Articles Tagged with patent

caduceusIn a recent filing, EveryMD LLC—perhaps best known for its (in)famous lawsuit against Rick Santorum, Mitt Romney, Newt Gingrich, and approximately four million Facebook business account holders—is suing Facebook for allegedly infringing on its patent on its system for online communication that underlies its model for allowing patients to email doctors directly. According to the complaint, the patent at issue is U.S. Patent No. 8,499,047, entitled “Method, apparatus and business system for online communication with online and offline recipients.”

According to the EveryMD.com website:

EveryMD’s Doctor E-Mailer service is a unique, free, patent-pending system that allows your office to receive online prescription refill requests and requests for scheduling appointments from patients on your office’s existing fax machine.

Massachusetts company Lexington Luminance LLC (“Lexington”) filed a lawsuit against Google, Inc. yesterday, November 29, in the U.S. District Court for the District of Massachusetts. It its complaint, Lexington alleges that Google’s Nexus 7 and other similar products infringe on a patent the company owns.

According to the complaint, the patent at issue, U.S. Patent No. 6,936,851, is entitled “Semiconductor Light-Emitting Device and Method for Manufacturing Same” and was issued to Lexington in 2005.

A Massachusetts business entity search reveals that the registered agent of Lexington is Tien Yang Wang, the inventor of the patent at issue. Organized in July 2012, the business has stated as its purpose “Technology Research and Development.”

On Friday, a California company called Innovative Automation LLC filed a lawsuit against Apple Inc. Filed in the U.S. District Court for the Eastern District of Texas, the complaint alleges that Apple’s iCloud product infringes on a patent owned by Innovative Automation.

The first patent at issue, U.S. Patent No. 7,174,362, is entitled “Method and System for Supplying Products from Pre-Stored Digital Data in Response to Demands Transmitted via Computer Network” and was issued in 2007. Innovative Automation claims that Apple’s iCloud product and service infringes on this patent in the way that it duplicates digital data.

The complaint also alleges that iCloud infringes on a second patent owned by the plaintiff—U.S. Patent No. 7,392,283, entitled “Method and System for Supplying Products from Pre-Stored Digital Data in Response to Demands Transmitted Via Computer Network” and issued in 2008. According to the complaint, Apple’s iCloud product and service infringes on this patent for the same reason as its other patent.

According to a business search through the California Secretary of State, the company Innovative Automation was created in 2011 and is based in San Jose, the heart of Silicon Valley. Its registered agent is Sungil Lee, who is CEO of an education software company called Innovative Knowledge, Inc. Lee is also named as the inventor of both patents at issue in this case.

As the blog Patently Apple points out, “this plaintiff has filed a similar lawsuit against Amazon within the last 24 hours claiming that their Kindle and distribution service “Cloud Player” violates the very same patents used against Apple.” Continue reading →

Yesterday, on November 12, 2012, Texas company NovelPoint Tracking LLC filed a lawsuit against Apple Inc. for patent infringement. Brought in the U.S. District Court for the Eastern District of Texas, the suit alleges that certain Apple products, and specifically the iPhone 4S, infringe on a patent owned by the plaintiff.

That patent, U.S. Patent No. 6,442,485, is entitled “Method and Apparatus for an Automatic Vehicle Location, Collision Notification, and Synthetic Voice,” and was registered with the USPTO on August 27, 2002. NovelPoint Tracking asserts that it is the exclusive owner of all rights, title, and interest in the patent, which was originally invented by Wayne W. Evans. The patent essentially describes using a method of using a GPS module to determine a vehicle or product’s location.

Relatedly, NovelPoint Tracking recently brought a lawsuit against Ford, alleging that its SYNC project infringes on two of its patents—6,442,485 (the patent at issue in the case against Apple) and 6,266,617.

Last Friday, Intercarrier Communications LLC (“ICC”), a Texas limited liability company, filed lawsuits against at least thirteen different technology companies, including Apple Inc. Other defendants include the makers of such popular apps as TextNow and PingChat! (by Enflick), Viber, WhatsApp, and Glympse. The lawsuits were filed in the U.S. District Court for the Eastern District of Virginia, which seems on its face unusual for a Texas company.

In its suit against Apple, ICC alleges that Apple Messages and FaceTime products for iOS and OS X infringe on a patent it owns, U.S. Patent No. 6,985,748. According to its description, that patent is entitled “Inter-carrier Messaging Service Providing Phone Number Only Experience” and was invented by Chris Knotts. All of Knotts’s registered patents are related to inter-carrier messaging. According to the Texas Comptroller of Public Accounts, ICC registered with the Secretary of State on April 23, 2012.

Complaint in Intercarrier Communications LLC v. Apple Inc.

