The Illinois State Bar Association (ISBA) has launched Illinois Lawyer Now a legal blog aggregator that provides ISBA news combined with aggregating blog posts from ISBA members. As someone who for years kept and updated a list of regional IP blogs, I am interested to see how ISBA’s new aggregator works. ISBA, partnering with LexBlog (who built and maintains my blogs) plans to offer the best legal content from lawyers across Illinois. It should be a great asset for anyone doing business in or living in Illinois. I look forward for great things to come from ISBA and Illinois Lawyer Now.
Seeking Questions for PTO Director Iancu
I am honored to announce that I will be interviewing U.S. Patent & Trademark Office Director Andrei Iancu at the kickoff session of this year’s Rocky Mountain IP Institute in Denver, Colorado. First, I invite you to join me – register here. I have attended and spoken at the Institute for years and firmly believe that it is one of the best, if not the best IP conference in the country. Second, while there is a lot that I want to ask Director Iancu, I would love to get your thoughts on what I should ask. I am not promising I will ask every question you have. But I firmly believe collaboration and diversity build better results. So, I invite your thoughts. Please reply with questions or send them to me, if you would prefer.
Patent Reform: New Bipartisan Framework for Section 101 Eligibility Introduced in Congress
Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.), along with Reps. Doug Collins (R-Ga.), Hank Johnson (D-Ga.), and Steve Stivers (R-Ohio), have unveiled a bipartisan and bicameral framework on Section 101 patent reform. The framework, released last week, is short – only one page – but the intent is clear: temper the Section 101-based rejections and invalidations that have skyrocketed since the Supreme Court’s 2014 Alice decision.
For instance, the framework would define an exclusive set of categories of statutory subject matter that alone should not be eligible for patent protection, and “statutorily abrogate judicially created exceptions to patent eligible subject matter.” The framework would also “create a ‘practical application’ test to ensure that the statutorily ineligible subject matter is construed narrowly.”
Sen. Coons emphasized the framework’s intent, saying in a press release: “Today, U.S. patent law discourages innovation in some of the most critical areas of technology, including artificial intelligence, medical diagnostics, and personalized medicine … I look forward to continuing to receive feedback as we craft a legislative solution that encourages innovation.”
Rep. Stivers echoed that sentiment: “We have the opportunity to advance our society in so many exciting and unknown ways, and we need to ensure we have a patent system that encourages that kind of game-changing innovation, instead of stifling it.”[1]
Conclusion and Next Steps
Big tech, pharmaceutical companies, trial lawyers and intellectual property owners will surely be paying attention to the framework’s progress, but it is unclear how quickly it will move forward – or whether it will move at all. The next step for the legislation would be to turn the current framework into full legislative text. Once the legislation is formally introduced, it would have to survive markups in both the House and Senate Judiciary Committees as well as votes by the full House and Senate.
Reforms to patent eligibility will garner significant interest, and its ultimate enactment will require its sponsors to make its enactment a priority before the politics surrounding the 2020 presidential election take over next year. This particular proposal has the benefit of bipartisan support from leaders on the House and Senate Judiciary Committee that give it real potential for enactment. Interested stakeholders are encouraged to engage with Congress as early as possible to let their voices be heard.
[1] The statements by Sen. Coons and Rep. Stivers, as well as the framework’s language, are in this press release: “Sens. Coons and Tillis and Reps. Collins, Johnson, and Stivers Release Section 101 Patent Reform Framework,” April 17, 2019.
CLE – Patent Infringement Letters: New Considerations & Best Practices for Sending & Receiving Demand Letters
In light of new case law and an uptick in patent filings, and in particular cease & desist letters, I am presenting a Strafford live webinar titled, “Patent Infringement Letters: New Considerations and Best Practices for Senders and Recipients.” The program is being held on Thursday, May 16, from 12:00pm-1:30pm CT. If you follow the link in the prior sentence to register, you will receive a 50% discount on the program as a loyal blog reader.
My co-panelist is Nathan Burnette of Stoel Rives. We will discuss patent demand / licensing letters from both sides, providing strategies both for preparing them and responding to them, or not responding depending upon the circumstances. The presentation will conclude with a live Q&A session to make sure we address your particular issues.
If you have questions ahead of the program or thoughts on what should be addressed, please contact me via the blog or email.
