Patent Filings Roundup: Judge Albright Hits Back at Federal Circuit; APJ Urges Board to Consider Litigiousness Under Fintiv; PTAB Reverses Fintiv Denial after ITC Termination

By Jonathan Stroud
November 17, 2021

https://depositphotos.com/3834376/stock-photo-lawsuit.htmlDistrict court patent filings this week remained slightly elevated, at 78, with a fair number of Rothschild, Raymond Anthony Joao, and Jeffrey Gross entities filings complaints; but oddly—after their explosion of new litigations the past two weeks—there was not a single IP Edge case to speak of. The Patent Trial and Appeal Board (PTAB), for its part, was up slightly too, with 37 new petitions (one post grant review and 36 inter partes reviews).

Speaking of Jeffrey Gross, though it consists of two patents issued in 2013, the Jeffrey Gross-run Auth Token LLC appears to have waited until the sunset of covered business method (CBM) petitions to turn around and slap virtually all of the nation’s banks, credit card companies, and some financiers with a lawsuit over two pretty identical point-of-sale authentication patents. The cases now include Mastercard, Visa, M&T Bank, PNC Bank, Regions Bank, TD Bank, Trust Financial, and US Bancorp (US Bank), among the 32 defendants thus far.  But the real action was between the Federal Circuit and Judge Albright, as the words and rulings of each become increasingly confrontational toward the other.

Judge Albright Thumbs His Nose at the Federal Circuit: One thing is for certain—Judge Albright does not mince words. As we all saw, on Monday, Judge Albright was again held to have abused his discretion three more times on motion-to-transfer practice.  He has now been versed on mandamus at least 21 times in his short time on the bench—including more times in a five-month period, 16, than most judges have in a lifetime of federal service. As far as I know, he has been mandamused more than any other judge in the history of the federal judiciary, or is at least on pace to be, and has certainly been mandamused the most in a single year. As of October, his overall grant rate—the rate of mandamus orders before the court per petitions actually filed—was 56.5%, and is now approaching 75%.

As a recent article noted, these mandamuses “raise an interesting question: Does Judge Albright care?” That article notes that in another order of his, Judge Albright called the Federal Circuit “out of touch” with modern patent litigation.

In the most recent grant of a motion to transfer on remand from one of these orders, Judge Albright signaled not only that he disagreed with the Federal Circuit, but that he is in open contempt of their rulings, accusing them of wholly disregarding binding precedent, and ignoring many of their dictates. For example, regarding the supposed 100-mile rule, he writes that the Federal Circuit has rendered it “nugatory,” “nullified” it, and “neutered” it, in addition to “altogether disregard[ing]” it, citing Eastern District of Texas cases to support his proposition

He argues that their precedential decision in In re Juniper Networks, Inc., “is out of step with decades of jurisprudence springing from courts in the Fifth Circuit and elsewhere,” citing only a 2007 Eastern District and a 1992 Southern District of Texas case. Later in the opinion, he also does exactly what most of the mandamus orders have said he should not do, and doubles down on his own time-to-trial in both his orders and the few cases he has tried to date (selectively omitting the ones that have longer, and highlighting the ones he himself called early in the schedule) in a lengthy string site on page 17.  He blames COVID for delays in California courts but not his own; and he again cites his aggressive trial schedule, despite a thundering of opinons from the Federal Circuit admonishing him for doing so.

He adds that the Federal Circuit’s ruling “directly counters the Federal Circuit’s longstanding sentiment that “[r]ecognition must be given to the strong public policy favoring expeditious resolution of litigation.”

In in his analysis, he refuses to look at the nature of those controlling the plaintiff-entity LLC (here Acacia, certainly not a Texas company) but goes to great pains to look at the plaintiffs. He even goes so far as to say that because the LLC is a Texas LLC that means Texas has a local interest in resolving the case, which is directly contrary to the Federal Circuit’s lengthy arguments in their various orders.  One thing is certain—Judge Albright cares little for his reviewing court.

