This week we saw slightly below average numbers of patent filings at both the Patent Trial and Appeal Board (PTAB) and in district court. In the PTAB, there were 21 new filings—all inter partes reviews (IPRs). Samsung filed three petitions challenging three patents held and asserted by Collision Communications [associated with Concert Technology Corporation]. Five Intellectual Ventures [associated with Intellectual Ventures LLC] patents were challenged this week, in six IPRs. TCL and Lenovo each filed a petition challenging the same Intellectual Ventures II patent, Lenovo also filed another three petitions, challenging three patents held by Intellectual Ventures II, while Early Warning Services LLC filed the sixth petition, challenging an Intellectual Ventures I patent.
With respect to institution decisions, the PTAB issued 14—split evenly between granting institution and denying institution. Apple saw mixed results in its petitions challenging Carbyne Biometrics LLC [associated with Bjorn Markus Jakobsson] patents (discussed further below). Tesla also saw mixed results in its IPRs challenging two Iqar (f/k/a Invently Automotive, Inc.) patents with the PTAB granting institution for one petition and denying institution on the merits for the second. Visa saw success in its five IPRs challenging four Cortex Mcp Inc [associated with Uphold HQ, Inc.] patents (Four of these IPRs were instituted, while the fifth IPR was procedurally terminated due to consolidation with the other IPR challenging the same patent).
The PTAB issued 13 final written decisions this week. The PTAB found all challenged claims unpatentable in three of IPRs challenging two Netlist Inc. patents (filed by Samsung, and in some cases jointly filed by Samsung and Micron). Interestingly, a jury verdict issued in May of this year found that Micron had infringed the claims of one of the patents rendered invalid in the decisions this week. The PTAB also found all challenged claims unpatentable in two of Canon’s IPRs challenging two Slingshot Printing LLC patents. Google saw success in two IPRs challenging two Flypsi Inc. (d/b/a Flyp) patents with the PTAB finding all challenged claims unpatentable in both cases. However, the PTAB found no challenged claims unpatentable in Google’s IPR challenging one Parus Holdings Inc. patent.
There were 46 new filing in district court this week with over half of the filings coming from just four entities. Amadora Systems LLC [associated with Raymond Anthony Joao] launched a new campaign this week filing ten lawsuits (discussed further below). VDPP continued its single-patent campaign, filing seven new lawsuits this week. AGIS Software Development LLC [associated with AGIS Holdings Inc.] also filed five new lawsuits. HyperQuery LLC [associated with Jeffrey M. Gross] filed four new lawsuits asserting a single patent (discussed further below).
Mixed Results in Carbyne Biometrics Patent Challenges
Carbyne Biometrics filed its sole case against Apple in March of 2023 in the Western District of Texas, asserting six patents, which, as characterized in the complaint, include three “authentication patents” and three “fraud reduction patents.” The complaint targets Apple’s “Secure Enclave,” including its use with Face ID, Touch ID, and Password Autofill and other security measures, on in all of its M-Series Macs and A-Series iOS devices. Five of these patents were asserted for the first time against Apple, while one of the authentication patents was previously asserted against Samsung by RightQuestion, LLC back in 2021.
Apple filed seven IPRs challenging each of the patents (two IPRs challenging a single patents) in January of this year. One of these patents had previously been challenged in an IPR by Samsung during the RightQuestion litigation, but was denied institution. Last month, the PTAB granted institution in two of these IPRs, including an IPR challenging the patent previously asserted against Samsung. This week, the PTAB issued institution decisions in the remaining five IPRs. While Apple received favorable institution decisions in three of the IPRs, the PTAB denied institution in two of the IPRs, which both challenged the same patent. As a result, five of the six patents asserted in the case are pending before the PTAB, while one patent has survived PTAB review.
New Campaign Launched by Amadora Systems LLC
Amadora Systems LLC [associated with Raymond Anthony Joao], as Texas-based entity, filed ten new lawsuits this week, all in the Eastern District of Texas. The complaints assert three patents which, according to the complainst, generally relate to “systems which provide enhanced security features against theft and/or fraud for persons performing card transactions.” All three patents are asserted against each of the ten defendants, which include various financial institutions, such as JPMorgan Chase Bank and other regional banks. The complaints target defendants’ provision of ATMs that include “integrated technologies which enable video and/or audio surveillance.”
HyperQuery Campaign Revived
HyperQuery LLC [associated with Jeffrey M. Gross] has begun filing new lawsuits this week after resolving its previously filed cases in October of last year. HyperQuery began filing lawsuits in January of 2023, asserting two patents—one relating to providing web addresses in response to queries and the second relating to downloading applications over a communication network—sagainst LG Electronics. Filings continued through September, 2023, adding ASUSTeK, HP, Samsung, OnePlus, TCL Electronics, and ZTE as defendants. The complaints targeted products with “pre-installed Google Play store that provides different apps such as gaming, movies, TV shows, etc. to the user” and “pre-installed Google Search engine that takes into account the configuration parameter of the device to provide the most relevant results.”
These cases had resolved by October, 2023, but this week saw four new filings by the HyperQuery (three in the Eastern District of Texas and one in the Western District of Texas). The new complaints, filed against Sony, Roku, Amazon, and Nintendo asserts only one patent, which was asserted in the majority of the previous cases. The new complaints target the respective app stores offered by each of the defendants (e.g., Roku Channel, PS5 store, etc.).
Links to the cases discussed above and more are available in the Weekly UP, which can be found here.
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Author: lightsource
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