February 2019 Retail Patent Litigation Report
February patent filings continued relatively steadily from January. Frequent filers included Coding Technologies, eCeipt, Internet Media Interactive, and Landmark Technology.
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.
eCeipt LLC v. HomeGoods, Inc. (W.D. Tex.).
Judge: District Judge Alan D. Albright
Claim: Infringement
Defendant: HomeGoods, Inc.
Plaintiff: eCeipt LLC
Pls. Cnsl: The Mort Law Firm
Patent: 8,643,875 (Receipt handling systems, print drivers and methods thereof)
Lone Star Targeted Advertising, LLC v. Point It!, Inc. (W.D. Wash.).
Claim: Infringement
Defendant: Point It!, Inc.
Plaintiff: Lone Star Targeted Advertising, LLC
Pls. Cnsl: Banie & Ishimoto
Patent: 6,301,619 (System and method for providing service of sending real time electronic information to selected individual viewers of transmitted video or computerized signals)
Landmark Technology A, LLC v. US SafetyGear, Inc. (N.D. Ohio).
Judge: District Judge Benita Y. Pearson
Claim: Infringement
Defendant: US SafetyGear, Inc.
Plaintiff: Landmark Technology A, LLC
Pls. Cnsl: Sand Sebolt & Wernow; Banie & Ishimoto
Patent: 7,010,508 (Automated multimedia data processing network)
Internet Media Interactive Corp. v. PetMed Express, Inc. (S.D. Fla.).
Judges: District Judge Beth Bloom; Magistrate Judge Bruce E. Reinhart; Judge John J. Tharp, Jr.
Claim: Infringement
Defendants:
- PetMed Express, Inc.
- Pier 1 Imports (US), Inc.
Plaintiff: Internet Media Interactive Corp.
Pls. Cnsl: Haller Law
Patent: 6,049,835 (System for providing easy access to the World Wide Web utilizing a published list of preselected Internet locations together with their unique multi-digit jump codes)
Geographic Location Innovations LLC v. Michaels Stores, Inc. (N.D. Tex.; N.D. Ill.) (multiple cases).
Judge: District Judge Jane J. Boyle; District Judge Virginia M. Kendall; District Judge Ruben Castillo
Claim: Infringement
Defendants:
- Michaels Stores, Inc.
- True Value Company
- ECHO, Inc.
Plaintiff: Geographic Location Innovations LLC
Pls. Cnsl: Kizzia Johnson; Rabicoff Law
Patent: 7,917,285 (Device, system and method for remotely entering, storing and sharing addresses for a positional information device)
Coding Technologies, LLC v. Visible Changes Inc. (E.D. Tex.; S.D. Tex.; N.D. Tex.) (multiple cases).
Judges: District Judge Rodney Gilstrap; District Judge Ed Kinkeade
Claim: Infringement
Defendants:
- Visible Changes Inc.
- Cargill, Incorporated
- RectorSeal Corporation
Plaintiff: Coding Technologies, LLC
Pls. Cnsl: Kizzia Johnson
Patent: 8,540,159 (Method for providing mobile service using code-pattern)
Aeritas, LLC v. Chick-Fil-A, Inc. et al. (E.D. Tex.).
Claim: Infringement
Defendants:
- CFA Properties, Inc.
- CFA Servco, Inc.
- Chick-fil-A, Inc.
Plaintiff: Aeritas, LLC
Pls. Cnsl: The Mort Law Firm
Patents: 7,706,819 (Mixed-mode interaction); 8,055,285 (Mixed-mode interaction); 9,390,435 (Mixed-mode interaction); 9,888,107 (Mixed-mode interaction)
Vindolor, LLC v. Lululemon Athletica, Inc., et al. (W.D. Tex.).
Claims: Infringement
Defendants:
- Lululemon Athletica, Inc.
- Macy’s, Inc.
- Best Buy Co., Inc.
Plaintiff: Vindolor, LLC
Pls. Cnsl: The Mort Law Firm
Patent: 6,213,391 (Portable system for personal identification based upon distinctive characteristics of the user)
Digital Retail Apps, Inc. v. HEB Grocery Company, LP (W.D. Tex.).
Claims: Infringement
Defendant: HEB Grocery Company, LP
Plaintiff: Digital Retail Apps, Inc.