Another ITC-Fintiv Denial, With a Twist: In another pair of PTAB Fintiv denials issued this week, the majority found that, given the pending International Trade Commission (ITC) case, among other factors, they were going to exercise their discretion and denied both petitions, over another fascinating concurrence by APJ Crumbly.  He argues, under the Board’s discretion, that the patent owner’s litigation history is as relevant as trial dates or overlap for a discretionary Fintiv analysis based on the efficiency and integrity of the system. He writes:

“I would take into consideration the fact that Patent Owner has asserted the ’854 patent, as well as several related patents, against a multitude of defendants in multiple proceedings in various district courts and the ITC. This suggests to me that, in the “holistic view,” the “efficiency and integrity of the system are best served” (Fintiv at 6) by instituting review here before the Board, and resolving questions as to the patentability of the challenged claims in one proceeding, rather than in the various proceedings involving the ’854 patent scattered across the country in various tribunals.” The lead case I quote from is Satco Prods. Inc. v. Regents of U. of Cal., IPR2021-00794, Paper 14 (Nov. 14, 2021).  The patent, for what it’s worth, is U.S. 10,593,854.

Board Vacates Fintiv Denial after Patent Dropped from ITC:  In a really interesting order, this week a PTAB panel sua sponte vacated a denial under their Fintiv-ITC practices after the petitioners let the Board know the patent had been dropped from the ITC case, and thus the basis of denial had evaporated. It would be interesting to know just how many meritorious petitions have been denied under Fintiv, only to have their cases settle, trial schedules pushed back, cases transferred, or some other event that eliminated the basis of the original ruling—and how many wish their panel had followed suit.  Order available here.  The case was handled by Smith Baluch.

                                  PTAB (37)

