IP Edge Denied Stay of Mandate Pending Potential SCOTUS Bid; Director Review Granted Regarding Indemnification Agreement

patent applicationOnly 24 new lawsuits were filed last week, making it a fairly low district court week for patent applications. The impact of lower filing rates from IP Edge is starting to show in the overall numbers (link behind paywall). The week also saw the average number of all inter partes reviews (IPRs) submitted to the Patent Trial and Appeal Board (PTAB).

A number of pending IP Edge disputes were resolved last week. At first glance, the lawsuit against Bell Semiconductor/Hilco Capital looks like the entire semiconductor industry is beginning to settle. RPX and other mechanisms are unknown, but could be a group contract for so many parties to simultaneously resolve such a wide range of disputes. Some Jeff Gross entities resolved, but not more than usual. Google dropped a suit on his Jawbone in his Fortress vehicle, but it looks like a refining. The same week, Zoom laid off 1,300 of his employees and was tagged in another lawsuit. This time by AK Meeting IP LLC, funded/managed by the Pueblo Nuevo LLC Group and on several patents. Target, BestBuy, and other retailers were targeted wearing scattered suits. Finally, Oracle has filed what appears to be his sealed DJ lawsuit against his longtime litigant Vilox Technologies LLC for several patents.

Qualcomm and Samsung have filed IPRs for Intel’s Daedalus Prime portfolio (run by Ed Gomez) this week, which didn’t surprise anyone. Amazon has filed an IPR against Jawbone. Jawbone is a Fortress IP entity claiming patents from a now-defunct speaker company. Apple has filed an IPR against Speir Technologies, which is backed by Magnetar Capital.

IP Edge Asks, Court of Appeals for the Federal Circuit Denies Order of “Adversary” Chief Justice Connolly, In Light of Desire to Seek Supreme Court Review: The Court of Appeals for the Federal Circuit has dismissed a full forum appeal from the panel’s earlier denial of the Mandams warrant from Nimitz Technologies, LLC, an affiliate of IP Edge. In his 80-page ferocious order after Nimitz asked Mandoms, Judge Connolly explained his reasons behind enforcing the disclosure requirement for litigation funds and how his courts have been affected by various subsidiaries related to IP Edge. Remember what I disclosed about the dozens of submissions to not disclosed as IP Edge recently sought a stay of its mandate in light of its public statements that it wants a Supreme Court hearing, but was denied. look motion to maintain the mandate of Nimitz Technologies LLC; Nimitz Tech. LLC vs. Bloomberg et al.No. 23-103, ECF 59 (2 February 2023; Order, Nimitz Tech. LLC vs. Bloomberg et al., No. 23-103, ECF 62 (7 February 2023). It is worth noting that IP Edge appears to be pitching its litigation activities to litigation funders and investors through his private equity fund manager Tecumseh Alternatives, LLC.

ADDITIONAL DISCOVERY ALLEGATIONS GRANTED IN THE NETLIST DIRECTORS REVIEW INDEMNIFICATION AGREEMENT: In a case recently granted review by the USPTO Director, Fortress’ IP-backed netlist was reversed, and the district court’s findings and commentary linked a potential time bar associated with the 10-year-old claim. tended to indicate the existence of relevant indemnification agreements.the case is Samsung Electronics Co., Ltd. vs. Netlist, Inc.(an entity sponsored and funded by Fortress IP), IPR2022-00615, which includes complex fact patterns of products sold, district court complaint disclosures and timing.

