Google, HTC and Others Win Appeal over DRM Techniques

Case Filed: Jan 09, 2014

Case Closed: Jul 16, 2014

Origin Case: 3:13-cv-00194

Case Summary:

Ho Keung Tse, an inventor filed two separate lawsuits in the Eastern District of Texas alleging infringement of a US patent covering user identity verification technologies to protect software from unauthorized use. The first such suit was against defendants Google, Samsung Telecommunications America and HTC, and the second was against Blockbuster. Both actions were transferred to California Northern District Court as the cases were related.

Patent-in-Suit:

The patent involved in the suits was: US6665797 entitled ‘Protection of software again against unauthorized use,’ issued on Dec 16, 2003 and expiring[i] on Dec 01, 2015. According to the complaint, Ho Keung Tse is the sole inventor and owner of the ‘797 patent, duly and legally issued by USPTO. The patent relates to protection of software against unauthorized use or copying.

As in Complaint:

The complaint alleged that Google uses Digital Rights Management (DRM) software and methods, covered under the claims of the ‘797 patent, to protect purchased application programs (apps) from use by an unauthorized user. The cited product was Google Play Store. Samsung and HTC were named in the suit alleging that their smart phones are installed with the accused product. 

Blockbuster was accused of using user identity verification methods for verifying the validity of users’ financial account information, allowing users to have free trials and also preventing them from repeatedly using the free trial services by submitting Blockbuster fake financial account information.

Plaintiff wanted damages awarded for willful and deliberate patent infringement, justifying an increase of damages of up to three times.

District Court Proceedings:

Defendants Google, Samsung, HTC and Blockbuster filed a motion for summary judgment of invalidity based on a lack of written description for which the inventor filed an opposition. The court heard arguments on the motion in Sep 2013 and granted defendants’ motion for summary judgment. Accordingly, in Dec 2013, judgment was entered favoring defendants and against plaintiff.

Appeal Court Proceedings:

In Jan 2014, Ho Keung Tse filed an appeal as district court judgment was not in favor. After hearing the case, the appeal court also affirmed the judgment favoring defendants.

See 2014-1222 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[i] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents. 

Toshiba, Vizio Win Lochner Computer Patent Suit; Appeal Court Remands

Case Filed: Aug 07, 2013

Case Closed: Jun 27, 2014

Origin Case: 8:12-cv-01659

Case Summary:

Texas-based non-practicing entity, Lochner Technologies sued many internet and technology firms including Apple, Cisco, Samsung, Google, Nokia, Vizio, and others over an U.S. patent involving a technique for interconnecting multiple computers, which remain at fixed locations. Other defendants named in the suit were: RIM, Acer, Motorola, HTC, LG, Sony, Panasonic, Roku, NEC, ASUS, Toshiba, Casio, ViewSonic, Unisys and Amazon. The suit was filed in Oct 2012 in California Central District Court.

Patent-in-Suit:

The suit revolved around the patent: US7035598 entitled ‘Modular computer system,’ issued by USPTO to inventors: Scott Lochner and Meir Bartur on Apr 25, 2006 and expired[i] on Sep 13, 2013. Lochner was the last assignee[ii] of the patent (source: MaxVal’s Assignment Database). The ‘598 patent relates to computers and is aimed at providing freedom of movement for a user in operating a computing device in a network and enhancing the possibilities of sharing a single computer system by multiple users.

As in Complaint:

Lochner alleged that defendants infringed the ’598 patent by designing products such as smartphones and tablet computers that wirelessly play streaming video from servers. Some of the products cited were: iPhone, Cius, PlayBooks, Iconia, Galaxy, Droid Bionic, WildFire S, Flyer, Revolution, Nexus, Xperia, Toughbook, Tablet S and P, Eee Slates, Thrives, G’zOne Commando, ViewPads, etc.

Plaintiff requested judgment in favor declaring that each defendant has willfully infringed resulting in enhanced damages and a jury trial.

District Court Proceedings:

In 2011, Unisys was terminated from the case due to voluntary dismissal filed by Lochner. In the following year, claims against Cisco, RIM, Acer, Samsung, Motorola, HTC, LG, Google, Nokia, Sony, Panasonic, Sony, Roku, ASUS, ViewSonic, Amazon and NEC were dismissed with prejudice. In 2013, a joint motion to dismiss Apple and Casio was filed resulting in dismissal of the parties with prejudice.

