First-Class patent challenged as likely invalid

On August 14, 2017, Unified, represented by Finnegan, filed a petition for inter partes review (IPR) against U.S. Patent 6,014,089 owned and asserted by First-Class Monitoring, LLC, a subsidiary of Monument Patent Holdings, LLC, a well-known NPE. Historically, Monument Patent Holdings has worked closely with Dominion Harbor, another notorious NPE, to target operating companies. 

The '089 patent, directed to a method for transmitting data using a digital control channel of a wireless network, has been asserted in multiple district court cases against operating companies such as Bank of America, Citigroup, CalAmp, and JPMorgan Chase.

See a copy of the petition below or view the entire proceeding on our PTAB Portal.

Catonian IP patent challenged as likely invalid

On August 11, 2017, Unified, represented by Oblon, McClelland, Maier & Neustadt, filed a petition for inter partes review (IPR) against U.S. Patent 8,799,468 owned and asserted by Catonian IP Management, LLC, a subsidiary of IP Valuation Partners LLC, a well-known NPE. The '468 patent, directed to a system for regulating access to and distributing content in a network, was first asserted in March 2017 in two district court cases against Cequel Communications and Charter Communications

See a copy of the petition below or view the entire proceeding on our PTAB Portal.

Federal Circuit holds that third parties can defend appeals

In a first, the Federal Circuit in Personal Audio LLC v. Electronic Frontier Foundation, No. 16-1123, slip op. (Fed. Cir. Aug. 7, 2017) has ruled that third-party appellees do not need Article III standing to defend appeals from the Patent Trial & Appeal Board (PTAB).  The Court concluded that only the party invoking the appeal, appellant Personal Audio, required standing, which ended the inquiry.  Thus, appellee Electronic Frontier Foundation (EFF), the defending party, did not.  The court also affirmed the PTAB’s decision to invalidate Personal Audio, LLC’s podcasting patent.  The decision means that parties like Unified Patents that have prevailed at the PTAB need not establish separate Article III standing to defend an appeal. 

Background

In the case (IPR2014-00070), the EFF, an independent third-party public interest group, sought inter partes review (IPR) of a patent owned by NPE, Personal Audio, which sent numerous demand letters and filed more than a dozen suits against small podcasters.  Personal Audio’s patent was found unpatentable by the PTAB, after which they appealed to the Federal Circuit, requesting reversal.  The Federal Circuit, unprompted, asked the parties for briefing on EFF’s standing to defend the appeal.  Unified Patents (joined by Askeladden LLC) submitted an amicus curiae brief

The decision and links to other articles about the decision are below.