Patent Filings Roundup: Super-NPE Armed with New Patent Strikes Municipalities; Supersonic DJ Suit Over Army Sonar Contract; New Far North Campaign Against Cable Companies

By Jonathan Stroud
October 28, 2020

patent filings roundup - https://depositphotos.com/84015320/stock-photo-lawsuit-written-in-search-bar.htmlA relatively subdued week led to just 18 petitions and 57 district court patent filings, mostly driven by WSOU adding Cannon to a number of suits, a fair number of Leigh Rothschild entity complaints against small companies, and a new assertion campaign from Far North Patents. There were also 10 denials of institution, nine of which were on Section 314 non-merits grounds; the FitBit filings against Phillips patents were denied institution over Fintiv based on an International Trade Commission (ITC) action Phillips initiated, and a number of parallel petitions filed by Comcast were denied consideration under the Board’s July 2019 Trial Practice Guide Update “ranking” requirement (which was itself based on an earlier Comcast v. Rovi set of IPRs). Recall that those companies are locked in a seemingly endless array of bitterly fought ITC, district court, and PTAB battles over a lapsed license to Rovi’s user guide data, among other things.)

CCTV Super-NPE Strikes Again: It was only a matter of time. Hawk Technology Systems, LLC, infamous for serial litigation against small defendants, had sued upwards of 210 small entities and threatened thousands—including municipal bodies like the Canton Public School District, various chapters of Goodwill, and hospitals like the Greater Baltimore Medical Center—asking for $5,000 or less to go away. Most paid. The patent of the previous round was on CCTV recording for security offices, U.S. 5,625,410 (from 1993), and the reissue resulting therefrom, RE37,342. Hawk has been litigating since 2012 in nearly every state in the U.S.

Well, the USPTO issued Hawk another patent, which Hawk promptly used to sue nine more local businesses, including the City of Mobile and the Ladd Peeples Stadium, a 70-year-old municipal-run stadium at which the University of South Alabama football team plays. That brings the total litigants in the campaign to well over 200 (220, to be precise).

Supersonic Seahorse DJ in Oregon: This one is fun. Companies Norbit US, Ltd. and Seahorse Geomatics, Inc. filed a declaratory judgment (DJ) action against R2SONIC, LLC – it’s an old-fashioned competitor-competitor dispute over U.S. Patent 10,132,924 and curved array sonar using the latest in analog and digital signal processing. Seahorse is a vendor of Norbit; R2SONIC directly competes with them.

The dispute arose after Seahorse was awarded a government contract with the U.S. Army Corps. of Engineers in September 2020 for “a new multibeam sonar and peripheral equipment that can mount on and integrate with” the Sea Ark 27’ VC Commander vessel and Universal Sonar Mount mounting system. The complaint alleges that R2SONIC then interfered with a government contract awarded by Seahorse by filing a protest with the Government Accountability Office (GAO) that openly alleged (emphasis added):

The only way that Seahorse could have proposed a sonar device conforming to the Solicitation’s specifications was to propose R2Sonic’s product or misrepresent to the Agency that it has the rights sell the government the solicited technology. This puts Seahorse between the devil and the deep blue sea. If Seahorse proposed R2Sonic’s product, it did so without being an authorized representative for R2Sonic, violating the Solicitation’s terms. But if it proposed a product complying with the Solicitation’s specifications that was not an R2Sonic product, it is misrepresenting its intellectual property rights to the solicited technology.

The solicited technology is covered by R2Sonic’s patent. Seahorse cannot have submitted a responsive quote.

Thus, the DJ in their home district of Oregon as to the lone patent at issue (with a continuation pending).

Far Northern Exposure: As reported here previously, various seemingly linked Texas entities represented by Antonelli, Harrington & Thompson (which I’ve loosely grouped as the “Jon Rowan” entities) have continued to expand their reach with the help of 50 or so Intellectual Ventures (IV) patents (presumably with a backend, per IV’s usual practice for the past few years). Once limited to roughly one campaign a year based largely around members of RPX, and seemingly angling for bulk settlements, their most recent campaigns have expanded into the semiconductor space, and presumably, bigger bulk settlement values.