Vizio and Toshiba filed counterclaims seeking a declaration that the ’598 patent is not infringed and invalid. In Jul 2013, after considering evidence, arguments and all other matters, court entered judgment in favor of defendants, granting motion for summary judgment of invalidity of ‘598 patent. The court ordered:

• asserted claims of the ’598 patent are invalid for lack of adequate written description and failure to claim what the applicant regards as his invention
• counterclaims are dismissed without prejudice
• defendants are entitled to recover costs incurred.

Appeal Court:

In Aug 2013, Lochner appealed district court’s final judgment favoring Vizio and Toshiba. Appeal court concluded that the district court erred in its claim construction analysis of the term “input-output system.” Appeal court vacated district court’s decision on finding the asserted claims as invalid and remanded for further proceedings consistent with new claim construction.

Other Cases:

Lochner has filed nearly a dozen cases since 2009 against Dell, Barnes & Noble, AT Labs etc. asserting the same patent.

See 2013-1551 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

Max-Insight enables you to access all of our patent tools such as Patent Term Estimator, Patent Family Tree, Has This Patent Been Litigated, etc. in one location. Max-Insight is available in 4 different subscriptions: Free, Bronze, Silver and Gold with varying usage levels. To learn more about Max-Insight, click here.

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[i] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.

[ii] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

HTC, Flashpoint Patent Suit over Digital Camera Software to Continue in Delaware

Case Closed: Mar 07, 2014

Judge: Terrence W. Boyle

Case Summary:

Flashpoint Technology filed a patent infringement lawsuit against HTC, FKA High-Tech Computer Corporation, a Taiwanese manufacturer of smartphones. The lawsuit was filed in North Carolina Eastern District Court on Aug 06, 2013. Flashpoint in its complaint claimed that cameras on some HTC Android and Windows Phone devices infringed on patents held by FlashPoint, a former subsidiary of Apple. The patents at issue were:

•       US5812736 entitled ‘Method and system for creating a slide show with a sound track in real-time using a digital camera’ issued on Nov 22, 1998 and expiring* by Sep 30, 2016
•     US5943093 entitled ‘Software driver digital camera system with image storage tags’ issued on Aug 24, 1999 and expiring* by Sep 26, 2016
•     US5986701 entitled ‘Method and system of grouping related images captured with a digital image capture device’ issued on Nov 16, 1999 and expiring* by Sep 26, 2016
•    US6362850 entitled ‘Interactive movie creation from one or more still images in a digital imaging device’ issued on Mar 26, 2002 and expiring* by Aug 04, 2018

The patents are currently assigned± to Flashpoint (source: MaxVal’s Assignment Database). The patents describe a method for creating a slide show with a sound track, image grouping and creation of a movie from one or more images, according to the USPTO documents.

Flashpoint accused the smartphone manufacturer of directly and indirectly infringing their patented technology and cited HTC One as the infringing product.

The complaint said, Flashpoint has been irreparably harmed by the infringement of its valuable patent rights," and added "HTC's unauthorized and infringing uses of the patented systems and methods have threatened the value of this intellectual property."

HTC filed a motion to transfer case to the District of Delaware. Considering numerous factors including the plaintiff’s choice of forum, witness convenience and access and enforceability of judgment, Judge Terrence W. Boyle on Mar 05 granted the motion and ordered the case transferred to Delaware District Court.

See 5:13-cv-00561 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

Max-Insight enables you to access all of our patent tools such as Patent Term Estimator, Patent Family Tree, Has This Patent Been Litigated, etc. in one location. Max-Insight is available in 4 different subscriptions: Free, Bronze, Silver and Gold with varying usage levels. To learn more about Max-Insight, click here.

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* Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents. 

± MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded

HTC Settles Suit against Smart Audio Technologies

Case Filed: Feb 22, 2012

Case Closed: Jan 14, 2014

Court: Delaware District Court

Judge: Gregory M. Sleet

Case Summary:

Smart Audio Technologies filed a patent infringement lawsuit against HTC concerning violation of their patent describing a method for generating and modifying a play list of a random access player. The patent involved in the suit is US6185163 entitled ‘Vehicle audio system having random access player with play list control’. The patent, originally issued to Delco Electronics on Feb 06, 2001 and currently assigned[i] to Smart Audio (source: MaxVal’s Assignment Database), expires[ii] by Oct 16, 2017.