Case Number Action Owner Petitioner Patent
IPR2022-00159 Filed Shell Oil Company Scientific Design Company, Inc. 8357825
IPR2022-00181 Filed TikTok Pte. Ltd. Triller, Inc. 9294430
IPR2022-00032 Filed Memoryweb, LLC Apple, Inc 9552376
IPR2022-00169 Filed Hy-Ko Products Company The Hillman Group, Inc 10421133
IPR2022-00144 Filed 3Shape A/S Align Technology, Inc. RE48221
IPR2022-00172 Filed Identity Security LLC (f/k/a Integrated Information Solutions Corporation) Apple, Inc 8489895
IPR2022-00170 Filed Identity Security LLC (f/k/a Integrated Information Solutions Corporation) Apple, Inc 7493497
IPR2022-00168 Filed Hy-Ko Products Company The Hillman Group, Inc 9656332
IPR2022-00068 Filed Koninklijke KPN NV Ericsson Inc. 9549426
IPR2022-00155 Filed Adam Schwartz Laltitude LLC d/b/a Picasso Tiles D719138
IPR2022-00174 Filed Hy-Ko Products Company The Hillman Group, Inc 9687920
IPR2022-00176 Filed Ebuddy Technologies BV Linkedin Corporation 8510395
IPR2022-00088 Filed Unirac Inc. Ecofasten Solar, LLC
Esdec, Inc.
9584062
IPR2022-00145 Filed 3Shape A/S Align Technology, Inc. RE48221
IPR2022-00195 Filed Harper Engineering Co. Airbus Ams., Inc. 10801244
IPR2022-00137 Filed Parus Holdings, Inc. Microsoft Corporation 6721705
IPR2022-00074 Filed US Well Services, LLC Salesforce.com, Inc. 10254732
IPR2022-00165 Filed Ebuddy Technologies BV Linkedin Corporation 8402179
IPR2022-00127 Filed BTL Healthcare Technologies A.S. Lumenis BE Ltd. 10695576
IPR2022-00126 Filed BTL Healthcare Technologies A.S. Lumenis BE Ltd. 10695576
IPR2022-00171 Filed Identity Security LLC Apple, Inc 8020008
IPR2022-00173 Filed Identity Security LLC Apple, Inc 9507948
IPR2022-00158 Filed Shell Oil Company Scientific Design Company, Inc. 8357813
IPR2022-00154 Filed WSOU Investments, LLC d/b/a Brazos Licensing and Development [WSOU Holdings; Craig Etchegoyen] Salesforce.com, Inc. 8369827
IPR2022-00175 Filed Hy-Ko Products Company The Hillman Group, Inc. 9682432
IPR2022-00179 Filed TikTok Pte. Ltd. Triller, Inc. 9648132
IPR2022-00180 Filed TikTok Pte. Ltd. Triller, Inc. 9992322
IPR2022-00166 Filed K. Mizra LLC Unified Patents, LLC 7394423
PGR2022-00009 Filed Lynk Labs, Inc Home Depot U.S.A., Inc 10932341
IPR2022-00147 Filed Arigna Technology Ltd. Volkswagen Group of America, Inc. 7049850
IPR2022-00185 Filed Scramoge Tech.  LTD [Magentar Capital, Atlantic IP] Samsung Elects. Co., Ltd.; Samsung Electronics Am., Inc. 10424941
IPR2022-00192 Filed Harper Engineering Co. Airbus Ams., Inc. 10760315
IPR2022-00193 Filed Aortic Innovations, LLC Edwards Lifesciences Corp., Edwards Lifesciences LLC 10881538
IPR2022-00164 Filed Ebuddy Technologies BV Linkedin Corporation 8230135
IPR2022-00177 Filed Ebuddy Technologies BV Linkedin Corporation 9584453
IPR2022-00150 Filed Lynk Labs LLC Samsung 10687400
IPR2022-00149 Filed Lynk Labs LLC Samsung 10687400
IPR2021-00832 Not Instituted – Merits Daedalus Blue LLC Microsoft Corporation 8381209
IPR2021-00897 Not Instituted – Merits Nabors Drilling Technologies USA, Inc. Helmerich & Payne International Drilling Company
Helmerich & Payne Technologies, LLC
Motive Drilling Technologies, Inc.
8360171
IPR2021-00826 Not Instituted – Merits Philip Morris Products, S.A. R.J. Reynolds Vapor Company 9814265
IPR2021-00717 Not Instituted – Merits Stratosaudio, Inc. Volkswagen Group of America, Inc. 8200203
IPR2021-00963 Not Instituted – Procedural Google LLC Sonos, Inc. 10140375
IPR2021-00898 Not Instituted – Procedural Alcon, Inc. Johnson & Johnson Surgical Vision, Inc. 9622913
IPR2021-00794 Not Instituted – Procedural The Regents of the University of California Satco Products, Inc. 10593854
