March continued to be a pleasantly slow months for trolls. Repeat filers included Cascades Branding, Eclipse IP, Hawk Technology, Marshall Feature Recognition, and SFA Systems.
As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history.
Finally, please let me know if you have thoughts about the report or changes you would like to see. I am preparing it as a service for retailers and their supply chain who may want an overview of the patent litigation landscape. So, I am very open to ways to improve the report for you.
Hawk Technology Systems, LLC v. United Supermarkets LLC, (E.D. Tex., S.D. Fla.) (multiple cases).
Judge: District Judge Jose E. Martinez
Claim: Infringement
Defendants:
- United Supermarkets LLC
- The Old Evangeline Downs, LLC
- Columbia Sportswear USA Corporation
Plaintiff: Hawk Technology Systems, LLC
Pls. Cnsl: Law Office of Everett Upshaw
Patent: RE 43,462 (Video monitoring and conferencing system).
Plaintiff: Hawk Technology Systems, LLC
Pls. Cnsl: Law Office of Everett Upshaw; and Lipscomb Eisenberg & Baker
Marshall Feature Recognition, LLC v. Anheuser-Busch Companies, Inc.(E.D. Tex.) (multiple cases).
Judges: District Judge Rodney Gilstrap; Magistrate Judge Roy S. Payne
Claim: Infringement
Defendants:
- CVS Caremark Corporation
- HJ Heinz Company
- Target Corporation
- Toni&Guy USA, LLC
- Wm. Wrigley Jr. Company
- ValPak Direct Marketing Systems, Inc.
Plaintiff: Marshall Feature Recognition, LLC
Pls. Cnsl: Austin Hansley
Patent: 6,886,750 (Method and apparatus for accessing electronic data via a familiar printed medium).
Plaintiff: Marshall Feature Recognition, LLC
Pls. Cnsl: Austin Hansley
Patent: 6,886,750 (Method and apparatus for accessing electronic data via a familiar printed medium).
Eclipse IP LLC v. Safeway Inc., (C.D. Cal., E.D. Cal.) (multiple cases).
Judges: District Judge Virginia M. Kendall; Magistrate Judge Stanley A. Boone; District Judge Lawrence J. O’Neill
Claim: Infringement
Defendants:
- Safeway Inc.
- Hailo Network USA, Inc.
- Tri Starr Management Services, Inc.
- Pacific Gas and Electric Company
Plaintiff: Eclipse IP, LLC
Pls. Cnsl: Newport Trial Group; Howard & Howard
Patents: 8,232,899 (Notification systems and methods enabling selection of arrival or departure times of tracked mobile things in relation to locations); 8,531,317 (Notification systems and methods enabling selection of arrival or departure times of tracked mobile things in relation to locations); 7,064,681(Response systems and methods for notification systems); 7,479,901 (Mobile thing determination systems and methods based upon user-device location); 7,538,691 (Mobile thing determination systems and methods based upon user-device location); 7,479,899 (Notification systems and methods enabling a response to cause connection between a notified PCD and a delivery or pickup representative); 7,482,952 (Response systems and methods for notification systems for modifying future notifications); 7,876,239 (Secure notification messaging systems and methods using authentication indicia); 7,113,110 (Stop list generation systems and methods based upon tracked PCD’s and responses from notified PCD’s)’ 7,479,900 (Notification systems and methods that consider traffic flow predicament data); 7,561,069 (Notification systems and methods enabling a response to change particulars of delivery or pickup).
Con-way, Inc. v. Eclipse IP, LLC, (E.D. Mich.).
Judges: District Judge Terrence G. Berg; Magistrate Judge R. Steven Whalen
Claim: Declaratory Judgment
Defendant: Eclipse IP, LLC
Plaintiff: Con-way, Inc.
Pls. Cnsl: Honigman Miller Schwartz and Cohn
Patents: 7,479,899 (Notification systems and methods enabling a response to cause connection between a notified PCD and a delivery or pickup representative); 7876239 Secure notification messaging systems and methods using authentication indicia
Microsoft Corporation v. Neomedia Technologies, Inc. (W.D. Wash.).
Claim: Declaratory Judgment
Defendant: NeoMedia Technologies, Inc.
Plaintiff: Microsoft Corporation
Pls. Cnsl: Perkins Coie
Patent: 8,131,597 (System and method for using an ordinary article of commerce to access a remote computer).
Starbucks Corporation v. NeoMedia Technologies, Inc., (W.D. Wash.).
Claim: Declaratory Judgment
Defendant: NeoMedia Technologies, Inc.
Plaintiff: Starbucks Corporation
Pls. Cnsl: Perkins Coie
Patent: 8,131,597 (System and method for using an ordinary article of commerce to access a remote computer).
Cascades Branding Innovation LLC v. Marriott International Inc., (N.D. Ill.) (multiple cases).
Judge: District Judge James B. Zagel; District Judge Matthew F. Kennelly
Claim: Infringement
Defendants:
- Marriott International Inc.
- Michelin North America, Inc.
- Starwood Hotels & Resorts Worldwide, Inc.
Plaintiff: Cascades Branding Innovation LLC
Pls. Cnsl: Flachsbart & Greenspoon
Patents: 7,768,395 (Brand mapping); 8,106,766 (Brand mapping); and 8,405,504 (Brand mapping).
eDekka LLC v. American Girl Brands, LLC (E.D. Tex.) (multiple cases).
Judge: District Judge Rodney Gilstrap; Magistrate Judge Roy S. Payne
Claim: Infringement
Defendants:
- CafePress Inc
- Eddie Bauer LLC
- OmahaSteaks.com, Inc.
- The Swiss Colony, LLC
- Tiffany & Co.
- Appleseeds, Inc.
- Art.com Inc.
- Coastal Contacts Inc.
- Coldwater Creek, Inc.
- Karmaloop LLC
- Lululemon Athletica Inc.
- One Kings Lane Inc.
- Safeway Inc.
- Zazzle Inc.
Plaintiff: eDekka LLC
Pls. Cnsl: Tadlock Law Firm
Patent: 6,266,674 (Random access information retrieval utilizing user-defined labels).