June 10, 2013, Seven New IPR’s Filed; including the 300th IPR

Corning Gilbert Inc. filed IPR2013-00342 and IPR2013-00340 on U.S. Patent No. 8323060 on Coaxial Cable Connector having Electrical Continuity Member; IPR2013-00343 and IPR2013-00345 on U.S. Patent No. 8313353 on Coaxial Cable Connector having Electrical Continuity Member; and IPR2013-00346 and IPR2013-00347 on U.S. Patent No. 8287320 Coaxial Cable Connector having Electrical Continuity Member; Infinera Corporation filed IPR2013-00339 on 6888661 on Square Filter Function Tunable Optical Devices.

June 10, 2013, Court Declines to Stay Litigation Before Claim Construction

In National Oil Well Varco, LP v Omron Oilfield & Marine, Inc., A-12-CA-77-SS (W.D. Texas June 10, 2013), Judge Sam Sparks of the Western District of Texas denied without prejudice defendant’s motion to stay the litigation pending the resolution of an Inter Partes Review defendant filed challenging the patent in suit.  The Court noted that the parties had largely completed their Markman briefing when defendant “opened up a second front” in its legal battle by filing a petition for Inter Partes Review.  Judge Sparks noted that it woudl be at least five months before the court would know whether an Inter Partes Review had even been declarated, and possibly two years before it was completed.  The Court concluded that it would be a waste of judicial resources to stay the case when the matter is so close to issuance of a Markman order, noting at least one other court that denied a stay in a similar situation.  Universal Elecs., Inc., v Universal Remote Control, Inc., SACV 12-00329 AG, 2013 WL 1876459, at *1 (C.D. Cal. May 2, 2013).  The Court noted taht given other aspects of this case, such as non-Markman discovery having not yet proceeded, a stay might be well taken after a Markman orider has issued, and denied the Motion without prejudice.

 

June 7, 2013, Six New IPRs Filed

On June 7, 2013, Randus Flooring, Inc., filed IPR2013-00333 on U.S. Patent No. 8381473 on System and Method for Floor Covering Installation. Mobotix Corp filed IPR2013-00334  6/7/2013 on U.S. Patent No. 7733371 on Digital Security Multimedia Sensor; IPR2013-00335  on U.S. Patent No. 7228429 on Multimedia Network Appliances for Security and Surveillance Applications; and IPR2013-00337 on U.S. Patent No. 7023913  on Digital Security Multimedia Sensor.  JDS Uniphase Corporation filed IPR2013-00336 on U.S. Patent No. 6430332 on Optical Switching Apparatus.  Gatekeeper Systems, Inc., filed IPR2013-00338 on U.S. Patent No. 7493979 on Power-Assisted Cart Retriever with Attenuated Power Output.

June 4, 2013, Five New IPR’s Filed

On June 4, 2013, Polaris Wireless, Inc., filed IPR2013-00323 on U.S. Patent No. 7783299 on Advanced Triggers for Location-Based Service Applications in a Wireless Location System ;  Intelligent Bio-Systems, Inc., filed IPR2013-00324 on U.S. Patent No. 7057026 on Labelled Nucleotides;  OpenTV, Inc. filed IPR2013-00328 on U.S. Patent No. 6744892 on Method And Apparatus for Geographically Limiting Service in a Conditional Access System, and on IPR2013-00329 on U.S. Patent No. 6252964 on   Authorization of Services in a Conditional Access System;  JDS Uniphase Corporation filed IPR2013-00318 on U.S. Patent No. 7095917 on Optical Switching Apparatus.

May 31, 2013, Three new IPRs filed

On May 31, 2013, Cardiocom, LLC filed IPR2013-00320 on U.S. Patent No. 6612985 on Method and System for Monitoring and Treating a Patient; Oracle Corporation filed IPR2013-00321 on U.S. Patent No. 6631449 on  Dynamic Distributed Data System and Method; and Respironics, Inc., filed IPR2013-00322 on U.S. Patent No. 6681003 on Data Collection and System Management for Patient-Worn Medical Devices.

May 30, 2013

On May 30, 2013, NETAPP, INC. filed IPR2013-00319 on U.S. Patent No. 5978791 on Data Processing System Using Substantially Unique Identifiers to Identify Data Items, Whereby Identical Data Items Have the Same Identifiers.