The first Far North wave from 2019, on a 12-patent portfolio including U.S. 6,215,797, sued 12 semiconductor companies and has mostly settled out, again presumably with a bulk RPX license. They have now opened a new seven-patent round against 11 new cable company entities on two different patents from that IV transaction related to ethernet transmission, U.S. Patents 8,031,707 and 9,178,985. These patents, formerly from 3COM by way of IV as well, accuse Very High-Speed Digital Subscriber Lines (i.e., VDSL) marketed, developed, or sold those cable companies.

                                   PTAB (18)

Case Number Action Owner Petitioner Patent
IPR2021-00082 Filed Nexus Perforating LLC Nextier Oilfield Solutions Inc. 10352136
IPR2021-00066 Filed The Regents of the University of California New World Medical, Inc., 9999544
IPR2021-00112 Filed Voxer IP LLC [Voxer Inc.] Facebook, Inc.
Instagram, LLLC
10511557
IPR2021-00101 Filed Sable Networks, Inc. [Fortress IP, Softbank] Juniper Networks, Inc. 8085775
IPR2021-00114 Filed Voxer IP LLC [Voxer Inc.] Facebook, Inc.
Instagram, LLC
8180030
IPR2021-00054 Filed Ecofactor Inc Google LLC 10534382
IPR2021-00084 Filed Ikorongo Texas LLC [Concert Technology Corp.] Google LLC RE41450
IPR2021-00106 Filed Demaray LLC Applied Materials, Inc. 7381657
IPR2021-00077 Filed Vineyard Investigations E. & J. Gallo Winery 6947810
IPR2021-00113 Filed Voxer IP LLC [Voxer Inc.] Facebook, Inc.
Instagram, LLC
10511557
IPR2021-00103 Filed Demaray LLC Applied Materials, Inc. 7544276
IPR2021-00086 Filed Payrange, Inc Kiosoft Technologies, LLC 9659296
IPR2021-00100 Filed The University of Chicago Dropworks, Inc., 8304193
IPR2021-00076 Filed Vineyard Investigations E. & J. Gallo Winery 8528834
IPR2021-00081 Filed Neodron Ltd. [Magnetar Capital] Lenovo (United States) Inc.
Dell Technologies Inc.
7821502
IPR2021-00108 Filed Advance Cluster Systems, Inc. NVIDIA Corporation 8676877
IPR2021-00105 Filed Demaray LLC Applied Materials, Inc. 7544276
IPR2021-00104 Filed Demaray LLC Applied Materials, Inc. 7381657
IPR2020-00853 Not Instituted – Merits Andra Group LP Victoria’s Secret Stores LLC 8078498
IPR2020-00771 Not Instituted – Procedural Koninklijke Philips N.V. Fitbit, Inc.
Garmin International, Inc.
Garmin USA, Inc.
Garmin Ltd.
9820698
IPR2020-00799 Not Instituted – Procedural Rovi Guides, Inc. Comcast Cable Communications, LLC 7386871
IPR2020-00812 Not Instituted – Procedural Rovi Guides, Inc. Comcast Cable Communications, LLC 7386871
IPR2020-00772 Not Instituted – Procedural Koninklijke Philips N.V. Fitbit, Inc.
