January is further proof that the America Invents Act (“AIA”) did not slow troll cases or multi-defendant actions (albeit with a separate action for each set of related defendants) by requiring that trolls file separately against unrelated defendants. Perhaps the biggest remaining question is whether courts will treat the separate cases as related, transferred or completely separate, looking to the language of the AIA. If courts combine discovery in these cases then all that is left of this provision of the AIA will be the required separate trials. And there is still a chance we see increased requests to the multi-district litigation panel to transfer cases to a single court for discovery purposes.
As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history.
Finally, please let me know if you have thoughts about the report or changes you would like to see. I am preparing it as a service for retailers and their supply chain who may want an overview of the patent litigation landscape. So, I am very open to ways to improve the report for you.
Network Signatures, Inc. v. Safeway, Inc., (C.D. Cal.) (multiple cases).
Judge: Otero & Nakazato
- Safeway, Inc.
- The Gap, Inc.
Plaintiff: Network Signatures, Inc.
Counsel: One LLP
Patent: 5,511,122 (Intermediate network authentication).
The Tobin Family Education and Health Foundation et al v. Art.com, Inc., (D.N.J.) (multiple cases).
- Art.com, Inc.
- 1-800-Flowers.com, Inc.
- Commerce Technology Licensing, LLC
- The Tobin Family Education and Health Foundation
Counsel: Lerner David Littenberg Krumholz & Mentlik
Patent: 7,505,913 (Method and system for customizing marketing services on networks communicating with hypertext tagging conventions)
Data Distribution Technologies LLC v. PriceGrabber.com, Inc., (S.D.N.Y.) (multiple cases).
- PriceGrabber.com, Inc.
- Kayak Software Corporation
Plaintiff: Data Distribution Technologies LLC
Counsel: Lerner David Littenberg Krumholz & Mentlik
Patent: 6,529,908 (Web-updated database with record distribution by email)
Landmark Technology, LLC v. Hibbett Sports, Inc., (E.D. Tex.) (multiple cases).
- Hibbett Sports, Inc.
- Maidenbrands, Inc.
- Zumiez, Inc.
Plaintiff: Landmark Technology, LLC
Counsel: Parker Bunt & Ainsworth
Patents: 5,576,951 (Automated sales and services system); 6,289,319 (Automatic business and financial transaction processing system); and 7,010,508 (Automated multimedia data processing network).
Select Retrieval, LLC v. Winchester Carpet & Rug Company, (W.D. Va.) & (D. Me.) (multiple cases).
Judge: Urbanski & Torresen
- Winchester Carpet & Rug Company (W.D. Va.)
- L.L. Bean (D. Me.)
Plaintiff: Select Retrieval, LLC
Counsel: Butler Royals
Patent: 6,128,617 (Data display software with actions and links integrated with information).
The JM Smucker Company v. Lodsys LLC, (E.D. Wis.).
Judge: District Judge Charles N. Clevert, Jr.
Claim: Declaratory Judgment
Defendant: Lodsys LLC
Plaintiff: The JM Smucker Company
Counsel: Rothwell Figg Ernst & Manbeck; Whyte Hirschboeck Dudek
Patents: 5,999,908 (Customer-based product design module); 7,133,834 (Product value information interchange server); 7,222,078 (Methods and systems for gathering information from units of a commodity across a network); and 7,620,565 (Customer-based product design module).
Maxim Integrated Products, Inc. v. Starbucks Corporation, (E.D. Tex.) (E.D. & W.D. Pa.) (multiple cases).
Judges: Schell & Baylson
- Starbucks Corporation
- Jack Henry & Associates, Inc. (Declaratory Judgment)
- The Vanguard Group (Declaratory Judgment)
- The PNC Financial Services Group (Declaratory Judgment)
- Capital One Financial Corp.
- Expedia, Inc.
Plaintiff: Maxim Integrated Products, Inc.
