Patent Filings Roundup: Sitnet LLC Patents Challenged; Touchmusic Launches First Campaign; NPE Activity in UPC Ramps Up

This week was an above-average one for patent filings in both the Patent Trial and Appeal Board (PTAB) and in district courts. The PTAB had two new post grant review (PGR) petitions and 39 new inter partes review (IPR) petitions, for a total of 41 new filings. And the district court also had heightened activity with 75 new filings.

Nearly one-third of the new PTAB filings were IPR petitions (12 petitions total) filed by FreeWheel Media, Comcast, and Beeswax.io, challenging four Almondnet Inc. patents. Other notable filings include three petitions challenging three SitNet LLC [third party funded] patents filed by Meta Platforms Inc. Similarly, Samsung filed three petitions challenging three Sung Chien Min patents. Two Electronics and Telecommunications Research Institute Etri patents were challenged in two IPRs filed by T-Mobile while two Umbra Technologies Ltd. patents were challenged in two IPRs filed by Cisco. Microchip Technology Inc. filed four IPRs, challenging one Aptiv Technologies Ltd. [BorgWarner Incorporated] patent.

The PTAB issued 15 institution decisions this week with only one denial and granting institution in the remaining 14 petitions, including granting two petitions filed by Mercedes-Benz challenging two Daedalus Prime LLC [Daedalus Group LLC] patent; granting two petitions filed by Juniper Networks challenging two Orckit Corp. patents; and granting two petitions filed by SharkNinja challenging Dyson patents.

The PTAB also issued nine final written decisions this week, ruling in favor of the petitioner on all challenged claims in eight of those decisions, including decisions in four IPRs filed by Instacart and Maplebear invalidating claims of four Consumeron LLC patents, decisions in two IPRs filed by major streaming companies (Disney, Netflix, Google, and Hulu) invalidating claims in one Wag Acquisition LLC patent, and invalidating claims and denying a motion to amend in an IPR filed by Mgm Resorts against Gan Ltd.

Meanwhile, at the district court, Communication Interface Technologies LLC [Equitable IP Corporation] filed eight new complaints and InnoMemory LLC [Jeffrey M. Gross] filed nine new complaints. American Regent Inc. [Daiichi Sankyo Company Limited], Valtrus Innovations Ltd [Key Patent Innovations Limited], and Dyson [Beeswax Holdings UK Limited] also filed two new complaints each. Additionally, Authwallet LLC [Dynamic IP Deals, LLC (d/b/a DynaIP)] revived its transaction processing campaign with five new complaints filed.

Media Key LLC [Jeffrey M. Gross] began a new campaign this week asserting one patent in five new complaints. Touchmusic Entertainment LLC launched its first campaign this week with three new complaints (discussed below). Earin AB [Qamcom Group] and Keysoft Inc. also began new campaigns this week with two new filings each.

SitNet LLC Patents Challenged

Third party-funded SitNet LLC filed suit against Meta Platforms, Inc. in July of 2023 in the Southern District of New York, asserting four patents generally related to “establishment of a situational network” and targeting Facebook functions including the Facebook Safety Check/Crisis Response that allows users to mark whether they are safe from a dangerous incident and targeted advertising provided by Facebook Ad Platform / Meta’s Marketing API. Meta challenged each of SitNet’s patents in IPRs this week.

Touchmusic Launches First Campaign

Touchmusic Entertainment LLC launched its first campaign this week, filing complaints against Netflix Inc., Apple Inc., and Amazon. The complaints assert a single patent, related to “real-time music distribution,” and generally targets defendants’ music delivery platforms including Netflix’s Watch Instantly service, Apple’s iTunes, and Amazon’s CloudFront. Interestingly, per the complaint, the patent expired on March 5, 2018, meaning that with filings on March 2 (against Amazon and Apple) and March 3 (against Netflix), the patent owner is seeking damages for just 4 and 3 days of alleged infringement, respectively.

Third NPE Files Lawsuit in UPC

Lionra Technologies [associated with Magnetar Capital] has filed suit against Cisco in the Unified Patent Court (UPC), which marks the third non-practicing entity (NPE) case filed with the UPC. Lionra is currently also involved in litigation against Cisco in U.S. district court (as well as other defendants, including VMWare, Fortinet, and Palo Alto Networks).

NPE activity at the UPC—which hears cases regarding infringement and revocation proceedings for European patents for all EU Member States having ratified the UPC Agreement—was initially slower than expected. However, as we have seen, NPE activity has ramped up in recent months.

Links to the cases discussed above and more are available in the Weekly UP, which can be found here.

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