Pls. Cnsl: Sheridan Ross; Toler Law Group
Patents: 9,262,781 (System and method for facilitating secure self payment transactions of retail goods); 9,934,506 (System and method for facilitating secure self payment transactions of retail goods)
January 2019 Retail Patent Litigation Report
As they do most years, patent filings increased after a slow holiday / year-end season as NPEs returned to work. Frequent filers included Anuwave, Coding Technology, Flectere, Hawk Technologies, Internet Media Interactive, Secure Cam, Soundview Innovations, and Uniloc.
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.
Hawk Technology Systems, LLC v. Whitesboro Independent School District (E.D. Tex.).
Judge: District Judge Rodney Gilstrap
Claim: Infringement
Defendant: Whitesboro Independent School District
Plaintiff: Hawk Technology Systems, LLC
Pls. Cnsl: Kizzia Johnson
Patent: RE43462 (Video monitoring and conferencing system)
Coding Technologies, LLC v. Hyland’s, Inc., et al. (C.D. Cal.; N.D. Cal.; S.D.N.Y; S.D. Cal.; E.D. Cal.) (multiple cases).
Judges: Magistrate Judge Elizabeth D. Laporte; Magistrate Judge Susan van Keulen; Magistrate Judge Jacqueline Scott Corley; District Judge Gonzalo P. Curiel; Magistrate Judge Linda Lopez; District Judge Troy L. Nunley; Judge Deborah Barnes
Claim: Infringement
Defendants:
- Hyland’s, Inc.
- TP-Link USA Corporation
- Delta Electronics (Americas) Ltd.
- Driscoll’s Inc.
- Iconix Ecom, LLC d/b/a Ocean Pacific
- Apogee Electronics Corporation
- Brighton Collectibles, Inc.
- Zego Inc.
- Carbon2Cobalt
- JLab, LLC
- Blue Diamond Almond Growers
Plaintiff: Coding Technologies, LLC
Pls. Cnsl: Watson LLP
Patent: 8,540,159 (Method for providing mobile service using code-pattern)
Internet Media Interactive Corp. v. Morgan Stanley (S.D.N.Y.).
Claim: Infringement
Defendant: Morgan Stanley
Plaintiff: Internet Media Interactive Corp.
Pls. Cnsl: Niro Scavone Haller & Niro
Patent: 6,049,835 (System for providing easy access to the World Wide Web utilizing a published list of preselected Internet locations together with their unique multi-digit jump codes)
OHVA, Inc. v. PayStand Inc., et al. (D. Del.).
Claim: Infringement
Defendants:
- PayStand Inc.
- Unified Payments, LLC
Plaintiff: OHVA, Inc.
Pls. Cnsl: Devlin Law Firm; Rabicoff Law
Patent: 9,679,286 (Methods and apparatus for enabling secure network-based transactions)
Secure Cam, LLC v. Arecont Vision, LLC (D. Del.; N.D. Cal.) (multiple cases).
Judge: Magistrate Judge Laurel Beeler
Claim: Infringement
Defendants:
- Arecont Vision, LLC
- Vivotek USA, Inc.
Plaintiff: Secure Cam, LLC
Pls. Cnsl: O’Kelly Ernst & Joyce; Brandt Law Firm; Brandt Law Firm; Law Offices of Nicholas Ranallo
Patent: 6,698,021 (System and method for remote control of surveillance devices)
Flectere LLC v. Costco Wholesale Corporation, et al. (E.D. Tex.) (multiple cases).
Judge: District Judge Rodney Gilstrap
Claim: Infringement
Defendants:
- Costco Wholesale Corporation
- FedEx Corporation
- Target Corporation
- United Parcel Service, Inc.
Plaintiff: Flectere LLC
Pls. Cnsl: Rabicoff Law
Patents: 6,272,506 (Computerized verification form processing system and method); 6,401,094 (System and method for presenting information in accordance with user preference)
Sound View Innovations, LLC v. AMC Networks, Inc. et al. (D. Del.) (multiple cases).
Claim: Infringement
Defendants:
- AMC Networks, Inc.
- AMC Premiere LLC
- Digital Store LLC
- IFC in Theaters LLC
- IFC TV LLC
- Shudder LLC
- SundanceTV LLC
- WE tv LLC
- CBS Corporation
- CBS Interactive Inc.
- CBS News Inc.
- CBS Sports Inc.
- Showtime Digital, Inc.
- Showtime Networks Inc.
- CW Network LLC
- HSN, Inc.
- QVC, Inc.