According to the complaint, plaintiff alleged that defendant has infringed the patent by manufacturing and marketing audio devices for generating and modifying a play list of a random access player. Plaintiff cites HTC Wildfire S, as covered by one or more claims of the '163 patent. The complaint stated that Smart Audio will be greatly and irreparably harmed, if the alleged products stay on sale and wanted a permanent ban on sales and unspecified damages.

The case is now concluded as the parties Smart Audio and HTC filed a stipulated motion for dismissal. Upon consideration the Court granted the motion, ordering dismissal of claims with prejudice and counterclaims without prejudice subject to the terms of agreement entitled "Settlement Agreement" dated Nov 30, 2013. Each party will bear their own costs, expenses and attorneys' fees. Terms of settlement were not disclosed.

See 1:12-cv-00221 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

* Expected expiration date using Patent Term Estimator, use our free tool or download our free Android app on Google Play Store. 

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[i] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

[ii] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.

HTC Settle Lawsuit against Rotation Screen Technology

Case Filed: Nov 13, 2012

Case Closed: Oct 07, 2013

Court: Texas Eastern District Court

Judge: Rodney Gilstrap

Case Summary:

Rotatable Technologies filed a complaint against HTC and other defendants for patent infringement over the use of smartphone display technology. The patent in question was US6326978 entitled ‘Display method for selectively rotating windows on a computer display’ issued to Steven John Robbins on Dec 04, 2001 and expiring[i] by Apr 20, 2019. The ‘978 patent is currently assigned[ii] to Rotatable Technologies (source: MaxVal’s Assignment Database).

The patent generally relates to the field of graphical user interfaces and pertains more particularly to a display method for selectively rotating windows on a computer display.  The rotation may be freely chosen or limited to selected angles of rotation such as 0, 90, 180, and 270 degrees, as pointed in the ‘978 abstract.

The other defendants named in suit were: Coby Electronics, LG, Lenovo, Pandigital, ViewSonic and Vizio. The complaint in general states defendants “directly or through intermediaries, made, had made, used, imported, provided, supplied, distributed, sold, and/or offered for sale products and/or systems that infringed one or more claims of the ’978 patent”. The accused products named in the suit were HTC One X, Coby MID9742, LG Thrill P925, IdeaPad A2109, Pandigital Novel, ViewPad 7 and VTAB1008.

The suit asked the Court for judgment that the patent has been infringed, a permanent injunction preventing infringement, damages, interest on damages and legal fees.

In Dec 2012, voluntary dismissal of Pandigital was filed by Rotatable and Court granted dismissing all claims without prejudice. In Apr 2013, Coby was dismissed from the case as a result of stipulation filed by plaintiff. Court ordered granting dismissal of Vizio, LG and Lenovo in June. ViewSonic was terminated from the case in July.

In Oct 13, the parties (HTC and Rotatable) filed a stipulation of dismissal and upon consideration the Court granted Rotatable’s claims against HTC to be dismissed with prejudice and counterclaims against Rotatable to be dismissed without prejudice and each party will bear their own attorney fees and costs incurred.

Rotatable has also filed similar cases against Apple, Acer, Motorola, Nokia and Samsung asserting the same patent.

See 2:12-cv-00718 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

Has this patent been litigated? Use our free tool or download our free Android/iOS app on Google Play/ App Store.  

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[i] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.

[ii] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded. 

HTC, Wi-LAN Settle Suit over Wireless Patent

Case Filed: Apr 11, 2013

Case Closed: Oct 02, 2013

Court: California Southern District Court

Judge: Dana M. Sabraw

Case Summary:

A patent infringement case was filed by Wi-LAN, a Canadian based patent licensing company against HTC, a handheld device manufacturer, for violating two of their wireless patents.  The patents involved in suit were:

•    US8311040 entitled ‘Packing source data packets into transporting packets with fragmentation’, legally issued on Nov 13, 2012 and expiring* by Jan 15, 2022
•    US8315640 entitled ‘Methods and systems for transmission of multiple modulated signals over wireless networks’, legally issued on Nov 20, 2012 and expiring* by May 21, 2019

The patents are currently assigned+ to Wi-LAN (source: MaxVal’s Assignment Database). The ‘040 patent generally relates to packet data communications systems and reformatting data in systems before transmission. The ‘640 patent relates to a method and apparatus for efficiently allocating bandwidth between base stations and customer premises equipment in a broadband wireless communication system.