IPR2021-00899 Not Instituted – Procedural Alcon, Inc. Johnson & Johnson Surgical Vision, Inc. 9849036
IPR2021-00982 Not Instituted – Procedural Ecofactor, Inc. Google LLC 10612983
IPR2021-00661 Not Instituted – Procedural The Regents of the University of California Satco Products, Inc. 10658557
IPR2021-00870 Instituted Jenam Tech, LLC
Jenam Tech LLC
Google LLC 10069945
IPR2021-00852 Instituted Sovereign Peak Ventures, LLC
Sovereign Peak Ventures LLC
Unified Patents, LLC 6877038
IPR2021-00962 Instituted Google LLC
GOOGLE, LLC
Sonos, Inc.
SONOS, INC
10140375
IPR2021-00778 Instituted Sanderling Management Ltd. Snap, Inc. 9355412
IPR2021-00662 Instituted The Regents of the University of California Satco Products, Inc. 10644213
IPR2021-00867 Instituted Jenam Tech, LLC
Jenam Tech LLC
Google LLC 10306026
IPR2021-00860 Instituted Longhorn Vaccines & Diagnostics, LLC
Longhorn Vaccines & Diagnostics LLC
Spectrum Solutions LLC 9683256
IPR2021-00869 Instituted Jenam Tech, LLC Google LLC 10069945
IPR2021-00880 Instituted Regeneron Pharmaceuticals, Inc. Mylan Pharmaceuticals, Inc. 9669069
IPR2021-00847 Instituted Longhorn Vaccines & Diagnostics, LLC Spectrum Solutions LLC 8084443
IPR2021-00840 Instituted AMO Development, LLC Alcon, Inc.
Alcon Lensx, Inc.
Alcon Vision, LLC
Alcon Laboratories, Inc.
Alcon Research, LLC
9107732
IPR2021-00780 Instituted Sanderling Management Ltd. Snap, Inc. 10108986
IPR2021-00843 Instituted AMO Development, LLC Alcon, Inc.
Alcon Lensx, Inc.
Alcon Vision, LLC
Alcon Laboratories, Inc.
Alcon Research, LLC
9233023
IPR2021-00868 Instituted Jenam Tech, LLC Google LLC 10306026
IPR2021-00797 Instituted Audioeye, Inc. Accessibe Ltd. 10444934
IPR2021-00830 Instituted Daedalus Blue LLC Microsoft Corporation 8572612
IPR2021-00850 Instituted Longhorn Vaccines & Diagnostics, LLC Spectrum Solutions LLC 8293467
IPR2021-00752 Instituted HD Silicon Solutions LLC Microchip Technology, Inc. 6774033
IPR2021-00845 Instituted AMO Development, LLC Alcon, Inc.
Alcon Lensx, Inc.
Alcon Vision, LLC
Alcon Laboratories, Inc.
Alcon Research, LLC
9233024
IPR2021-00881 Instituted Regeneron Pharmaceuticals, Inc. Mylan Pharmaceuticals, Inc. 9254338
PGR2021-00079 Instituted iRobot Corporation SharkNinja Operating LLC
SharkNinja Management LLC
SharkNinja Sales Company
10990110
IPR2021-00839 Instituted AMO Development, LLC Alcon, Inc.
Alcon Lensx, Inc.
Alcon Vision, LLC
Alcon Laboratories, Inc.
Alcon Research, LLC
et al.
9101448
IPR2021-00779 Instituted Sanderling Management Ltd. Snap, Inc. 9639866
IPR2021-00781 Instituted Sanderling Management Ltd. Snap, Inc. 10108986
IPR2020-00905 Final Written Decision Corephotonics, Ltd. Apple, Inc 10225479
IPR2020-00903 Final Written Decision Proxicomm Wireless, LLC Target Corporation 9038129
IPR2020-00932 Final Written Decision Proxicomm Wireless, LLC Target Corporation 8090359
IPR2020-00931 Final Written Decision Proxicomm Wireless, LLC Target Corporation 8090359
IPR2020-00933 Final Written Decision Proxicomm Wireless, LLC Target Corporation 8374592
IPR2020-00879 Final Written Decision Longhorn HD LLC Unified Patents, LLC 7260846
IPR2020-00994 Final Written Decision Paice LLC & The Abell Foundation, Inc. Bayerische Motoren Werke Aktiengesellschaft
BMW of North America, LLC
7104347
IPR2016-00696 Final Written Decision Enthone Inc. BASF Corporation 7303992
IPR2020-00995 Final Written Decision B# On Demand, LLC Unified Patents, LLC 9553880
IPR2020-00904 Final Written Decision Proxicomm Wireless, LLC Target Corporation 7936736
IPR2020-00906 Final Written Decision Corephotonics Ltd. Apple, Inc 10225479