Plaintiff: Sound View Innovations, LLC
Pls. Cnsl: Desmarais; Phillips Goldman McLaughlin & Hall
Patents: 5,806,062 (Data analysis system using virtual databases); 6,708,213 (Method for streaming multimedia information over public networks); 6,757,796 (Method and system for caching streaming live broadcasts transmitted over a network); 9,462,074 (Method and system for caching streaming multimedia on the internet); 6,125,371 (System and method for aging versions of data in a main memory database); 6,502,133 (Real-time event processing system with analysis engine using recovery information)
Uniloc 2017 LLC v. Bitmovin, Inc., et al. (D. Del.). (multiple cases).
Claim: Infringement
Defendants:
- Bitmovin, Inc.
- Brightcove Holdings, Inc.
- Brightcove Inc.
- Dailymotion, Inc.
- Dailymotion SA
- Telestream LLC
- Vudu, Inc.
Plaintiff: Uniloc 2017 LLC
Pls. Cnsl: Farnan; Feinberg Day Alberti Lim & Belloli
Patents: 6,470,345 (Replacement of substrings in file/directory pathnames with numeric tokens); 6,519,005 (Method of concurrent multiple-mode motion estimation for digital video); 6,628,712 9Seamless switching of MPEG video streams); 6,895,118 (Method of coding digital image based on error concealment); 9,721,273 (System and method for aggregating and providing audio and visual presentations via a computer network); 8,407,609 (System and method for providing and tracking the provision of audio and visual presentations via a computer network)
Guada Technologies LLC v. BPS Direct, LLC, et al. (D. Del).
Claim: Infringement
Defendants:
- BPS Direct, LLC
- Hibbett Sporting Goods, Inc.
- Sport Supply Group, Inc.
- Uncommongoods, LLC
- Williams-Sonoma, Inc.
Plaintiff: Guada Technologies LLC
Pls. Cnsl: Direction IP Law; Devlin Law Firm
Patent: 7,231,379 (Navigation in a hierarchical structured transaction processing system)
Anuwave LLC v. Honeywell International Inc. (D. Del.; E.D. Tex.) (multiple cases).
Claim: Infringement
Defendant:
- Honeywell International Inc.
- UVNV, Inc.
- Vanderbilt, LLC
- Entergy Texas, Inc.
Plaintiff: Anuwave LLC
Pls. Cnsl: Sand Sebolt & Wernow; Devlin Law Firm; Ferraiuoli
Patent: 8,295,862 (Method and system to enable communication through SMS communication channel)
December 2018 Retail Patent Litigation Report
December filings stayed low, as the NPEs continued their traditional holiday/year-end quiet period. Frequent filers included NetSoc, Sapphire Crossing, and Uniloc.
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.
Uniloc 2017 LLC v. Netflix, Inc. (C.D. Cal.).
Claims: Infringement
Defendant: Netflix, Inc.
Plaintiff: Uniloc 2017 LLC
Pls. Cnsl: Feinberg Day Alberti Lim & Belloli
Patents: 6,895,118 (Method of coding digital image based on error concealment); 9,721,273 (System and method for aggregating and providing audio and visual presentations via a computer network)
Internet Media Interactive Corp. v. Caesars Entertainment Corp. (D. Del.).
Claims: Infringement
Defendant: Caesars Entertainment Corp.
Plaintiff: Internet Media Interactive Corp.
Pls. Cnsl: O’Kelly Ernst & Joyce; Haller Law
Patent: 6,049,835 (System for providing easy access to the World Wide Web utilizing a published list of preselected Internet locations together with their unique multi-digit jump codes)
OHVA, Inc. v. CardFlight, Inc. (D. Del.).
Claims: Infringement
Defendant: CardFlight, Inc.
Plaintiff: OHVA, Inc.
Pls. Cnsl: Devlin Law Firm; Rabicoff Law
Patent: 9,679,286 (Methods and apparatus for enabling secure network-based transactions)
Sapphire Crossing LLC v. The NPD Group, Inc. (E.D.N.Y).
Claims: Infringement
Defendant: The NPD Group, Inc.
Plaintiff: Sapphire Crossing LLC
Pls. Cnsl: Rabicoff Law; Law Offices of Nicholas Ranallo
Patent: 6,891,633 (Image transfer system)
NetSoc, LLC v. Teladoc Health, Inc., et al. (E.D. Tex.; S.D.N.Y.).
Claims: Infringement
Defendants:
- Teladoc Health, Inc.
