Patent Filings Roundup: Financed IP Edge Patents Back From the Dead; Toyota Challenges InfoGation Patents at PTAB

In a nod to Mark Twain’s famous quote, the rumors of the death of IP Edge are greatly exaggerated. It appears the prolific NPE aggregator has either sold or transferred at least one portfolio (and potentially up to 40) to a new entity, Inferential Capital, LLC, which after hiring, has begun asserting again—more below. On the stats, it was a slightly below average week at both the Patent Trial and Appeal Board (PTAB) and in the district courts. At the PTAB, there were 25 new patent filings, with one post-grant review and 24 inter partes reviews (IPR).

With respect to newly filed challenges, major wireless carriers (AT&T, Nokia, Ericsson, and T-Mobile) filed two IPRs challenging two Daingean Technologies Ltd. [associated with  Magnetar Capital] patents. Vicor Corp. filed four IPRs against three Delta Electronics Inc (while Kholer Co. filed one IPR against the unrelated Delta Faucet Co.). Toyota filed another two IPRs against two InfoGation Corp. patents (discussed below) and MediaTek filed two IPRs against two Mosaid Technologies Inc. patents. Cisco filed one IPR against Orckit IP LLC [Orckit-Corrigent] and also jointly filed two IPRs with Fortinet against InfoExpress Inc.

The PTAB issued 25 institution decisions this week. Ten of these decisions denied institution on the merits, while the remaining 15 granted institution. Denials included three Medit Corp. IPRs challenging three 3shape Inc. and 3shape A patents and three Samsung IPRs challenging two Headwater Research LLC patents [associated with Greg Raleigh]. However, both Medit and Samsung also each received one favorable institution decisions challenging one 3shape Inc. and 3shape A patents and one Headwater Research LLC patent, respectively. Cisco and Juniper Networks Inc. also received favorable institution decisions in two IPRs challenging one Orckit IP LLC [Orckit-Corrigent] patents and Cisco received a favorable institution decision in an IPR challenging a Video Solutions Pte Ltd. [Transpacific IP Group Limited] patent.

The PTAB issued three final written decisions this week, including finding all challenged claims unpatentable in two Askeladden LLC [The Clearing House LLC] challenging one Kioba Processing LLC [IP Investments Group LLC] patent. While G+ Communications LLC successfully defended its patent against one IPR filed by Samsung, with the PTAB finding no challenged claims unpatentable.

Meanwhile, the district court had 49 new filings. Ten of these cases were filed by biomedical companies, including new campaigns by Intra Cellular Therapies Inc. and Arcutis Biotherapeutics Inc. Familiar plaintiffs also continued campaigns this week including the revival of an old campaign by Endobotics LLC, three new filings by Intercurrency Software LLC, and one new filing by Aml IP LLC [associated with Dynamic IP Deals, LLC (d/b/a DynaIP)]. Two Empire IP LLC entities filed new cases this week: IoT Innovations LLC (two new filings) and Obd Sensor Solutions LLC (one new filing).  Two Jeffrey M. Gross associated entities also filed new cases this week: ScanComm LLC and Patent Armory Inc. (one new filing each).

Encryptawave Launches New Campaign Asserting Patents Received From IP Edge

Encryptawave Technologies LLC [associated with Inferential Capital LLC] launched its first campaign this week, asserting one patent generally related to security authentication for wireless communication networks against TCL Electronics Holdings Ltd., Sharp Corporation, and D-Link Corporation.

The asserted patent was previously asserted by Moxchange LLC [associated with IP Edge LLC] against over 30 defendants. The patent was assigned, along with several other patents, to Encryptawave by Moxchange in February of this year. Encryptawave indicated on its corporate disclosure statement that its parent company is Inferential Capital LLC, a Delaware company that was formed in July of last year. According to a recent job listing for a “Co-Founder & Fundraising Expert,” Inferential Capital has acquired 40 patent portfolios. As demonstrated by the Encryptawave filing, at least one of those portfolios was received from IP Edge. On its website, Inferential Capital describes itself as “leverag[ing] its deep technical, legal, financial, and investment management expertise to identify high potential businesses, strengthen their technology/IP portfolios, and fund the efforts to monetize assets and/or grow the businesses.”

InfoGation Patents Challenged

InfoGation filed its first actions against smartphone manufacturers, including HTC, Huawei, and ZTE in 2016, asserting one patent related to distributed navigation systems and accusing the use of Google Maps on those smartphones. Shortly thereafter, Google filed a Declaratory Judgment action against InfoGation Corp the asserted patent. In 2017, InfoGation filed additional cases against each of the smartphone manufacturer defendants, asserting a second, related patent (which were eventually consolidated with the original case). The defendants and Google filed IPRs challenging both of the asserted patents in 2017. Though institution was denied with respect to one of the patents, InfoGation requested adverse judgment with respect to the second patent in those proceedings. Nearly three years after resolution of those cases, InfoGation sued Google directly over one of these patents in 2020, which settled in 2022.

In 2023, InfoGation pivoted and began asserting the surviving patent, as well as three newly asserted patents, against automakers, including BMW, Honda, Toyota, and Ford. This week, Toyota filed two IPRs against two InfoGation Corp. patents, marking the first PTAB challenges against InfoGation’s patents by the accused automakers.

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

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