 

                                District Court (78)

Case Number Action Plaintiff Defendant Patent
2:21-cv-08780 Filed Oru Kayak Inc Skatebolt LLC
Phoenix Ryders Usa LLC
Shenzhen Alouette Intelligent Technology Co Ltd
8316788
6:21-cv-01864 Filed Raven Sun Creative Inc Walt Disney Company
6:21-cv-01149 Filed Beteiro LLC [Raymond Anthony Joao] Morris Mohawk Gaming Group 10043341
10147266
9965920
10255755
5:21-cv-08706 Filed Super Interconnect Technologies LLC [Acacia Research Corp] Google LLC 7627044
1:21-cv-05995 Filed Melinta Therapeutics LLC
Rempex Pharmaceuticals Inc
Melinta Subsidiary Corp
Phv Damien N Dombrowski
Phv Joel M Wallace
Nexus Pharmaceuticals Inc
Phv Imron T Aly
Phv Ha Kung Wong
et al.
9278105
9084802
6:21-cv-01153 Filed Peter Pedersen Mailgun Technologies Inc 6965920
1:21-cv-01585 Filed Baudax Bio Inc Axsome Therapeutics Inc 10471067
8512727
3:21-cv-08697 Filed Maxpower Semiconductor Inc Rohm Co Ltd
6:21-cv-01879 Filed Laltitude LLC Adam Schwartz
Freshetech LLC
Does 1-100
D742359
4:21-cv-03698 Filed Rail Scale Inc Weighing Technologies Inc Dba Wt Rail 10996100
6:21-cv-01157 Filed Ap Global Inc Zadii
Trunab Direct
Afuower
Path Gaming
Amazoncom Inc
et al.
D915770
6:21-cv-01163 Filed Auth Token LLC [Jeffrey Gross] Pnc Bank National Association 8375212
8688990
6:21-cv-01165 Filed Auth Token LLC [Jeffrey Gross] Truist Financial Corporation 8375212
8688990
6:21-cv-01167 Filed Auth Token LLC [Jeffrey Gross] Wells Fargo 8375212
8688990
3:21-cv-02807 Filed Zilkr Cloud Technologies LLC Ringcentral Inc 9210254
9883047
9998607
9742926
1:21-cv-06068 Filed Mobile Tech Sennco Solutions 10517056
1:21-cv-09355 Filed Auth Token LLC [Jeffrey Gross] Td Bank Na 8375212
8688990
6:21-cv-01173 Filed Datrec LLC  [Dynamic Deals d/b/a DynaIP] Abbott Laboratories 8381309
6:21-cv-01176 Filed D4d Technologies LLC Medit Corporation 7978892
7342668
9:21-cv-82068 Filed Kitchinventions LLC Walmart Inc 10561279
D886547
4:21-cv-00204 Filed Product And Technical Services Inc Dba Prodtek
Turf Cushion Inc
Poly-green Foam Holdings LLC
The Recreational Group LLC
10870951
1:21-cv-01211 Filed Auth Token LLC [Jeffrey Gross] M T Bank 8375212
8688990
3:21-cv-08679 Filed Wsou Investments LLC Doing Business As Brazos Licensing And Development [WSOU Holdings; Craig Etchegoyen] Arista Networks 7409715
8472447
9450884
1:21-cv-03027 Filed Cyph Inc Zoom Communication Inc 9794070
10003465
9906369
10020946
9948625
10701047
6:21-cv-01155 Filed Peter Pedersen J2 Global Canada Inc
J2 Global Inc
6965920
6:21-cv-01156 Filed Datrec LLC Amd Global Telemedicine Inc 8381309
1:21-cv-01591 Filed The Nielsen Company Hyphametrics Inc 8924994
3:21-cv-19918 Filed Puma Biotechnology Inc
Wyeth LLC
Sandoz 7399865
6:21-cv-01158 Filed Be Labs Inc Ezviz Inc 7827581
9344183
6:21-cv-01162 Filed Beteiro LLC [Raymond Anthony Joao] Fanduel Inc
Flutter Entertainment PLC
The Stars Group
Tsg Interactive Us Services Ltd Corp Dba Foxbet Sportsbook
10043341
10147266
9965920
10255755
6:21-cv-01164 Filed Auth Token LLC [Jeffrey M. Gross] Regions Financial Corporation 8375212
8688990
1:21-cv-01594 Filed Jazz Pharmaceuticals Ireland Limited
Jazz Pharmaceuticals Inc
Avadel Specialty Pharmaceuticals LLC
Avadel Legacy Pharmaceuticals LLC
Avadel Us Holdings Inc
Avadel Management Corporation
Avadel Pharmaceuticals PLC
et al.
10736866
11147782
2:21-cv-08912 Filed Cao Lighting Inc Topaz Lighting Corp 6465961
6:21-cv-01169 Filed Maxell Ltd [Maxell Holdings, Ltd.] Motorola Mobility LLC
Lenovo Inc
7072673
8059177
7952645
7577417
8098695
7199821
9420212
6928292
6:21-cv-01174 Filed PINEAPPLE34 LLC [George Gordon, poss. the Sitting Man entities[ Lenovo Inc 7181252
7068499
6:21-cv-01175 Filed Datrec LLC [Dynamic Deals d/b/a DynaIP] International Business Machines Corp 8381309
6:21-cv-01178 Filed Ortiz Associates Consulting LLC [Ortiz & Lopez, LLC, (d/b/a OL PATENTS] Ricoh Company Ltd 9549285
6:21-cv-01147 Filed Beteiro LLC [Raymond Anthony Joao] Elys Game Technology Corp 10043341
10147266
9965920
10255755
6:21-cv-01150 Filed Beteiro LLC [Raymond Anthony Joao] Playup Limited 10043341
10147266
9965920