- LinkedIn Corporation
- Quora, Inc.
- Yahoo! Inc.
Plaintiff: NetSoc, LLC
Pls. Cnsl: Ramey & Schwaller; Law Office of David J. Hoffman
Patents: 9,978,107 (Method and system for establishing and using a social network to facilitate people in life issues); 7,565,344 (Method and system for establishing and using a social network to facilitate people in life issues)
MV3 Partners LLC v. Kohl’s Corporation, et al. (W.D. Tex.).
Judge: District Judge Alan D. Albright
Claims: Infringement
Defendants:
- Kohl’s Corporation
- Best Buy Co., Inc.
Plaintiff: MV3 Partners LLC
Pls. Cnsl: Kasowitz Benson Torres; Mann Tindel & Thompson; Haley & Olson
Patent: 8,863,223 Mobile set top box
Encoditech LLC v. Bushnell Holdings, Inc., et al. (D. Del.).
Claims: Infringement
Defendants:
- Bushnell Holdings, Inc.
- Dexcom, Inc.
Plaintiff: Encoditech LLC
Pls. Cnsl: Devlin Law Firm; Rabicoff Law
Patent: 6,321,095 (Wireless communications approach)
November 2018 Retail Patent Litigation Report
November filings dropped, as the NPEs settled in for the holidays. Frequent filers included Guada Technologies, Guyzar, Internet Media Interactive, Sapphire Crossing, Symbology Innovations, and Uniloc.
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.
Uniloc 2017 LLC, et al. v. ESPN, Inc., et al. (C.D. Cal.; N.D. Cal.).
Judge: Magistrate Judge Thomas S Hixson
Claims: Infringement
Defendants:
- ESPN, Inc.
- Hulu, LLC
- Box, Inc.
Plaintiffs:
- Uniloc 2017 LLC
- Uniloc Licensing USA LLC
Pls. Cnsl.: Feinberg Day Alberti Lim & Belloli; Prince Lobel Tye
Patents: 6,519,005 (Method of concurrent multiple-mode motion estimation for digital video); 6,895,118 (Method of coding digital image based on error concealment); 9,721,273 (System and method for aggregating and providing audio and visual presentations via a computer network); 6,470,345 (Replacement of substrings in file/directory pathnames with numeric tokens)
Sapphire Crossing LLC v. Groupon, Inc. (N.D. Ill.).
Judge: District Judge Jorge L. Alonso
Claims: Infringement
Defendant: Groupon, Inc.
Plaintiff: Sapphire Crossing LLC
Pls. Cnsl.: Rabicoff Law
Patent: 6,891,633 (Image transfer system)
Confident Technologies, Inc. v. Best Buy Co., Inc. (S.D. Cal.).
Judges: District Judge Larry Alan Burns; Magistrate Judge Linda Lopez
Claims: Infringement
Defendant: Best Buy Co., Inc.
Plaintiff: Confident Technologies, Inc.
Pls. Cnsl.: San Diego IP Law Group
Patent: 8,621,578 (Methods and systems for protecting website forms from automated access)
realZOOM LLC v. Nike, Inc., et al. (E.D. Tex.).
Claims: Infringement
Defendants:
- Nike, Inc.
- Pier 1 Imports (US), Inc.
Plaintiff: realZOOM LLC
Pls. Cnsl.: SML Avvocati PC
Patent: 7,774,712 (Methods and systems for displaying an enlarged image)
Internet Media Interactive Corp. v. Lifeway Foods, Inc. (N.D. Ill.).
Judge: District Judge Charles P. Kocoras
Claims: Infringement
Defendant: Lifeway Foods, Inc.
Plaintiff: Internet Media Interactive Corp.
Pls. Cnsl.: Haller Law
Patent: 6,049,835 (System for providing easy access to the World Wide Web utilizing a published list of preselected Internet locations together with their unique multi-digit jump codes)
Symbology Innovations LLC v. Converse, Inc., et al. (D. Del.).
Claims: Infringement
Defendants:
- Converse, Inc.
- Vital Farms, Inc.
- Pilot Corporation of America
Plaintiff: Symbology Innovations LLC
Pls. Cnsl.: Devlin Law Firm; Ferraiuoli
Patent: 8,936,190 (System and method for presenting information about an object on a portable electronic device); 8,651,369 (System and method for presenting information about an object on a portable device)
Guyzar LLC v. Yelp Inc., et al. (D. Del.).