The complaint said that, defendant manufactures wireless communication products with the 3rd Generation Partnership Project – Long Term Evolution (3GPP-LTE) standard and cites Droid Incredible 4G and Evo 4G LTE as infringing products, which fall within the scope of the claims of the ‘040 and ‘640 patents.

“By way of its infringing activities, defendant has caused and continues to cause Wi-LAN to suffer damages and Wi-LAN is entitled to recover from defendant damages in an  amount…”, the complaint said. Whereof, Wi LAN requested entry of judgment in its favor, a permanent injunction barring HTC from infringing the patents-in-suit, compensatory damages, pre- and post-judgment interest on damages, as well as attorneys' fees and litigation costs.

The parties have reached an agreement and signed a binding term sheet (“Term Sheet”) that resolves the dispute. The parties, HTC and Wi LAN jointly filed a motion to dismiss and pursuant to the stipulation filed, the Court granted and ordered the following:

•        all claims between Wi-LAN and HTC in this action are dismissed with prejudice
•        Wi-LAN and HTC each will bear their own costs and attorneys’ fees

See 3:13-cv-00871 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

* Expected expiration date using Patent Term Estimator, use our free tool or download our free Android app on Google Play Store.

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* Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents. 

+ MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

Texas Court Dismisses Lawsuit against HTC

Case Filed: Mar 12, 2012

Case Closed: May 10, 2013

Judge: Barbara M.G. Lynn

Court: Texas Northern District Court

Case Summary:

MES accused HTC, AT&T, Sprint, Verizon and Celco of infringing 4 patents related to the transmission of data to and from mobile phones. The patents involved in this suit are:

• US6415325 - Transmission system with improved synchronization, issued on July 02, 2002 and expires* by Dec 16, 2017
• US6879838 - Distributed location based service system, issued on Apr 12, 2005 and expires* by Apr 20, 2021
• US7096033 - Mobile apparatus enabling inter-network communication, issued on Aug 22, 2006 and expires* by Jul 18, 2020 
• US7317687 - Transmitting data frames with less interframe space (ifs) time, issued on Jan 08, 2008 and expires* by Jul 13, 2024

The patents are currently assigned[i] to MES (source: MaxVal’s Assignment Database). MES alleged that defendants are manufacturing and commercializing HTC devices including HTC Inspire, HTC Status and HTC Vivid that are configurable to communicate data received from a first communication network to a second communication network as claimed in the above said patents. 

The dispute has reached an end with MES filing motion to dismiss all the claims. Upon MES’s request, the Court ordered all the claims and counterclaims be dismissed without prejudice, thereby concluding the case. However, another case filed by MES against Motorola Mobility asserting the same patents is still pending.

See 3:12-cv-00794 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

Has this patent been litigated? Use our free tool or download our free Android/iOS app on Google Play/ App Store.

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* Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.

[i] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

Data Carriers and Samsung et al. reach Settlement

Data Carriers, a non-practicing company that a holds number of technology patents, had filed lawsuits against Samsung, Barnes & Noble, HTC and AT&T in Mar, 2013 in the District Court of Delaware, which have now come to a close. The suits were filed for infringement of US patent number 5388198 entitled ‘Proactive presentation of automating features to a computer user’. The patent was issued on Feb 07 1995 and expired[i] on Apr 16, 2012. The patent is currently assigned[ii] to Data Carriers and was previously owned by Symantec (Source: MaxVal’s Assignment Database). 

The complaint stated that the defendants make use of the autocomplete features (technology claimed ‘198 patent) in their website, smartphones, tablets, notebooks, Chromebooks, media players, and tablet computers.

It appears that the parties have settled the cases and reached an agreement. Upon their requests for dismissal, the Court ordered Dismissal With Prejudice of all claims by Plaintiff Data Carriers and Dismissal Without Prejudice of all counterclaims by Defendants Samsung, Barnes & Noble, HTC and AT&T.

To know more about the cases, please see 1:12-cv-00933, 1:12-cv-00330, 1:12-cv-00346 and 1:12-cv-00335.

If you are interested in knowing more about the cases filed and closed on the previous day, please contact us. To get alerts on cases filed, subscribe to our Litigation Alerts.

Has this patent been litigated? Use our free tool or download our free Android app on Google Play.

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[i] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.

[ii] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.