10255755
7:21-cv-00577 Filed Safe Haven Wildlife Removal And Property Management Experts LLC Meridian Wildlife Services LLC Doing Business As Meridian Bird Removal Inc 10729108
11064683
10251374
5:21-cv-08697 Filed Maxpower Semiconductor Inc. Rohm Co Ltd
6:21-cv-01154 Filed Peter Pedersen Microsoft Corporation 6965920
2:21-cv-08915 Filed Shenzhen Gooloo E-commerce Co Ltd Pilot Inc 10328806
9954391
10875410
9525297
10046653
7345450
2:21-cv-00424 Filed Auth Token LLC [Jeffrey Gross] Washington Federal Bank National Association 8375212
8688990
1:21-cv-09353 Filed Auth Token LLC [Jeffrey Gross] Mastercard Incorporated 8375212
8688990
6:21-cv-01171 Filed PINEAPPLE34 LLC [George Gordon, poss. the Sitting Man entities[ Honeywell International Inc. 7822387
2:21-cv-08940 Filed Social Positioning Input Systems LLC [Leigh M. Rothschild, Patent Asset Management[ Cartrack Inc 9261365
6:21-cv-01145 Filed Arigna Technology Limited [Magnetar Capital, Atlantic IP] Oneplus Technology Shenzhen Co Ltd 6603343
8947164
6:21-cv-01148 Filed Beteiro LLC [Raymond Anthony Joao] Kindred Group PLC
Trannel International Ltd
Unibet Interactive Inc
Unibet International Ltd
10043341
10147266
9965920
10255755
2:21-cv-00419 Filed Apicore Us LLC
Mylan
Hong Kong King-friend Industrial Co Ltd 10752580
10626086
9353050
1:21-cv-06021 Filed Ng Imports Does 1-52 10811159
1:21-cv-01588 Filed Adaptive Avenue Associates Inc Leaf Group Ltd 7171629
1:21-cv-01592 Filed The Nielsen Company Tvision Insights Inc 8302120
9020189
7:21-cv-09308 Filed Combe Inc Inova Cosmetics 9474704
10022312
9237993
6:21-cv-01166 Filed Auth Token LLC [Jeffrey Gross] Us Bank Na 8375212
8688990
1:21-cv-01596 Filed Be Labs Inc Everest Networks Inc 7827581
9344183
1:21-cv-01597 Filed Auth Token LLC [Jeffrey Gross] Visa Inc 8375212
8688990
1:21-cv-09359 Filed Auth Token LLC [Jeffrey Gross] The Bank Of New York Mellon Corporation 8375212
6:21-cv-01177 Filed Ortiz Associates Consulting LLC [Ortiz & Lopez, LLC, (d/b/a OL PATENTS] Cannon Inc 9549285
5:21-cv-08827 Filed Social Positioning Input Systems LLC [Leigh M. Rothschild, Patent Asset Management] Mojio Usa Inc 9261365
2:21-cv-19829 Filed Pacira Pharmaceuticals Inc
Pacira Biosciences Inc
Evenus Pharmaceuticals Laboratories Inc
Jiangsu Hengrui Medicine Co Ltd
11033495
6:21-cv-01144 Filed Social Positioning Input Systems LLC [Leigh M. Rothschild, Patent Asset Management[ Manning Navcomp 9261365
2:21-cv-00414 Filed Super Interconnect Techonologies LLC [Acacia Research] Google LLC 7158593
6463092
7627044
4:21-cv-03658 Filed Social Positioning Input Systems LLC [Leigh M. Rothschild, Patent Asset Management[ Lonestar Tracking LLC 9261365
2:21-cv-00415 Filed Telecom Network Solutions LLC [David Sewell entities] Att Communications LLC
Att Inc
RE47813
2:21-cv-00416 Filed Telecom Network Solutions LLC [David Sewell entities] Cellco Partnership Inc
Verizon Communications
RE47813
2:21-cv-00417 Filed Liberty Peak Ventures LLC [Dominion Harbor Enterprises, LLC] Regions Financial Corporation 9195985
8794509
7953671
8851369
8905301
6820802
2:21-cv-00418 Filed Telecom Network Solutions LLC [David Sewell entities] Sprint Corporation
T-mobile
RE47813
7:21-cv-09247 Filed Social Positioning Input Systems LLC [Leigh Rothschild, Patent Asset Management] Nexcelerate LLC Dba Btrackingcom 9261365
6:21-cv-01152 Filed Peter Pedersen Google LLC 6965920
2:21-cv-00422 Filed Be Labs Inc Panasonic Corporation Of North America 7827581
9344183
1:21-cv-19918 Filed Puma Biotechnology Inc
Wyeth LLC
Sandoz 7399865
1:21-cv-06279 Filed Baby Brezza Enterprises LLC Housingez Inc 8584901
4:21-cv-01247 Filed Hyper Ice Inc Playmakar Inc 10912708
6:21-cv-01168 Filed Sonrai Memory Limited [Magentar Capital, Atlantic IP] Western Digital 6920527
6724241
6:21-cv-01170 Filed PINEAPPLE34 LLC [George Gordon, poss. the Sitting Man entities[ Asustek Computer Inc 7181252
7068499
6:21-cv-01172 Filed Smarter Agent Redfin Corp 7457628
9002371
7599795
9754317
8473199
9754333
8442550
9183584
6:21-cv-01179 Filed Decapolis Systems LLC [Raymond Anthony Joao] Lone Star Circle of Care 7490048
7464040

