Facebook Request For Reexamination of Data Review Patent Among Those Requested Week Of 10/10/12

Here is the latest installment of Reexamination Requests from Scott Daniels, of Reexamination Alert and Practice Center Contributor…

Markman hearing is currently scheduled for the beginning of November in Indacon’s case against Facebook for infringement of two patents related to storing and reviewing data.  But on FridayFacebook requested reexamination of one of the Indacon patents (see inter partes Request No. (9)) and on the same day, asked Judge Orlando Garcia of the Western District of Texas to stay the infringement action “until Indacon files its response to the PTO’s first Office Action in the reexamination.”  At that time, Facebooksays, Judge Garcia could assess the effect that the reexamination might have on the case and whether the case should be stayed pending completion of the reexamination.  Facebook focused on the imminent Markman hearing, noting that the reexamination could provide additional evidence that might affect Judge Garcia’s claim construction of both patents-in-suit.  “No matter what the outcome of the reexamination, claim construction will surely be affected.”

In 2007 the U.S. International Trade Commission (ITC) issued a general exclusion order prohibiting the entry into the United States of ink cartridges that infringed any of ten Seiko Epson patents, plus a cease and desist order stopping the sale of infringing ink cartridges already in the United States.  The principal target of these orders was Ninestar Technology.  In March Ninestar asked the ITC for an advisory opinion whether its R-Series ink cartridges infringe any of the ten Seiko Epson patents.  Ninestar has now expanded its challenge to the Seiko Epson patents by requesting reexamination of the ‘053 patent (see inter partes Request No. (1)).  It will be interesting to see how Ninestar coordinates its challenges to that patent at the ITC and at the PTO, respectively. (more…)

Requests For Reexamination Of Four Round Rock Patents Among Those Filed Week of 9/12/11

Here is the latest installment of Reexamination Requests from Scott Daniels, of Reexamination Alert and Practice Center Contributor…

Requests for reexamination were filed against four RFID patents owned by patent-holding/enforcement company Round Rock Research (see ex parte Request Nos. (1), (2), (4), & (5)).  The requests do not indicate who filed them, and the patents does not appear to be the subject of pending litigation, raising the prospect of a party simply targeting Round Rock patents.Rou

Earlier this year, Universal Electronics sued Logitech in the Central District of California for infringement of three touch-pad patents. Logitech has now replied by seeking reexamination of those patents (see inter partes Request Nos. (7), (8) & (9)).

GoogleApple and Quattro teamed up to request reexamination of a StreetSpace patent for online advertising (see inter partesRequest No. (10)).  The parties are currently in litigation over that patent in the Southern District of California.

And yet another reexamination request was filed in the long, on-going war between Abbott Diabetes Care and DexCom over analyte measuring devices (see ex parte Request No. (9)). (more…)

Auburn V. IBM Among The Reexamination Requests Filed Week Of March 14, 2011

Here is the latest installment of Reexamination Requests from Scott Daniels, of Reexamination Alert and Practice Center Contributor….

Auburn v. IBM is not a “sweet-sixteen” match-up.  It’s an infringement litigation pending in the District Court in Alabama since 2009.  IBM has now requested reexamination of Auburn’s patents – U.S. Patent Nos. 7,194,366 & 7,409,306, both claiming ways of estimating the reliability of integrated circuits and thereby reducing the cost of making chips (see inter partes Request Nos. (2) & (3)).

Xilinx continued its assault on Intellectual Ventures’ patents – this week requesting reexamination of U.S. Patent No. 7,080,301 (see inter partes Request No. (7)), and perhaps U.S. Patent Nos. 6,065,880 and 6,687,865 (see ex parte Request Nos. (16) & (18)). The PTO records are, as yet, unclear regarding the requester of the latter two requests, but it appears to have been Xilinx.

Apple, the clear leader in recent times in the number of requests filed, continued its practice of seeking reexamination of each patent-in-suit whenever it is sued (see ex parte Request Nos. (10), (11) & (13)).  Other noteworthy requests include those filed against Lincoln Globaland 3M patents (see inter partes Request Nos. (1) & (11) and ex parteRequest No.(1)). (more…)

What Happens After A Case Is Stayed Pending Patent Reexamination?

Scott A. McKeown, Partner at Oblon Spivak and Practice Center Contributor, sent in this article discussing what happens to a district court/ITC litigation when the Court stays the ongoing case pending the outcome of a parallel reexamination.  According to the article, a large percentage of these cases end favorably for the defendants.  McKeown examines whether or not this reality will ultimately result in increased reexamination filings.

42% of 2007 Cases Remain Stayed

Patent reexamination parallel to a district court/ITC litigation is often initiated in an attempt to stay the more cost prohibitive court proceeding. Court’s will stay the ongoing litigation pending the patent reexamination outcome in the interests of judicial economy.

But, what happens to these cases? Are they ultimately dismissed altogether? Do the majority of these cases resume? Do the answers to these questions vary based upon the type of patent reexamination request? (more…)

Xilinx Attack On Intellectual Ventures Patent Among Reexamination Requests Filed Week OF 2/14/11

Here is the latest installment of Reexamination Requests from our friends at Westerman, Hattori, Daniels & Adrian….

Intellectual Ventures shook up the patent world in December when it filed three separate infringement suits against a series of large electronics companies.  In one of the cases, Intellectual Ventures accused AlteraMicrosemi and Lattice Semiconductor of infringing four patents programmable logic devices.  On Tuesday of last week, Intellectual Ventures filed an amended complaint to add Xilinx as a defendant.  Well, Xilinx is wasting no time, and on Friday it asked the Patent Office to reexamine one of the five patents-in-suit, U.S. Patent No. 6,272,646.  Requests for reexamination of the other four patents may come soon (see inter partes Request No. (8)).

The other big news, which we reported in two posts last week, were requests by Google for reexamination of five of the seven Oraclepatents-in-suit in the their case in California.  (See inter partes Request No. (6) and ex parte Request Nos. (4) to (7)). (more…)