patents were asserted against both Acer and ASUSTeK, relating to “user interface using object selection and gestures” (e.g., touchscreen control based on touch-based gestures), “video coding for MPEG and H.264,” and “configuring cable lines to provide data and power.” While one patent, relating to a “battery charger for portable devices,” was asserted against only Acer and another patent, relating to a “rechargeable battery pack,” was asserted against only ASUSTeK.
The asserted patents are former BlackBerry patents, which, according to Malikie’s website, were assigned to Malikie by BlackBerry Limited along with over 30,000 additional patents in March, 2023 for up to $900 million (the deal rumored to have been fully funded by Centerbridge). This marks the first lawsuit asserting the patents from this assignment.
Pointwise Ventures LLC Aims for Numerous Targets
Pointwise Ventures LLC has filed nine lawsuits this week in a new campaign, asserting a single, former Seiko Epson Corp, patent generally related to adaptable motor control technology. Defendants include Microsoft Corporation, IKEA North America Services, Glority Global Group Limited, Roadget Business Pte. Ltd., Samsung Electronics America, Syte Visual Conception, Blippar Ltd., Farfetch UK Limited, and Alibaba Group Holding Limited. The lawsuits target provision of visual search functionality offered by Defendants’ websites, such as Microsoft Bing Visual Search, and Samsung’s Bixby Vision.
According to the assignment history, the patent was transferred from Seiko Epson Corp. to Godo Kaisha IP Bridge 1 (a wholly-owned subsidiary of Japan’s IP Bridge, Inc.) in 2016. Godo Kaisha transferred the patent to Parkside IP LLC in 2020, but subsequent transfers (including to Pointwise) are not reflected in the assignment history.
Links to the cases discussed above and more are available in the Weekly UP, which can be found here.
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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]