 

Image Source: Deposit Photos
Image ID:3834376
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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.

Discuss this

There are currently 8 Comments comments. Join the discussion.

  1. Pro Say November 17, 2021 4:32 pm

    “‘I would take into consideration the fact that Patent Owner has asserted the ’854 patent, as well as several related patents, against a multitude of defendants in multiple proceedings in various district courts and the ITC.'”

    Careful what you wish for.

    Because such a consideration would also conversely warrant considering . . . when a Patent Owner has merely asserted against one, or no more than a few, defendants.

    Fair is fair.

  2. bart November 17, 2021 5:46 pm

    Stroud says:
    It would be interesting to know just how many meritorious petitions have been denied under Fintiv, only to have their cases settle, trial schedules pushed back, cases transferred, or some other event that eliminated the basis of the original ruling—and how many wish their panel had followed suit.

    It would be even more interesting to know just how many meritorious court cases have been stayed due to the PTAB, only to have their cases settle, trial schedules pushed back, cases transferred, or some other event that eliminated the basis of the original ruling—and how many wish the court had followed suit.

  3. B November 18, 2021 12:24 am

    The real issue behind the curtain is: would you rather trust your hard-earned patent portfolio to twelve randomly drawn individuals or three government employees from an organization with a known and measured anti-patent bias?

    I’ve had APJs lie to my face and later deliberately misrepresent the record while accusing me of misrepresenting facts in their decision. Total sleazebags. I first contacted the Virginia Bar for advice. I then contacted the Chief APJ and threatened a suit in equity with the support of the Virginia Bar to force them to recant. I saved the receipts btw.

    Hence, I tend to favor Albright.

  4. Night Writer November 18, 2021 6:25 am

    Great post.

  5. Josh Malone November 18, 2021 11:17 am

    Crumbley works for the USPTO. His colleagues down the hall approved that patent and his boss signed it just last year. He should apply to be an examiner or quality assurance specialist he is so concerned about the welfare of corporations accused of infringing the property right granted by his employer. The USPTO has exclusive jurisdiction of patent applications, that is where they should focus, rather than nullifying their own work to pull the rig out from inventors.

  6. Greg DeLassus November 18, 2021 2:43 pm

    The USPTO has exclusive jurisdiction of patent applications, that is where they should focus, rather than nullifying their own work…

    Agreed. Structurally, it would be better if the body of experts in charge of examining patent applications pre-grant were separate from the body of experts reviewing that work. It creates a poor set of incentives when one can pay one institution to get a patent and then pay the same institution to tank that same patent. It would be better if the PTAB were hived off the USPTO and made into a special set of Art IIi courts, with an exclusive jurisdiction over validity issues (of all varieties), and a requirement for scientific training as a prerequisite to appointment to this bench.

  7. mike November 18, 2021 3:09 pm

    Crumbley believes that, because now multiple corporations are infringing, now is the time for the USPTO to give serious consideration to the merits of the claimed invention? If that’s the case, then what exactly was it that the USPTO issued? Because it sure doesn’t sound like what a patent is supposed to be. Sounds more like toilet paper. Actually less than toilet paper, because toilet paper at least has utility of cleaning sh– up.

    The comment @5 is straight up truth:

    Crumbley’s colleagues down the hall approved that patent and his boss signed it just last year. He should apply to be an examiner or quality assurance specialist if he is so concerned about the welfare of corporations accused of infringing the property right granted by his employer. The USPTO has exclusive jurisdiction of patent applications, that is where they should focus, rather than nullifying their own work to pull the rig out from inventors.

    When is the patent office going to take credit for their own work? Until the patent office does this, both inventors and investors don’t have any guaranteed instrument of trust. Article I, Section 8, Clause 8 says to promote the Progress of Science and useful Arts. Not demote the progress. The America Invents Act and the PTAB experiment really needs to go.

  8. Model 101 November 19, 2021 6:34 pm

    B…sleazebag is too kind a word for those crooks!

    Also….go Judge Albright…inventors support you!

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