PTABs (25)

case number action owner petitioner patent
PGR2023-00017 filed UPL Co., Ltd. Syngenta Crop Protection AG 11445727
IPR2023-00538 filed Umstead Railway Company [Amsted Industries Incorporated] Ham Industrial Technology Co., Ltd. 9365223
IPR2023-00553 filed Zilkr Cloud Technologies LLC
Shango Corp LLC
Orisha Holdings LLC
Cisco Systems, Inc. 9210254
IPR2023-00534 filed Daedalus Prime LLC [Daedalus Group LLC] Samsung Electronics Co., Ltd. 10319812
IPR2023-00550 filed Daedalus Prime LLC [Daedalus Group LLC] Samsung Electronics Co., Ltd.
Samsung Electronics America, Inc.
Qualcomm Inc.
8775833
IPR2023-00548 filed Green Thread, LLC Intel Corporation 8421195
IPR2023-00458 filed Fortinet Corporation Netscope Inc. 9280678
IPR2023-00484 filed Polaris PowerLED Technologies, LLC [Microchip Technology Incorporated] Samsung Electronics Co., Ltd.
Samsung Electronics America, Inc.
8217887
IPR2023-00559 filed Jawborn Innovations LLC Amazon.com 8503691
IPR2023-00478 filed ACERTA PHARMA BV [Astrazeneca PLC] Sandos Co., Ltd. 10272083
IPR2023-00562 filed Daedalus Prime LLC [Daedalus Group LLC] Samsung Electronics Co., Ltd. 10727183
IPR2023-00456 filed Fortinet Corporation Netscope Inc. 11036856
IPR2023-00535 filed Daedalus Prime LLC [Daedalus Group LLC] Samsung Electronics Co., Ltd. 10319812
IPR2023-00541 filed Green Thread, LLC Intel Corporation 9190502
IPR2023-00476 filed 138 East LCD Advancement Limited [Vector Capital Corporation] Chongqing HKC Optoelectronics Technology Co., Ltd. 7335913
IPR2023-00547 filed Daedalus Prime LLC

[Daedalus Group LLC]

Samsung Electronics Co., Ltd.
Samsung Electronics America, Inc.
Qualcomm Inc.
10705588
IPR2023-00543 filed Spear Technologies Inc. [Atlantic IP Services Limited] Apple 7765399
IPR2023-00542 filed Spear Technologies Inc. [Atlantic IP Services Limited] Apple 7765399
IPR2023-00457 filed Fortinet Corporation Netscope Inc. 9231968
IPR2023-00552 filed Green Thread, LLC Intel Corporation 11121222
IPR2023-00475 filed 138 East LCD Advancement Limited [Vector Capital Corporation] Chongqing HKC Optoelectronics Technology Co., Ltd. 7116390
IPR2023-00459 filed Fortinet Corporation Netscope Inc. 10084825
IPR2023-00195 filed Sentient Sensors LLC Xilinx 6938177
IPR2023-00563 filed Daedalus Prime LLC

[Daedalus Group LLC]

Samsung Electronics Co., Ltd. 10727183
IPR2023-00561 filed Jawborn Innovations LLC Amazon.com 8503691
IPR2022-00367 Enacted XR Communications LLC Apple
HP Co., Ltd.
Amazon.com
Amazon.com Services, LLC
Samsung Electronics Co., Ltd.
10715235
IPR2022-01351 Enacted Winview Co., Ltd. [Engine Gaming & Media, Inc.] Draft Kings Co., Ltd. 9878243
IPR2022-01217 Enacted Charge Fusion Technologies, LLC Tesla Inc. 10998753
IPR2022-01188 Enacted Carolyn W. Hafeman Google LLC
microsoft
10325122
IPR2022-01362 Enacted XR Communications LLC Samsung Electronics Co., Ltd.
Samsung Electronics America, Inc.
Google LLC
10715235
IPR2021-00044 final decision Advanced Bionics AG [Sonova Holding AG] Med-El electromedical equipment Ges.mbH 8155746
IPR2020-01016 final decision Advanced Bionics AG [Sonova Holding AG] Med-El electromedical equipment Ges.mbH 8155746
IPR2021-01333 final decision Nantes Holdings IP, LLC [NantWorks, LLC] Bank of America, NA 7899252

district court (24)

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