February saw a slight uptick in NPE activity, although it remained light presumably as everyone waited for the Supreme Court to decide Oil States. Frequent filers included Codec Technologies, Epic IP, Location Based Services, Spider Search Analytics, and Tangelo IP.
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 your suggestions for improving the report.
Epic IP LLC v. Fareportal Inc. (S.D.N.Y.) (multiple cases).
Claim: Infringement
Defendants:
- Fareportal Inc.
- JAND, Inc.
- Sharp Electronics Corporation
Plaintiff: Epic IP LLC
Pls. Cnsl: Direction IP Law; and Zimmerman Law Group
Patent: 6,434,599 (Method and apparatus for on-line chatting).
Intellectual Tech LLC v. Sendum Wireless Corporation (E.D. Tex.).
Judge: District Judge Rodney Gilstrap
Claim: Infringement
Defendant: Sendum Wireless Corporation
Plaintiff: Intellectual Tech LLC
Pls. Cnsl: Klemchuk
Patent: 7,791,455 (Method and apparatus for autonomous detection of a given location or situation).
Spider Search Analytics LLC v. Sephora USA, Inc. (E.D. Tex.; N.D.Tex.) (multiple cases).
Judges: Magistrate Judge K. Nicole Mitchell; District Judge Robert W. Schroeder, III; District Judge Sam R. Cummings
Claim: Infringement
Defendants:
- Sephora USA, Inc.
- adidas America, Inc.
- The Home Depot, Inc.
- Staples, Inc.
- LVMH Watch & Jewelry USA Inc.
Plaintiff: Spider Search Analytics LLC , Inc. d/b/a TAG Heuer
Pls. Cnsl: Chaudhari Law; and Ferraiuoli
Patent: 7,454,430 (System and method for facts extraction and domain knowledge repository creation from unstructured and semi-structured documents).
Proximity Sensors of Texas, LLC v. Apple Inc. (E.D. Tex.).
Judges: District Judge Rodney Gilstrap; Magistrate Judge John D. Love
Claim: Infringement
Defendant: Apple Inc.
Plaintiff: Proximity Sensors of Texas, LLC
Pls. Cnsl: Nelson Bumgardner
Patent: 7,050,043 (Optical apparatus).
WhitServe LLC v. Donuts Inc. (D. Del.) (multiple cases).
Claim: Infringement
Defendants:
- Donuts Inc.
- Name.com, Inc.
- eNom, LLC
Plaintiff: WhitServe LLC
Pls. Cnsl: Stamoulis & Weinblatt
Patents: 5,895,468 (System automating delivery of professional services); and 6,182,078 (System for delivering professional services over the internet).
Amazon.com, Inc. et al. v. Personal Web Technologies, LLC et al. (N.D. Cal.).
Claim: Declaratory Judgment
Defendants:
- Level 3 Communications, LLC
- PersonalWeb Technologies, LLC
Plaintiffs:
- Amazon.com, Inc.
- Amazon Web Services, Inc.
Pls. Cnsl: Fenwick & West
Patents: 5,978,791 (Data processing system using substantially unique identifiers to identify data items, whereby identical data items have the same identifiers); 6,928,442 (Enforcement and policing of licensed content using content-based identifiers); 7,802,310 (Controlling access to data in a data processing system); 7,945,544 (Similarity-based access control of data in a data processing system); and 8,099,420 (Accessing data in a data processing system).
Mesa Digital LLC v. Amazon.com, Inc. (N.D. Ill.) (multiple cases).
Judges: District Judge John Z. Lee; District Judge Thomas M. Durkin; District Judge Manish S. Shah; District Judge Edmond E. Chang
Claim: Infringement
Defendants:
- Amazon.com, Inc.
- BlackBerry Corporation
- Lenovo (United States) Inc.
- Sony Corporation of America
Plaintiff: Mesa Digital LLC
Pls. Cnsl: Rabicoff Law
Patents: 9,031,537 (Electronic wireless hand held multimedia device); and 9,646,444 (Electronic wireless hand held multimedia device).
Codec Technologies LLC v. Cinemark USA, Inc. (E.D. Tex.; S.D. Tex.) (multiple cases).
Judge: District Judge Rodney Gilstrap
Claim: Infringement
Defendants:
- Cinemark USA, Inc.
- Texas Instruments Incorporated
- Mattel, Inc.
Plaintiff: Codec Technologies LLC
Pls. Cnsl: Chaudhari Law
Patent: 6,825,780 (Multiple codec-imager system and method).
Optimize Technology Solutions, LLC v. Performance Inc. d/b/a Performance Bicycle Shop (E.D. Tex.).
Judge: District Judge Rodney Gilstrap
Claim: Infringement
Defendant: Performance Inc. d/b/a Performance Bicycle Shop
Plaintiff: Optimize Technology Solutions, LLC
Pls. Cnsl: Sprinkle IP Law Group; and Toler Law Group
Patent: 6,330,592 (Method, memory, product, and code for displaying pre-customized content associated with visitor data).
Spycurity LLC v. Dialogic Inc. (D. Del.) (multiple cases).
Claim: Infringement
Defendants:
- Dialogic Inc.
- Edgewater Networks, Inc.
- Genband US LLC
- KVH Industries, Inc.
Plaintiff: Spycurity LLC
Pls. Cnsl: Rabicoff Law; and Stamoulis & Weinblatt
Patent: 5,809,118 (System and method for triggering actions at a host computer by telephone).
Location Based Services, LLC v. Sony Electronics Inc. (D. Del.)
Claim: Infringement
Defendants:
- Sony Electronics Inc.
- Cobra Electronics Corporation
Plaintiff: Location Based Services, LLC
Pls. Cnsl: Bayard; and Ni Wang & Massand
Patent: 8,311,733 (Interactive key frame image mapping system and method).
Tangelo IP, LLC v. Arbonne International, LLC (D. Del.; S.D.N.Y.) (multiple cases).
Claim: Infringement
Defendants:
- Arbonne International, LLC
- Houdini Inc.
- Hammacher Schlemmer & Company, Inc.
Plaintiff: Tangelo IP, LLC
Pls. Cnsl: Stamoulis & Weinblatt
Patent: 8,429,005 (Method for determining effectiveness of display of objects in advertising images).