Intelectual Property (IP)

New and Existing Financial Services NPE Campaigns Dominate a Down Week; Alternative Investment Hedge Fund Sues Chinese Companies in Own Name; Intel and Samsung Clash on Semiconductors

Patent filings continue to be slightly depressed in the district courts and at the Patent Trial and Appeal Board (PTAB) compared to the highs of last year, with 17 new PTAB cases and 38 new district court filings. New filings consist primarily of a few apparently funded cases—a Fortress entity, for instance, sued Amazon, and a Taiwanese entity with no Internet presence has sued Apple and Samsung on wireless charging patents, with some new Jeff Gross entity filings, a slew of Dynapass filings, and some other banking campaigns picking up steam; at the Board, most of the fillings revolved around existing campaigns Robocast and Daedalus Prime, as detailed below. Ericsson continued with challenging some Phillips patents; and there’s even a funder, Element Capital, who has been hit by inter partes reviews (IPRs) after suing in their own name (via a Singapore subsidiary, against Chinese subsidiaries of other companies, including Motorola).

Meta Faces the Music: A patent infringement case brought by walkie-talkie maker Voxer against Meta has finally concluded after appeal, with the Austin court—Judge Yeakel, presiding—closing the case after an unsuccessful appeal by Meta. The final judgment is reported at $174.5 million, and the trial and complaint detailed a long series of meetings and negotiations between the parties prior to the dispute.

“Alternative Investment” Hedge Fund Sues Chinese Subs Via Singapore Entity:  While the case itself isn’t brand new, the Chinese subsidiaries of Motorola and BOE Technology Group have filed IPRs against patents asserted against them in U.S. Courts, on U.S. patents. It’s rare for litigation investment entities to sue in their own name, but Element Capital, which appears to be based in New York but is suing through a Singaporean subsidiary, bills itself as a hedge fund specializing in “alternative investments,” similar to Tecumseh or other smaller players taking riskier bets. The three patents at play concern screen displays (more precisely, “electro-optical devices that include an active-matrix substrate to be implemented in a display”). The IPR filed this week is IPR2023-00605, against U.S. Patent 7,259,736.

Intel-Derived Portfolio and Samsung Clash Over Semiconductors: The Ed Gomez-led Daedalus Prime entity received another IPR against the semiconductor patents (originating from Intel) being asserted in the International Trade Commission (ITC) and district court.  The battle looks like a proxy war between the long-existing U.S. chip manufacturer and the Korean giant, who has been spinning up their own semiconductor business for years. The IPR is 2023-00536, on U.S. Patent 10,700,178

In other news, Lego was pulled into Equitable IP’s Communication Interface Technologies three-patent suit; single-patent suits were filed by Adnexus Incorporated against Ebay, Microsoft, Meta, Amazon, and Google for a targeted online advertisement patent, U.S. 8,719,101, which, fittingly, looks pretty abstract on its face.

                            PTAB (17)

Case Number Action Owner Petitioner Patent
IPR2023-00609 Filed Genzyme Corporation [Sanofi] Novartis Gene Therapies, Inc
Novartis Pharmaceuticals Corp.
9051542
IPR2023-00605 Filed Element Capital Commercial Co Pte Ltd BOE Technology Group Co., Ltd
Beijing BOE Display Technology Co., Ltd
Motorola (Wuhan) Mobility Technologies Communication Co., Ltd.
7259736
IPR2023-00604 Filed Medy-Tox, Inc. Hugel, Inc. 11331598
IPR2023-00587 Filed Ningde Amperex Technology Ltd. Zhuhai Cosmx Battery Co, Ltd. 10964987
IPR2023-00525 Filed Koninklijke KPN N.V. Ericsson Inc 10924500
IPR2023-00621 Filed Dodots Licensing Solutions LLC [Strategic Intellectual Solutions, LLC] Samsung Electronics Co., Ltd. 8020083
IPR2023-00608 Filed Genzyme Corporation [Sanofi] Novartis Gene Therapies, Inc
Novartis Pharmaceuticals Corp.
9051542
IPR2023-00590 Filed Robocast, Inc. Google LLC
YouTube, LLC
7155451
IPR2023-00592 Filed Robocast, Inc. Google LLC
YouTube, LLC
8965932
IPR2023-00586 Filed Ningde Amperex Technology Ltd. Zhuhai Cosmx Battery Co, Ltd. 10833363
IPR2023-00594 Filed Robocast, Inc. Google LLC
YouTube, LLC
8606819
IPR2023-00628 Filed Videolabs, Inc. Netflix, Inc. 7233790
IPR2023-00536 Filed Daedalus Prime LLC [Daedalus Group LLC] Samsung Electronics Co., Ltd. 10700178
IPR2023-00589 Filed Cargill, Inc Vantage Specialty Chemicals, Inc. 11248245
IPR2023-00625 Filed Painteq, LLC Orthocision, Inc. 11020129
IPR2023-00591 Filed Robocast, Inc. Google LLC
YouTube, LLC
7155451
IPR2023-00593 Filed Robocast, Inc. Google LLC
YouTube, LLC
8965932
IPR2022-01377 Instituted Lone Star SCM Systems, Ltd. [Incucomm Holdings Management, LLC] Zebra Technologies Corporation 10482293
IPR2022-01375 Instituted Lone Star SCM Systems, Ltd. [Incucomm Holdings Management, LLC] Zebra Technologies Corporation 9646182
IPR2022-01373 Instituted Globaltech Corporation Pty Ltd. REFLEX USA LLC 9540924
IPR2022-01283 Instituted Ramot at Tel Aviv University Ltd [Tel Aviv University] Cisco Systems, Inc. 11342998
IPR2022-01348 Instituted Maxell, Ltd. Motorola Mobility LLC 8170394
IPR2022-01374 Instituted Lone Star SCM Systems, Ltd. [Incucomm Holdings Management, LLC] Zebra Technologies Corporation 7557711
IPR2022-01376 Instituted Lone Star SCM Systems, Ltd. [Incucomm Holdings Management, LLC] Zebra Technologies Corporation 9996717
IPR2020-01234 Final Written Decision Big Beings USA Ltd [Big Beings USA Pty Ltd.] Nested Bean, Inc 9179711
IPR2021-01406 Final Written Decision LB Online & Export Pty Ltd d/b/a Love to Dream Online and Exports Roku, Inc.
VIZIO, Inc.
6411941
IPR2022-00230 Settlement Ancora Technologies, Inc Unified Patents, LLC 9300723
IPR2021-01438 Settlement Proxense, LLC Samsung Electronics America, Inc. 9049188
IPR2021-01439 Settlement Proxense, LLC Samsung Electronics America, Inc. 9235700

                        District Court (38)

Jonathan Stroud image

Jonathan Stroud

Jonathan Stroud is General Counsel at Unified Patents, LLC, where he manages a growing team of talented, diverse attorneys and oversees a docket of administrative challenges, appeals, licensing, pooling, and […see more]

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