District 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 |
|
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Image ID:3834376
Copyright:gunnar3000
Jonathan Stroud
Jonathan Stroud is General Counsel at Unified Patents, LLC, where he manages a growing team of talented, diverse attorneys and oversees a docket of administrative challenges, appeals, licensing, pooling, and
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8 comments so far.
Model 101
November 19, 2021 06:34 pmB…sleazebag is too kind a word for those crooks!
Also….go Judge Albright…inventors support you!
mike
November 18, 2021 03:09 pmCrumbley 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:
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.
Greg DeLassus
November 18, 2021 02:43 pmThe 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.
Josh Malone
November 18, 2021 11:17 amCrumbley 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.
Night Writer
November 18, 2021 06:25 amGreat post.
B
November 18, 2021 12:24 amThe 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.
bart
November 17, 2021 05:46 pmStroud 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.
Pro Say
November 17, 2021 04:32 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.