Garmin International, Inc.
Garmin USA, Inc.
Garmin Ltd.
Garmin Ltd.,
9820698
IPR2020-00797 Not Instituted – Procedural Rovi Guides, Inc. Comcast Cable Communications, LLC 7386871
IPR2020-00802 Not Instituted – Procedural Rovi Guides, Inc. Comcast Cable Communications, LLC 7779445
IPR2020-00801 Not Instituted – Procedural Rovi Guides, Inc. Comcast Cable Communications, LLC 7779445
IPR2020-00800 Not Instituted – Procedural Rovi Guides, Inc. Comcast Cable Communications, LLC 7779445
IPR2020-00796 Not Instituted – Procedural Rovi Guides, Inc. Comcast Cable Communications, LLC 7386871
IPR2020-00899 Instituted JJG IP Holdings, LLP Machinex Industries, Inc. 9950346
IPR2020-00849 Instituted Boccone, LLC [Oso IP, LLC] Google LLC
LG Electronics, Inc.
LG Electronics USA, Inc
10027727
IPR2020-00819 Instituted SRK Technology LLC
SPK Technology, LLC
Snap, Inc. 8996059
IPR2020-00798 Instituted Rovi Guides, Inc. Comcast Cable Communications, LLC 7386871
IPR2020-00850 Instituted Boccone, LLC [Oso IP, LLC] Google LLC
LG Electronics, Inc.
LG Electronics USA, Inc
10027726
IPR2020-00820 Instituted SRK Technology LLC
SPK Technology, LLC
Snap, Inc. 9930159
IPR2020-00846 Instituted Parus Holdings Inc. Google LLC
Samsung Electronics Co., Ltd.
Samsung Electronics America, Inc.
LG Electronics, Inc.
LG Electronics USA, Inc
7076431
IPR2020-00813 Instituted The Regents of the University of California Satco Products, Inc. 9859464
IPR2020-00851 Instituted Boccone, LLC [Oso IP, LLC] Google LLC
LG Electronics, Inc.
LG Electronics USA, Inc
10019136
IPR2020-00847 Instituted Parus Holdings Inc. Google LLC
Samsung Electronics Co., Ltd.
LG Electronics, Inc.
LG Electronics USA, Inc
Samsung Electronics America, Inc.
9451084
IPR2020-00707 Instituted Seven Networks, LLC [Fortress IP, Softbank] Apple Inc. 9712476
IPR2020-00895 Instituted Avanos Medical Sales, LLC [Avanos Medical, Inc.] Medtronic, Inc. 8882755
IPR2019-01100 Final Written Decision Watlow Electric Manufacturing Company Volvo Cars
Volvo Car Corporation (a/k/a Volvo Personvagnar AB)
Volvo Cars of North America (“VCNA”)
Volvo Car Corporation (a/k/a Volvo Personvagnar AB) (“VCC”)
7361869
IPR2019-01141 Final Written Decision Vnd Butyrate, LLC
Axcess Global Sciences, LLC [Axcess Global]
New U Life Corporation 6613356
IPR2019-00836 Final Written Decision IPA Technologies, Inc. [Quarterhill f/k/a Wi-Lan] Microsoft Corporation 7069560
IPR2019-00837 Final Written Decision IPA Technologies, Inc. [Quarterhill f/k/a Wi-Lan] Microsoft Corporation 7069560

