Transport & Automotive Zone Feb 2023 Update

With the growing prevalence of electric cars, self-driving capabilities, and connected technologies, the automotive industry’s focus on data-driven innovation continues to evolve. 

Combined, the patent risk landscape within the transportation space appears far different than it did even a few years ago. In 2022, nearly 80% of all cases in this sector were brought by NPEs, the highest since 2015. Operating company litigation decreased by 31% over the past three years, while patent assertion entity (PAE) NPE litigation increased by 47%.

Transport Manufacturers were targeted the most, but suppliers and even dealers saw litigation. 

Infotainment remained the most targeted technology from 2012-22. These systems do more than control the radio - they allow cars to communicate with other components or devices.  The last two years have seen nearly 92 NPE infotainment assertions. 

Car companies such as Honda, Toyota, Mazda, and Subaru have increased development in connectivity in vehicles as Unified’s Velocity of Innovation metric demonstrates; patents related to CPC code H04W - Wireless Communications have been a priority for each of these companies.

Neo Wireless, the most active plaintiff in 2022, accounted for 21% of all NPE-PAE cases and targeted infotainment systems of Ford, General Motors, Honda, Mercedes-Benz, Tesla, Toyota, Stellantis, and Volkswagen.

Top defendants in 2022 included Ford, General Motors, Honda, Mercedes-Benz, Tesla, and Toyota.

Most challenged patent owners at the PTAB include Intellectual Ventures, Neo Wireless, Blitzsafe, and Scramoge.

METHODOLOGY

Unified looked at all major Transport manufacturers and the top 10 Transport suppliers by revenue since 2012.

Total number of reported cases can vary. Unified made its best attempt to eliminate mistaken or duplicative filings.

Statistics include litigations initiated by NPEs or Declaratory Judgments (DJs) initiated by operating companies against NPEs.

Unified strives to accurately identify NPE through all available means, such as court filings, public documents, and product documentation.

LEGEND

Non Practicing Entity (NPE) = Company which derives the majority of its total revenue from Patent Licensing activities.

Operating Company or Op. Co. = Company which derives most of its total revenue from Product Sales or Services. Could be an SME or a large company.

NPE (Patent Assertion Entities) = Entity whose primary activity is licensing patents and acquired most of its patents from another entity

NPE (Small Company) = Entity whose original activity was providing products and services, but now is primarily focused on monetizing its own patent portfolio.

NPE (Individual) = Entity owned or controlled by an individual inventor who is primarily focused on monetizing inventions patents by that individual inventor.

Copyright © 2023, Unified Patents, LLC. All rights reserved.

SCOTUS Amicus Filed by Unified Edge, Supporting Curb on Over-Broad Patent Claims

On February 10, 2023, Unified Edge filed an amicus brief with the Supreme Court concerning the test for whether a patent has met the statutory requirement for enablement—i.e., the requirement that the specification sufficiently disclose the claimed invention in such full, clear, and exact terms as to enable any person skilled in the art to make and use it. 

The brief explains why the Supreme Court should maintain—across all fields of endeavor, including high tech—the Federal Circuit’s vigorous check on functional patent claims that the Federal Circuit has applied over decades of its case law (which in turn rests on 170 years of the Supreme Court’s jurisprudence). The fact-intensive investigation into enablement required by the Federal Circuit's Wands factors provides the appropriate, flexible framework for Patent Office examiners, fact-finders, trial court judges, and reviewing appellate courts to apply in assessing compliance with the statutory requirement for enablement. 

Reversal—and replacement of the full scope enablement test with Amgen’s proposed permissive standard—would invite patentees even further to pursue wildly unsupported functional claims in the Patent Office across a wide range of industries, threatening innovation and contributing to already out-of-control litigation defense and settlement costs.

Unified Edge is part of the Unified Network and advocates for the right policies, focusing on researching, organizing, providing, and promoting data-backed studies and evidence to further regulatory, business, and policy goals. Unified Edge works to keep its members up to date and informed on ongoing policies, data, and the regulatory landscape in order to move the law forward in a just, reasoned, and data-backed way. Unified Edge is represented by Lisa Ferri, Andrew Pincus, and Rich McCormick of Mayer Brown LLP and by in-house counsel, Jonathan Stroud and Ashraf Fawzy.

Read the amicus brief below:

Ideahub final decision affirmed by Federal Circuit

On February 10, 2023, the United States Court of Appeals for the Federal Circuit summarily affirmed the PTAB’s ruling that all challenged claims of U.S. Patent 9,641,849 are unpatentable. Owned by Ideahub Inc., the IPR was filed as part of Unified's ongoing efforts in its SEP Video Codec Zone. The '849 patent relates to a video compression technique known as intra prediction and Access Advance claims that certain claims of the '849 patent were essential to the HEVC standard.

This appeal comes from a Final Written Decision (IPR2020-00702) invalidating U.S. Patent 9,641,849 and denying a motion to amend the claims based on a lack of written description support. The decision is a nonprecedential written opinion.

Unified was represented by Angela Oliver, Raghav Bajaj, David McCombs, Jon Bowser, and Debbie McComas from Haynes and Boone, and by in-house counsel, Roshan Mansinghani, Ashraf Fawzy, and Michelle Aspen, in these proceedings. Visit Unified’s Portal for more information about its Video Codec landscape (OPAL) and standard submission repository (OPEN).

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USPTO Commissioner for Patents, Vaishali Udupa, added as keynote speaker for April conference

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11th Annual Patent Administrative Law Conference

Tuesday, April 11 at 12p ET

American University (AU) Washington College of Law

Unified is happy to have newly appointed USPTO Commissioner for Patents, Vaishali Udupa, join as our featured keynote speaker in April at the 11th Annual Patent Administrative Law Conference in Washington, DC. As Commissioner for Patents, Ms. Udupa will manage and lead the Patents organization as its chief operating officer. She will oversee the agency’s commitment to fostering the U.S. innovation system by providing patent protections to inventors.

Along with our keynote, hear firsthand from IP thought leaders — Vishal Amin - Head of IP Policy at Intel, Raymond Gabriel - Senior IP Counsel at Ciena, and Timothy Jezek - Principal Legal Counsel at Samsung — among others on the latest strategy concepts in patent litigation funding and SEP patent pools. Registration is complimentary but space is limited and priority given to in-house counsel.

Agenda
Register Here

For sponsorship opportunities, please email info@unifiedpatents.com.

Dynamic IP Deals entity MCOM IP financial services patent held invalid

On February 8, 2023, the Patent Trial and Appeal Board (PTAB) issued a final written decision in Unified Patents, LLC v. MCOM IP, LLC holding all challenged claims of U.S. Patent 8,862,508 unpatentable. Owned and asserted by mCom IP, LLC, a Dynamic IP Deals entity, the '508 patent is directed to using e-banking touchpoints to provide personalized financial services. The patent had been asserted over 40 times against various banks and financial services companies, including Wells Fargo, US Bank, PNC, IBM, and NCR Corp.

View district court litigations by mCom. To read the petition and view the case record, see Unified’s Portal. Unified was represented by David Tennant and Jacob Rothenberg of Allen and Overy and by in-house counsel, David Seastrunk, Ashraf Fawzy, and Jordan Rossen.