Yesterday, WhitServe LLC filed a lawsuit against Apple alleging infringement of a patent WhitServe owns. Filed in the U.S. District Court for the District of Connecticut, the lawsuit

The patent, U.S. Patent No. 7,921,139, is described as a “System for sequentially opening and displaying files in a directory.” Invented by Wesley W. Whitmyer, Jr.—sole member of WhitServe LLC according to a business search for the Connecticut company—the patent was filed December 1, 2006.

The allegedly infringing Apple products include Mac OS X Leopard, Mac OS X Lion, and Mac OS X Mountain Lion. According to the complaint, Apple introduced the “Quick Look” feature into its operating system with the release of Mac OS X Leopard on October 26, 2007—nearly one year after the patent at issue was filed. The complaint describes the Quick Look feature as allowing a user to “instantly preview almost any file, and even play media files, without opening an application.”

After detailing 37 ways in which Quick Look infringes on the plaintiff’s patent, the complaint asks for injunctive relief as well as damages for harm suffered.

Unlike many patent lawsuits against the technology giants like Apple, this suit stands out as being by the actual inventor of the patent at issue, rather than merely a patent holding company. Whether the merits of the suit will pan out for the plaintiff remains to be seen. Continue reading →

According to a new infringement lawsuit filed Tuesday in federal court (read it below), the Google Wallet app violates a Canadian resident’s U.S. patent.

Plaintiff Peter Sprogis holds U.S. Patent No. 7,298,271 for a “Method and apparatus for providing awards using transponders.” The ‘271 patent abstract describes a customer loyalty program using ‘electronic data storage elements’ (EDSE) like RFID tages can be used to encourage customer loyalty by offering coupons or loyalty points for visiting a business.

Sprogis accuses Google of infringing at least nine claims listed in his patent.

The plaintiff’s claims appear to paint a wide swath over Google’s app. Google Wallet enables Android phone users to securely store credit and debit card information on their mobile devices to shop locally as well as online. Continue reading →

Apple was hit with a patent infringement lawsuit (read it below) over Siri, the Cupertino, California company’s computer voice search-and-speak technology inside newer iPhones, iPads and iPod Touch devices. The twist in this case, however, is that patent holder Rensselaer Polytechnic Institute isn’t the one suing.

Instead, the plaintiff is Dynamic Advances, LLC, a Tyler, Texas-based company created last year by patent monetizer Erich Spangenberg. The LLC’s members and officers include the Spangenberg Family Foundation and Techdev Holdings.

Spangenberg is known for his sue first, ask questions later approach to patent litigation.

A lawsuit filed Friday in a New York federal court confirms that Dynamic Advances, LLC is a non-practicing entity (NPE) allegedly holding an exclusive license to sue, enforce, and monetize Rennselaer’s patent portfolio:

Dynamic Advances facilitates Rennselaer’s goal of commercializing its patented inventions to the benefit of the general public, and to further Rennselaer’s mission to apply science to the common purposes of life.

Pleadings in the case docket do not currently include a copy of any alleged exclusive patent license agreement between Rennselaer and Dynamic Advances.

The patent at issue is U.S. Patent No. 7,177,798 for a “Natural language interface using constrained intermediate dictionary of results.” The USPTO awarded the patent in 2007. Continue reading →

Evolutionary Intelligence, LLC sued Apple, social media companies Facebook, Twitter, Foursquare, Yelp, Groupon, and Living Social, telecom Sprint Nextel, and mobile advertising network Millennial Media in federal court yesterday, claiming infringement of 2 patents.

Curiously, the names of the patents are virtually identical, although the abstract and specifics are different.

They are:

  1. U.S. patent number 7,010,536, a “System and method for creating and manipulating information containers with dynamic registers,” and
  2. U.S. patent number 7,702,682, a “System and Method for Creating and Manipulating Information Containers with Dynamic Registers.”

Except for the defendants’ names and minor changes to the brief summaries of each defendant’s alleged infringement, the lawsuits essentially appear to cut and paste different defendants from one suit to another.

According to Delaware’s Dept. of State, Evolutionary Intelligence, LLC was formed just over four (4) months ago on June 15, 2012. Each complaint states that the plaintiff has a “principal place of business in San Francisco, California.” Continue reading →

Apple, Inc. was hit with a patent infringement lawsuit Thursday (read it below) alleging that the company’s iPad 3 tablets and Macbook Pro computers violate four light emitting diode (LED) patents. The case was filed in in federal court in Delaware by claimed patent holder LED Tech Development LLC, a Delaware limited liability company based in Tyler, Texas, the city that is a patent litigator’s combat zone.

Each of the four infringement claims, the complaint charges, involve Apple “products utilizing pulse-width modulation signals to drive light-emitting diodes.” Apple’s newest iPad a/k/a the ‘iPad 3,’ and Macbook Pro are named specifically.
Continue reading →