 

                           District Court (57)

Case Number Action Plaintiff Defendant Patent
2:20-cv-00337 Filed Seagen, Inc. Daiichi Sankyo Co., Ltd. 10808039
1:20-cv-11883 Filed American Science and Engineering, Inc. Viken Detection Corp. 8300763
7505562
7400701
6:20-cv-00982 Filed WSOU Investments, LLC dba Brazos Licensing and Development [WSOU Holdings; Craig Etchegoyen] Cannon, Inc. 8588537
6:20-cv-00984 Filed WSOU Investments, LLC dba Brazos Licensing and Development [WSOU Holdings; Craig Etchegoyen] Cannon, Inc. 8909661
6:20-cv-00985 Filed WSOU Investments, LLC dba Brazos Licensing and Development [WSOU Holdings; Craig Etchegoyen] Cannon, Inc. 8970738
5:20-cv-07359 Filed Rothschild Broadcast Distribution Systems, LLC [Leigh Rothschild] Agora Lab, Inc. 8856221
5:20-cv-02209 Filed Social Positioning Input Systems, LLC [Leigh Rothschild] ESRI Global, Inc. 9261365
2:20-cv-09728 Filed Terrestrial Comms LLC [IP Valuation Partners, LLC] Logitech, S.A. 7098850
7193563
7411552
6973133
6519290
4:20-cv-00822 Filed Far North Patents, LLC [Jon Rowan entities] CONSOLIDATED COMMUNICATIONS OF TEXAS COMPANY
Consolidated Communications Enterprise Services, Inc.
Consolidated Communications Holdings, Inc.
8031707
9178985
4:20-cv-00824 Filed Far North Patents, LLC [Jon Rowan entities] Frontier Communications of America Inc.
Frontier Southwest Incorporated
Frontier Communications Corp.
8031707
9178985
4:20-cv-00826 Filed Far North Patents, LLC [Jon Rowan entities] Technicolor Delivery Technologies Belgium NV
Technicolor S.A.
8031707
9178985
3:20-cv-00590 Filed NEXRF Corp. Caesars Interactive Entertainment
Playtika Ltd.
Playtika Holding Corp.
5:20-cv-07357 Filed Rothschild Broadcast Distribution Systems, LLC [Leigh Rothschild] Intermedia.NET, Inc. 8856221
2:20-cv-09633 Filed Scanning Technologies Innovations, LLC [Leigh Rothschild] Universe, Inc. dba Universe Experience, Inc. 10600101
3:20-cv-01820 Filed Norbit US, LTD
Seahorse Geomatics, Inc
R2Sonic, LLC 10132924
8:20-cv-02042 Filed Targus International LLC ARKTIS.DE GMBH 8746449
9170611
10139861
8783458
1:20-cv-01423 Filed H Lundbeck A/S
Otsuka Pharmaceutical Co., LTD.
Teva Pharmaceutical RE48059
3:20-cv-14933 Filed THERAPEUTICSMD, INC. Amneal Pharmaceuticals, Inc.
Amneal Pharmaceuticals, LLC.
10806740
6:20-cv-00981 Filed WSOU Investments, LLC dba Brazos Licensing and Development [WSOU Holdings; Craig Etchegoyen] Cannon, Inc. 7116714
5:20-cv-07362 Filed Social Positioning Input Systems, LLC [Leigh Rothschild] Trulite Trace, Inc. 9261365
1:20-cv-11887 Filed Long Hua Technology Co., Ltd. A123 Systems, LLC 7803484
8034480
3:20-cv-03206 Filed CUPP Computing AS
CUPP Cybersecurity, LLC
Trend Micro, Inc.
Trend Micro America
10417400
1:20-cv-01413 Filed Rose U, LLC
Dermira, Inc.
Perrigo 9259414
10004717
10543192
10548875
8618160
9744105
10052267
8859610
3:20-cv-00276 Filed Hawk Technology Systems, LLC Kirkland`s Inc. dba Kirkland`s Stores, Inc. 10499091
4:20-cv-00184 Filed Hawk Technology Systems, LLC Huddle House, Inc. 10499091
5:20-cv-07407 Filed Hewlett-Parkard Co. Quanta Cloud Technology USA LLC
Quanta Manufacturing Incorporation
Quanta Manufacturing Nashville LLC
Tech-Front (Shanghai) Computer Co., Ltd.
QCH, Inc.
et al.
8218566
7567522
7966389
D699720
1:20-cv-24342 Filed PayRange Inc. KIOSOFT TECHNOLOGIES, LLC
TECHTREX, INC.
10719833
2:20-cv-09776 Filed NG IMPORTS, a California Corporation ZHENGZHOU KERUI ELECTRONIC COMMERCE COMPANY, LTD. a China Corporation D879382
4:20-cv-00827 Filed Consolidated Transaction Processing, LLC [Leigh Rothschild] Express, LLC
Express, Inc.
8712846
8396743
4:20-cv-00829 Filed Far North Patents, LLC [Jon Rowan entities] Zyxel Communications Corp. 8031707
9178985
4:20-cv-00830 Filed Consolidated Transaction Processing, LLC [Leigh Rothschild] Macy`s
macy`s.com, llc
8712846
8396743
4:20-cv-00831 Filed Consolidated Transaction Processing, LLC [Leigh Rothschild] Nordstrom, Inc. 8712846
