As we finish up the year, the high district court termination rate continues; 85 terminations this week, including a fair amount of transfers, rounded out a normal PTAB week (29 filed) and a slightly depressed litigation week (with 50 new complaints).  Of those new complaints, Raymond Anthony Joao’s Decapolis Systems LLC continues to add, shall we say, optically compromising defendants to their health records campaign, this week suing a small Texas pediatrics practice, Chisholm Trail Pediatrics Inc. on two patents, 7,464,040 and 7,490,048.  The case is 6:21-cv-01273, filed, of course, in the Waco court.  This in addition to two other suits this week against local Texas healthcare providers, one the University Medical Center Foundation of El Paso, the other Texas Dermatology and Laser Specialists PLLC.  A number of pharma suits, the usual smattering of new Cedar Lane complaints against small companies, and a number of anticounterfeiting ex parte TRO cases with patent claims against sealed laundry lists of foreign defendant online sellers—notably, one filed by a Chinese company on their U.S. patent against others—rounded out the week. Some highlights:

Apparent Fortress Entity Sues LG on TVs in ED Tex: The apparently Fortress-backed Constellation Designs LLC has sued foreign defendant LG and their Alabama subsidiary on their TVs; the seven-patent cases contains detailed allegations, including some abortive attempts at licensing negotiations.  The corporate disclosure statement required by the court suggests that Constellation Designs LLC is owned in part (more than 10%) by CFIP CD, LLC, an entity associated with the variegated Fortress/Softbank constellation of subsidiaries.  The patents purport to read on the ATSC 3.0 broadcasting standard.  Those patents include U.S. 8842761, 11018922, 10567980, 9743290, 11039324, 11019509, and 10693700.

Vector Chip Suit Runs into Board: Funded Monterey Research LLC semiconductor portfolio loses big at the Board: For the past two weeks, final written decisions have been trickling out of the Board from a set of petitions filed by Advanced Micro Devices, Inc., Qualcomm, Nanya Technology, Marvell, and STMicro, after a series of litigations against the chipmakers. The litigation-funded Vector Capital (they own IPValue) semiconductor campaign doesn’t appear to be going well, as the earlier cases are generally stayed in light of the challenges, but as the portfolio runs into the thousands of patents (all formerly Cypress Semiconductor), they’ve recently added two new suits against AMD and Broadcom on other patents in the portfolio.  The latest, IPR2020-01017, cancelled all challenged claims of the 6,961,807 patent.  At least the earlier-asserted part of the portfolio appears to be in shambles following the latest string of decisions by the Board.  The cases, run by IPValue Management (d/b/a IPValue), were originally filed in Delaware but the newer suits are seeking venue in the Western District of Texas’s Waco Court where Alan Albright is the sole presiding judge.

Georgia GamePad Company Fires Off DJ For Demand Letter Abuse: A small video game controller company, Junk Food Custom Arcades LLC, filed a DJ this week against entity of unknown origin Hit Box LLC on a single patent, U.S. 10,022,623, related to ergonomic controllers, alleging demand letter abuse under Georgia’s demand letter law.

Image Source: DepositPhotos Author: artursz ID: 342588184

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.

Tags:Guest Contributor, intellectual property, inter partes review, IPR, patent, patent filings roundup, patent infringement, Patent Litigation, patent office, Patent Trial and Appeal Board, post grant procedures, PTAB, USPTO

Posted In:IP News, IPWatchdog Articles, Litigation, Patents, USPTO

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