Counsel: Agility IP Law; North Weber & Baugh; Spangler Law
Patents: 5,940,510 (Transfer of valuable information between a secure module and another module); 5,949,880 (Transfer of valuable information between a secure module and another module); 6,105,013 (Method, apparatus, system and firmware for secure transactions); and 6,237,095 (Apparatus for transfer of secure information between a data carrying module and an electronic device)
Helferich Patent Licensing LLC v. Nissan Motor Co., Ltd. et al, (D. Ariz.) (multiple cases).
- Midway Holdings, Inc.
- Nissan Motor Co., Ltd.
- Nissan North America, Inc.
- National Basketball Association Incorporated
- NBA Properties, Inc.
Plaintiff: Helferich Patent Licensing LLC
Counsel: Law Offices of Steven G Lisa; Victoria Gruver Curtin PLC
Patents: 7,280,838 (Paging transceivers and methods for selectively retrieving messages); 7,499,716 (System and method for delivering information to a transmitting and receiving device); and 7,835,757 (System and method for delivering information to a transmitting and receiving device).
Patent Group, LLC v. AutoZone, Inc., E.D. Tex.) (multiple cases).
Judges: Folsom & Gilstrap
- AutoZone, Inc.
- BPS Direct, LLC
- BuySeasons, Inc.
- Cheddar’s Casual Cafe, Inc.
- Hulu, LLC
- Academy.com, LLC
- Build.com, Inc.
- Esurance Insurance Services, Inc.
- Stage Stores Inc.
- Yeti Coolers Inc.
Plaintiff: Patent Group, LLC
Counsel: Martin Walker; The Stafford Davis Firm
Patent: 6,603,490 (Web site screen rotation).
ArrivalStar SA et al. v. Burlington Coat Factory Warehouse Corporation, (S.D. Fla.).
Defendant: Burlington Coat Factory Warehouse Corporation
- ArrivalStar SA
- Melvino Technologies Limited
Counsel: McMahon Law Firm
Patents: 6,748,320 (Advance notification systems and methods utilizing a computer network); 6,904,359 (Notification systems and methods with user-definable notifications based upon occurrence of events); 6,952,645 (System and method for activation of an advance notification system for monitoring and reporting status of vehicle travel); and 7,400,970 (System and method for an advance notification system for monitoring and reporting proximity of a vehicle).
GeoTag, Inc. v. Canon Inc. et al., (E.D. Tex.).
- Canon Inc.
- Canon USA, Inc.
Plaintiff: GeoTag Inc.
Counsel: Buether Joe & Carpenter; Ni Law Firm
Patent: 5,930,474 (Internet organizer for accessing geographically and topically based information).
Pragmatus Telecom, LLC v. Advance Auto Parts, Inc., (D. Del.) (multiple cases).
- Advance Auto Parts, Inc.
- United Parcel Service, Inc.
- E*Trade Financial Corporation
- Federal Express Corporation
- Ford Motor Company
- Overstock.com, Inc.
- Scottrade Financial Services, Inc.
- Sirius XM Radio, Inc.
- The Estee Lauder Companies, Inc.
- The North Face Apparel Corp.
Plaintiff: Pragmatus Telecom, LLC
Counsel: DiNovo Price Ellwanger & Hardy; Farnan LLP
Patent: 6,311,231 (Method and system for coordinating data and voice communications via customer contract channel changing system using voice over IP); 6,668,286 (Method and system for coordinating data and voice communications via customer contact channel changing system over IP); and 7,159,043 (Method and system for coordinating data and voice communications via contact channel changing system).
MacroSolve, Inc. v. Facebook, Inc., 6-12-cv-00044 (E.D. Tex.) (multiple cases).
- Facebook, Inc.
- Hyatt Corporation
- Newegg, Inc.
- Wal-Mart Stores, Inc.
- Yelp! Inc.
Plaintiff: MacroSolve, Inc.
Counsel: Antonelli Harrington & Thompson
Patent: 7,822,816 (System and method for data management).