8396743
1:20-cv-08877 Filed Global Interactive Media, Inc. Digitally Imported, Inc.
8:20-cv-03099 Filed Octane Biotech Inc
Lonza
Adva Biotechnology Ltd. 9783768
9701932
9534195
9499780
8492140
10723986
2:20-cv-01570 Filed Mobiloc LLC Neutron Holdings Inc
3:20-cv-03171 Filed Brighton-Best International, Inc. Tomahawk Safety, LLC 9241519
6:20-cv-00983 Filed PROVEN NETWORKS, LLC Cisco Systems, Inc. 7508757
8018852
8165024
7450507
3:20-cv-07356 Filed Rothschild Broadcast Distribution Systems, LLC [Leigh Rothschild] TalkDesk, Inc. 8856221
3:20-cv-03167 Filed Celebration IP, LLC [IP Edge] STMicroelectronics 6346795
6:20-cv-00988 Filed Cedar Lane Technologies Inc. T-Mobile 6526411
7173177
6721489
6473527
6972790
8537242
7292261
6972774
7642443
6516147
1:20-cv-11896 Filed DiversiTech Corp. The Rectorseal Corporation
RectorSeal, LLC
CSW Industrials, Inc.
9550223
2:20-cv-14833 Filed NORTON (WATERFORD) LTD
Teva Pharmaceutical
Aurobindo Pharma, Ltd.
Aurolife Pharma, LLC
10561808
10695512
9808587
10022509
10022510
10086156
9463289
4:20-cv-00821 Filed Far North Patents, LLC [Jon Rowan entities] Centurylink, Inc. 8031707
9178985
2:20-cv-14890 Filed NORTON (WATERFORD) LTD
Teva Pharmaceutical
CIPLA Ltd.
6:20-cv-00979 Filed Align Technology, Inc. 3Shape A/S
3Shape Trios A/S
9101433
10750151
10750152
10728519
6:20-cv-00980 Filed WSOU Investments, LLC dba Brazos Licensing and Development [WSOU Holdings; Craig Etchegoyen] Cannon, Inc. 7054346
1:20-cv-01407 Filed Warner-Lambert Co
PF PRISM IMB BV
Pfizer
Sun Pharmaceutical 10723730
1:20-cv-14717 Filed Warner-Lambert Co
PF PRISM IMB BV
Pfizer
Sun Pharmaceutical 10723730
1:20-cv-00514 Filed Hawk Technology Systems, LLC City Of Mobile
Ladd Peebles Stadium
10499091
2:20-cv-02766 Filed Hawk Technology Systems, LLC Castle Retail, LLC 10499091
2:20-cv-00722 Filed W.H. Wall Family Holdings, LLLP Merit Medical Systems 6974475
2:20-cv-14828 Filed Brian Anthony Florek
FloWorks LLC
ECOM GLOBAL SOLUTIONS, INC., LLC 20150090676A1
3:20-cv-14857 Filed Galderma Research & Development SNC
Galderma Laboratories
Cadila Healthcare 8785420
9814690
8703820
8936800
8445543
9387187
4:20-cv-00823 Filed Far North Patents, LLC [Jon Rowan entities] Dasan Zhone Solutions, Inc. 8031707
9178985
4:20-cv-00825 Filed Consolidated Transaction Processing, LLC [Leigh Rothschild] Bed Bath & Beyond, Inc. 8712846
8396743
4:20-cv-00828 Filed Far North Patents, LLC [Jon Rowan entities] Windstream KDL, LLC
Windstream Communications, LLC
Windstream Services, LLC
Windstream New Edge, LLC
Windstream Holdings, Inc.
8031707
9178985
4:20-cv-00832 Filed Consolidated Transaction Processing, LLC [Leigh Rothschild] Skechers By Mail, Inc.
Skechers U.S.A.
8396743
8712846

Image Source: Deposit Photos
Author: gustavofrazao
Image ID: 84015320

The Author

Jonathan Stroud

Jonathan Stroud is Chief IP Counsel at Unified Patents, LLC, where he manages a growing team of talented, diverse attorneys and oversees a docket of administrative challenges, appeals, licensing, and district court work in addition to IP, administrative, amicus, policy, marketing, and corporate matters.

Prior to Unified he was a patent litigator for Finnegan, Henderson, Farabow, Garrett & Dunner LLP, and a former medical devices patent examiner at the USPTO. He earned his J.D. with honors from the American University Washington College of Law; his B.S. in Biomedical Engineering from Tulane University; and his M.A. in Print Journalism from the University of Southern California. He enjoys teaching, writing, and speaking on patent and administrative law.

Warning & Disclaimer: The pages, articles and comments on IPWatchdog.com do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the personal opinion and views of the author as of the time of publication and should not be attributed to the author’s employer, clients or the sponsors of IPWatchdog.com. Read more.

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