Claims: Infringement
Defendants:
- Yelp Inc.
- Gold’s Gym International, Inc.
- Rockstar Games, Inc.
Plaintiff: Guyzar LLC
Pls. Cnsl.: Devlin Law Firm; Rabicoff Law
Patent: 5,845,070 (Security system for internet provider transaction)
Guada Technologies LLC v. Boar’s Head Provision Co., Inc., et al. (D. Del.).
Claims: Infringement
Defendants:
- Boar’s Head Provision Co., Inc.
- CafePress Inc.
- Fresh Direct Holdings, Inc.
- Teespring, Inc.
- Wayfair Inc.
Plaintiff: Guada Technologies LLC
Pls. Cnsl.: Direction IP Law; Devlin Law Firm
Patent: 7,231,379 (Navigation in a hierarchical structured transaction processing system)
October 2018 Retail Patent Litigation Report
October filings remained steady. Frequent filers included Anuwave, Internet Media Interactive, Landmark Technology, Location Based Services, MobilePay, PersonalWeb Technologies, Secure Cam, and Symbology Innovations.
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.
Secure Cam, LLC v. Hanwha International Corporation, et al. (D.N.J.; D. Del.; N.Y.S.D.).
Claims: Infringement
Defendants:
- Hanwha International Corporation
- Babysense, LLC
- Yuneec USA, Inc.
- Kintronics, Inc.
Plaintiff: Secure Cam, LLC
Pls. Cnsl.: Stamoulis & Weinblatt; The Brandt Law Firm; Devlin Law Firm; Rabicoff Law; Law Office of Nicholas Ranallo
Patents: 6698021 (System and method for remote control of surveillance devices); 7257158; (System for transmitting video images over a computer network to a remote receiver)
MobilePay LLC v. Bank of America, NA, et al. (E.D. Tex.; W.D. Tex.).
Judges: District Judge Rodney Gilstrap; Magistrate Judge Jeffrey C. Manske; District Judge Alan D. Albright
Claims: Infringement
Defendants:
- Bank of America, NA
- Intuit Inc.
- Mindbody, Inc.
- PayPal, Inc.
- Bank of America Merchant Services, LLC
Plaintiff: MobilePay LLC
Pls. Cnsl.: The Mort Law Firm
Patent: 9800706 (Electronic device input/output system and method)
M2M Solutions LLC v. Amazon.com, Inc. (D. Del.).
Claim: Infringement
Defendant: Amazon.com, Inc.
Plaintiff: M2M Solutions LLC
Pls. Cnsl.: Barclay Damon; Bayard
Patents: 10038989 (System and method for remote asset management); 9961477 (System and method for remote asset management)
Symbology Innovations LLC v. Salsa Publishing, Inc., et al. (S.D. Fla.; M.D. Fla.; D. Del.).
Judges: District Judge Charlene Edwards Honeywell; Magistrate Judge Sean P. Flynn
Claims: Infringement
Defendants:
- Salsa Publishing, Inc.
- Publix Super Markets, Inc.
- Odyssey Toys LLC
- Packaging Corporation of America
- That’s It Nutrition LLC
Plaintiff: Symbology Innovations LLC
Pls. Cnsl.: Ferraiuoli; Devlin Law Firm
Patents: 8424752 (System and method for presenting information about an object on a portable electronic device); 8936190 (System and method for presenting information about an object on a portable electronic device); 8651369 (System and method for presenting information about an object on a portable device)
Corrino Holdings LLC v. Facebook, Inc., et al. (C.D. Cal.).
Claims: Infringement
Defendants:
- Facebook, Inc.
- Foursquare Labs, Inc.
- Instagram, Inc.
- Instagram, LLC
- Snap Inc.
Plaintiff: Corrino Holdings LLC
Pls. Cnsl.: Devlin Law Firm; Lee Sullivan Shea & Smith
Patents: 6353398 (System for dynamically pushing information to a user utilizing global positioning system); 7525450 (System for dynamically pushing information to a user utilizing global positioning system); 7716149 (Method, device, and program product for a social dashboard associated with a persistent virtual environment); 7843331 (System for dynamically pushing information to a user utilizing global positioning system); 7847685 (System for dynamically pushing information to a user utilizing global positioning system); 7958104 (Context based data searching); 7982599 (System for dynamically pushing information to a user utilizing global positioning system); 9262533 (Context based data searching); 9767164 (Context based data searching)
Landmark Technology, LLC v. Kanan Enterprises, Inc. (N.D. Ohio).
