MemoryWeb decision reaffirms Unified as sole RPI

On Friday, December 8, 2023, the Patent Trial and Appeal Board issued another final written decision holding that Unified Patents was the sole real party-in-interest (RPI). Samsung Electronics Co. Ltd. v. MemoryWeb, LLC, IPR2022-00222, Exhibit 2121 (public version, filed December 22, 2023). The decision is consistent with past decisions over the last decade holding that Unified acts independently, without influence from its members in its challenges against non-practicing entities.

Reversing a now-vacated ruling in an earlier case, the Board observed that Unified’s business was “designed to comply with RPI rules and to maintain its independence from its membership” and that its business model is “focused on deterrence rather than settlement of cases involving NPEs.” Ex. 2121, 45. The Board confirmed that Unified’s arms’-length relationship with its members—who do not communicate or coordinate about its filings or give any input to Unified regarding its decision to file petitions—supported that “no relationship between Petitioner and Unified that would give rise to the implication that Petitioner is a RPI in the Unified proceeding.” Id., 51. Further, they held that a member pays undesignated subscription fees did not show that the member directly funded Unified’s filing activities. Id., 52.

This decision, which considered a wealth of evidence, including membership agreements, press releases, reports, and written and deposition testimony, confirms that unlike RPX in AIT, Unified acts independently of its members to serve its ongoing mission of deterring assertions of broad, invalid patents.

Click HERE to read the decision.

Carucel Investments wireless automotive patent affirmed invalid by Federal Circuit

On December 26, 2023, the Federal Circuit affirmed the Patent Office's final decision confirming that the challenged claims of U.S. Patent 7,979,023 unpatentable. The ‘023 patent is owned by Carucel Investments, an NPE, and relates to mobile communication systems for vehicles. The patent had been asserted against numerous automotive companies such as Fiat Chrysler, General Motors, and Mercedes-Benz.

View Carucel's district court litigation. Unified was represented by Raghav Bajaj and David McCombs from Haynes and Boone, and by in-house counsel, Michelle Aspen and Roshan Mansinghani, in this proceeding. To read the decision and view the entire case proceeding, visit our Portal.

$4,000 for IP Edge entity, Communication Advances, image patents prior art

Unified Patents added two new PATROLL contests, each with a $2,000 cash prize, seeking prior art on the list below. The patents are owned by Communication Advances LLC, an NPE and entity of IP Edge LLC. The patents relate to digital cameras, and in particular, to an image capturing method employing eye-gazing detection to trigger various applications. The patents have been asserted against General Motors.

The contests will expire on February 22, 2024. Please visit PATROLL for more information or click on each link below.

US 8823826 - Digital Camera and Image Capturing Method (litigation)

US 8994847 - Digital Camera and Image Capturing Method (litigation)

$2,000 for IP Investments Group entity, Advanced Transactions, email patent prior art

Unified Patents added a new PATROLL contest, with a $2,000 cash prize, seeking prior art on at least claim 1 of U.S. Patent 7,386,594, owned by Advanced Transactions LLC, an entity of IP Investments Group. The ‘594 patent relates to an email campaign generator that generates an email campaign template from an email target database. It has been asserted against Belk, Fiesta Mart, Advance Auto Parts, Regis Corp., Marco’s Pizza, The Gap, AutoZone, and Staples.

The contest will expire on February 29, 2024. Please visit PATROLL for more information and to submit an entry for this contest.

VideoLabs MPEG patent claims invalidated

On December 18, 2023, the Patent Trial and Appeal Board (PTAB) issued a final written decision in Unified Patents, LLC v. VL Collective IP LLC holding challenged claims 1, 3, 5, 9, 12, 13, and 15 of U.S. Patent 8,605,794 unpatentable. Owned and asserted by VL Collective IP LLC, a VideoLabs Inc. entity, the '794 patent is generally directed to synchronizing data segments and references MPEG1.

View district court litigations by VL Collective IP. To read the petition and view the case record, see Unified’s Portal. Unified was represented by Raghav Bajaj, Jon Bowser, and David McCombs of Haynes and Boone, LLP and by in-house counsel, Jessica L.A. Marks and Roshan Mansinghani.