Patent Law Practice Center

Whirlpool files lawsuit in Eastern Texas alleging infringement of 10 million series patent

U.S. Patent No. 10,000,000 just issued June 19, 2018, and within a matter of days a patent in the 10 million series was already being enforced. On July 3, 2018, the day the patent issued, Whirlpool Corporation filed a patent infringement lawsuit in the United States Federal District Court for the Eastern District of Texas.

Despite those who claim that only patent trolls file lawsuits in the Eastern District of Texas, it is Whirlpool Corporation that has brought a patent infringement lawsuit seeking to enforce U.S. Patent No. 10,010,820, which relates to a water filtration system, against defendant, Space Flex International, LLC. There are some who have always believed that operating companies simply never sue in the Eastern District of Texas, but those widely held beliefs are simply incorrect. Indeed, those familiar with Whirlpool’s enforcement strategy know well that the company regularly utilizes the Eastern District of Texas.

In this case, Whirlpool also alleges that the defendant, Space Flex International, a Rancho Cucamonga, CA corporation that has consented to jurisdiction and venue in the Eastern Distirct of Texas, is infringing U.S. Patent Nos. 7,00,894, 8,591,736, and 9,937,451. The complaint filed explains that both the ‘894 and ‘763 patents have withstood numerous validity and enforceability challenges. The ‘451 patent, as well as the ‘820 patent, as you would expect from their relatively young age, have not been challenged yet and will see their first action on behalf of Whirlpool in this case.

Whirlpool is seeking a preliminary and permanent injunction preventing Space Flex from engaging in infringing activities, a judgment that infringement has been willful, and a finding that the case is exceptional. Whirlpool is also seeking attorneys’ fees, as well as pre- and post-judgment interest in the event they prevail. A jury trial has been demanded.

Whirlpool Challenge To Three LG Refrigerator Patents Among The Reexamination Requests Filed Week Of 2/28/11

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

Last year LG Electronics sued Whirlpool for selling refrigerators that infringe a series of LG patents.  Whirlpool has now replied by requesting reexamination of those patents (see inter partes Request Nos. (4), (5) & (6)).  Whirlpool has previously requested reexamination of at least four other LG refrigerator patents.  LG and Whirlpool have been in series patent infringement fights, including an ITC investigation.

There were also reexaminations requested by Google against two of the Oracle America patents in the JAVA infringement suit between the companies (see inter partes Request No. (3) and ex parte Request No. (9)).  A request was filed against another of the Intellectual Venturespatents from its case against Altera and other companies, probably by Xilinx, though the identity of the requester does appear in PAIR (see ex parte Request No. (22)).  Finally, a request was filed regarding one of the Ronald Katz telephone patents (see ex parte Request No. (3)). (more…)

Acer & Microsoft Attacks On Mediostream Video Recording Patent Among Reexamination Requests Filed Week Of January 31, 2011

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

On January 7, 2011, Apple requested reexamination of MedioStream’s U.S. Patent No. 7,843,508 covering a way of recording video data directly onto disks.  Now, both Acer and Microsoft have filed their own requests for reexamination of the ‘508 patent (inter partes Request Nos. (2) & (5)).  Each of these new requestors has been accused by MedioStream of infringing the ‘508 patent.  These requests continue a trend among the huge electronic companies, especially Apple, of using reexamination to reply to infringement allegations.

As an update to our posts of June 30 & November 9, 2010 and January 19, 2011 – regarding inter partes reexamination requests filed by Whirlpool against four LG refrigerator patents – Judge Garrett Brown, in a parallel infringement action between the parties in the District Court of New Jersey, has denied Whirlpool’s motion to stay the case pending completion of the reexamination proceedings.  Judge Brown explained that inter partes reexaminations “could take more than five years if the parties fully exhaust their appeal rights” and that delay could cause LG irreparable loss because the parties are direct competitors: “[t]he goodwill lost during the reexamination proceedings could be difficult to measure and difficult to compensate fully with money damages after trial.” (more…)