Judge: District Judge Dan Aaron Polster
Claim: Infringement
Defendant: Kanan Enterprises, Inc.
Plaintiff: Landmark Technology, LLC
Pls. Cnsl.: Sand & Sebolt; Banie & Ishimoto
Patent: 6289319 (Automatic business and financial transaction processing system)
Orcinus Holdings, LLC v. Synchronoss Technologies, Inc. (N.D. Cal.).
Claim: Infringement
Defendant: Synchronoss Technologies, Inc.
Plaintiff: Orcinus Holdings, LLC
Pls. Cnsl.: Baker Botts
Patent: 7567541 (System and method for personal data backup for mobile customer premises equipment)
Location Based Services, LLC v. Google, LLC (D. Del.).
Claim: Infringement
Defendant: Google, LLC
Plaintiff: Location Based Services, LLC
Pls. Cnsl.: Bayard; Ni Wang & Massand
Patents: 7729708 (Method and system for interactive mapping to provide goal-oriented instructions); 7734073 (Image mapping to provide visual geographic path); 8107691 (Image mapping to provide visual geographic path); 8805027 (Image mapping to provide visual geographic path); 9286729 (Image mapping to provide visual geographic path)
Internet Media Interactive Corp. v. Morningstar, Inc. (N.D. Ill.).
Judge: Senior District Judge Harry D. Leinenweber
Claims: Infringement
Defendants: Morningstar, Inc.
Plaintiffs: Internet Media Interactive Corp.
Pls. Cnsl.: Haller Law
Patent: 6049835 (System for providing easy access to the World Wide Web utilizing a published list of preselected Internet locations together with their unique multi-digit jump codes)
PersonalWeb Technologies, LLC et al. v. PopSugar, Inc., et al. (N.D. Cal.; S.D.N.Y.).
Claims: Infringement
Defendants:
- PopSugar, Inc.
- Optimizely, Inc.
- Hootsuite, Inc.
- Ziff Davis, LLC
Plaintiffs:
- PersonalWeb Technologies, LLC
- Level 3 Communications, LLC
Pls. Cnsl.: Maceiko IP; Stubbs Alderton & Markiles; Level 3 Communications, LLC; Kent Beatty & Gordon
Patents: 6928442 (Enforcement and policing of licensed content using content-based identifiers); 7802310 (Controlling access to data in a data processing system); 8099420 (Accessing data in a data processing system)
Anuwave LLC v. Cradlepoint, Inc., et al. (D. Del.; S.D. Ohio).
Judge: District Judge Michael R. Barrett
Claims: Infringement
Defendants:
- Cradlepoint, Inc.
- Digi International Inc.
- Johnson Controls Security Solutions, LLC
- Federal Equipment Company
Plaintiff: Anuwave LLC
Pls. Cnsl.: Devlin Law Firm; Ferraiuoli; Sand & Sebolt; Ferraiuoli
Patent: 8295862 (Method and system to enable communication through SMS communication channel)
September 2018 Retail Patent Litigation Report
September filings remained steady. Frequent filers included Coding Technologies, Internet Media Interactive, Landmark Technology, Personal Web Technologies, Secure Cam, and Uniloc.
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.
DKR Consulting, LLC v. Pinterest, Inc. (N.D. Cal.).
Judge: Magistrate Judge Kandis A. Westmore
Claim: Infringement
Defendant: Pinterest, Inc.
Plaintiff: DKR Consulting, LLC
Pls. Cnsl: DNL Zito; and RBV Law Firm
Patent: 9,679,298 (System and method for distributing multimedia content)
Display Technologies, LLC v. Como Audio, LLC (D. Del.).
Claim: Infringement
Defendant: Como Audio, LLC
Plaintiff: Display Technologies, LLC
Pls. Cnsl: Bayard; and Spencer Fane
Patent: 9,300,723 (Enabling social interactive wireless communications)
Magnacross LLC v. ABP International, Inc. (N.D. Tex.).
Judge: District Judge Sam A. Lindsay
Claim: Infringement
Defendant: ABP International, Inc.
