NPE activity saw an uncharacteristic increase in August,* a month that is usually sleepy presumably as people take family vacations and enjoy the summer. Frequent filers included AuthWallet, Bassfield IP, Cedar Lane Technologies, eCeipt, Innovaport, Lexos IP, Locket IP, Mallard IP, and Tranquility 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.
* Note I am catching up on a backlog because of some very busy IP litigation over the last year or so.
Alto Dynamics, LLC v. Wayfair LLC (W.D. Tex.).
Claims: Infringement
Defendant: Wayfair LLC
Plaintiff: Alto Dynamics, LLC
Pls. Cnsl: Rozier Hardt McDonough
Patents: 6,604,100 (Method for converting relational data into a structured document); 7,152,018 (System and method for monitoring usage patterns); 7,392,160 (System and method for monitoring usage patterns); 7,657,531 (Systems and methods for state-less authentication); 8,051,098 (Systems and methods for state-less authentication); RE46,513 (Systems and methods for state-less authentication)
AuthWallet, LLC v. Omni Hotels Management Corporation (N.D. Tex., S. D. Tex.).
Judges: District Judge Brantley Starr; District Judge Sam A. Lindsay
Claims: Infringement
Defendants:
- Omni Hotels Management Corporation
- Hotels.com, LP
- Small Luxury Hotels of the World Management, Inc.
Plaintiff: AuthWallet, LLC
Pls. Cnsl: Ramey LLP
Patent: 8,099,368 (Intermediary service and method for processing financial transaction data with mobile device confirmation)
Avayla Licensing LLC v. Lifesize, Inc. (W.D. Tex.).
Claims: Infringement
Defendant: Lifesize, Inc.
Plaintiff: Avayla Licensing LLC
Pls. Cnsl: The Mort Law Firm; McArthur Law
Patent: 9,253,445 (Terminal multipoint control unit, system and method for implementing high definition multiple pictures)
Bassfield IP LLC v. Jimmy Johns Franchisor SPV, LLC (multiple cases) (W.D. Tex.).
Judges: District Judge Robert Pitman; District Judge Kathleen Cardone; District Judge Fred Biery; District Judge Jason K. Pulliam
Claims: Infringement
Defendants:
- Jimmy Johns Franchisor SPV, LLC
- Paradies Lagardere @ AUS, LLC
- Satellite Industries, Inc.
- Success Foods Management Group, LLC
Plaintiff: Bassfield IP LLC
Pls. Cnsl: Direction IP Law
Patent: 6,641,053 (Foreground/background document processing with dataglyphs)
eCeipt LLC v. Sams Club Texas LLC (W.D. Tex.).
Judge: District Judge Lee Yeakel
Claims: Infringement
Defendant: Sams Club Texas LLC
Plaintiff: eCeipt LLC
Pls. Cnsl: The Mort Law Firm
Patent: 8,643,875 (Receipt handling systems, print drivers and methods thereof)
Hitel Technologies LLC v. Perry Ellis Menswear, LLC d/b/a OriginalPenguin.com (W.D. Tex.).
Claims: Infringement
Defendant: Perry Ellis Menswear, LLC d/b/a OriginalPenguin.com
Plaintiff: Hitel Technologies LLC
Pls. Cnsl: The Mort Law Firm
Patent: 7,689,617 (Dynamic learning for navigation systems)
iFixit Corporation v. Locket IP LLC (C.D. Cal.).
Claims: Declaratory Judgment
Defendant: Locket IP LLC
Plaintiff: iFixit Corporation
Pls. Cnsl: Offit Kurman
Patent: 10,514,832 (Method for locating regions of interest in a user interface)
Innovaport LLC v. Target Corporation (W.D. Wis.).
Judges: Magistrate Judge Stephen L. Crocker; District Judge William M. Conley
Claims: Infringement
Defendant: Target Corporation
Plaintiff: Innovaport LLC
Pls. Cnsl: Boyle Fredrickson
Patents: 8,775,260 (Apparatus and method for providing product location information to customers in a store); 8,787,933 (Apparatus and method for providing product location information to customers in a store); 9,489,690 (Apparatus and method for providing product location information to customers in a store); 9,990,670 (Apparatus and method for providing product location information to customers in a store)
Lexos Media IP, LLC v. Ulta Beauty, Inc. (E.D. Tex., N.D. Tex., D. Kan.).
Judges: District Judge Rodney Gilstrap; District Judge Sam R. Cummings
Claims: Infringement
Defendants:
- Ulta Beauty, Inc.
- Gap Inc.
- Ace Hardware Corporation
- MSC Industrial Direct Co., Inc.
- Nike, Inc.
- Overstock.com, Inc.
- Wal-Mart.com USA LLC
- Walmart Inc. f/k/a Walmart Stores, Inc.
Plaintiff: Lexos Media IP, LLC
Pls. Cnsl: Buether Joe & Counselors; Fisher Patterson Sayler & Smith; Buether Joe & Counselors
Patents: 5,995,102 Server system and method for modifying a cursor image); 6,118,449 (Server system and method for modifying a cursor image)
Mallard IP LLC v. Advantech Corporation (N.D. Ill.).
Judges: District Judge Rebecca R. Pallmeyer; District Judge Rodney Gilstrap; Magistrate Judge Roy S. Payne
Claims: Infringement
Defendants:
- Advantech Corporation
- Fujitsu America, Inc.
Plaintiff: Mallard IP LLC
Pls. Cnsl: Kent & Risley; Direction IP Law
Patent: 6,603,330 (Configuring digital functions in a digital configurable macro architecture)
Tranquility IP LLC v. NetApp, Inc. (D. Colo., N.D. Ill.)
Judges: Magistrate Judge N. Reid Neureiter; District Judge Charles R. Norgle, Sr.; District Judge Edmond E. Chang
Claims: Infringement
Defendants:
- NetApp, Inc.
- Cambium Networks, Inc.
- HMS Industrial Networks, Inc.
Plaintiff: Tranquility IP LLC
Pls. Cnsl: Direction IP Law
Patent: 8,272,037 (Flexible WLAN access point architecture capable of accommodating different user devices)