Plaintiff: Magnacross LLC
Pls. Cnsl: Direction IP Law; and Kizzia Johnson
Patent: 6,917,304 (Wireless mutliplex data transmission system)
Landmark Technology, LLC v. A M Leonard, Inc. (S.D. Ohio; W.D. Wash.).
Judge: District Judge Thomas M. Rose
Claim: Infringement
Defendants:
- A M Leonard, Inc.
- Thrift Books Global, LLC
- Thrift Books LLC
Plaintiff: Landmark Technology, LLC
Pls. Cnsl: Sand & Sebolt; Banie & Ishimoto
Patent: 6,289,319 (Automatic business and financial transaction processing system)
PersonalWeb Technologies, LLC et. al. v. Goodreads, LLC (N.D. Cal.) (multiple cases).
Claims: Infringement
Defendants:
- Goodreads, LLC
- Imgur, Inc.
- Intuit Inc.
- Patreon, Inc.
- Slack Technologies, Inc.
Plaintiff:
- Level 3 Communications, LLC
- PersonalWeb Technologies, LLC
Pls. Cnsl: Maceiko IP; Level 3 Communications, LLC; Stubbs Alderton & Markiles
Patents: 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); 8,099,420 (Accessing data in a data processing system)
Secure Cam, LLC v. Imagestore US Inc. (E.D.N.Y., C.D. Cal.) (multiple cases).
Judges: District Judge Donald M. Middlebrooks; Magistrate Judge Dave Lee Brannon
Claims: Infringement
Defendants:
- Imagestore US Inc.
- Hikvision USA, Inc.
- Johnson Controls Security Solutions, LLC
Plaintiff: Secure Cam, LLC
Pls. Cnsl: Rabicoff Law; Mavronicolas & Dee; The Brandt Law Firm; Watson LLP; Ausley & McMullen;
Patents: 7,257,158 (System for transmitting video images over a computer network to a remote receiver); 6,698,021 (System and method for remote control of surveillance devices)
Uniloc 2017 LLC et. al. v. Cardo Systems, Inc. (E.D. Tex.) (multiple cases).
Judge: District Judge Rodney Gilstrap
Claims: Infringement
Defendants:
- Cardo Systems, Inc.
- Barnes & Noble, Inc.
- Terrano, LLC
Plaintiffs:
- Uniloc 2017 LLC
- Uniloc Licensing USA LLC
Pls. Cnsl: Prince Lobel Tye; Nelson Bumgardner Albritton
Patents: 6,405,027 (Group call for a wireless mobile communication device using bluetooth); 8,484,089 (Method and system for a hosted digital music library sharing service)
Search and Social Media Partners, LLC v. Expensify, Inc. (N.D. Cal.).
Judge: Magistrate Judge Joseph C. Spero
Claims: Infringement
Defendant: Expensify, Inc.
Plaintiff: Search and Social Media Partners, LLC
Pls. Cnsl: Chassman & Seelig; Meister Seelig & Fein
Patents: 8,583,448 (Method and system for verifying websites and providing enhanced search engine services; 9,692,739 (Search engine system, method, and device)
Lone Star Targeted Advertising, LLC v. Connekt Media, Inc. et. al. (N.D. Cal.).
Judge: Magistrate Judge Kandis A. Westmore
Claims: Infringement
Defendants:
- Connekt Colorado, Inc.
- Connekt IP Corp.
- Connekt Media, Inc.
Plaintiff: Lone Star Targeted Advertising, LLC
Pls. Cnsl: Banie & Ishimoto
Patent: 6,301,619 System and method for providing service of sending real time electronic information to selected individual viewers of transmitted video or computerized signals
Guild Forest LLC v. Myspace LLC, et al. (D. Del.) (multiple cases).
Claims: Infringement
Defendants:
- Myspace LLC
- Spotify USA Inc.
- Pinterest, Inc.
- Snap Inc.
- IFwe Inc.
Plaintiff: Guild Forest LLC
Pls. Cnsl: Devlin Law Firm; Kizzia Johnson
Patent: 8,046,697 (System and method for customizing an interface related to accessing, manipulating and viewing internet and non-internet related information)
Digi Portal LLC v. LinkedIn Corporation, et al. (D. Del.) (multiple cases).
Claims: Infringement
Defendants:
- LinkedIn Corporation
- Quotient Technology, Inc.
Plaintiff: Digi Portal LLC
Pls. Cnsl: Direction IP Law; Devlin Law Firm
Patent: 8,352,854 (Dynamic page generator)

