Thursday, June 5, 2008

Seattle Patent Litigation Update: May 2008

Things finally slowed down last month in terms of new patent case filings in the Western District. There was just one new case hitting the electronic docket in May, and it was actually filed in April, so it really doesn't count as a May filing. Since it didn't make April's list, I'll post it here.

The case is Vtran Media Technologies, LLC v. Astound Braodband LLC (C08-0650) (Pechman) This is the fourth patent case in the last 30 days assigned to Judge Pechman.


The patent in suit is US 4,890,320 "Television Broadcast System for Selective Transmission of Viewer-Chosen Programs at Viewer-Requested Times." It's got a crusty old filing date of June 9, 1988. With an issue date of December 26, 1989, the patent will expire June 9, 2008 (assuming no extensions). Are you thinking laches? Estoppel? Me too.

UPDATE: Thanks to reader Andrew P for correcting my error on calculating the termof this patent under the GATT rules. This patent expired June 9, 2008, not December 2006 as I had said previously. Also, there is a second patent,
US 4,995,078, with a filing date of 10-10-89 and issue date of 2-19-91. Under GATT transition rules, this patent will expire October 10, 2009.



The patent has been in litigation since about October 2007. Below is a list of related cases and there's an MDL No. assigned, MDL No. 1948


May 16, 2008
VTran Media Technologies, LLC v. Liberty Cablevision of Puerto Rico, Inc.
PR
Casellas
Patent
Federal Question
Plaintiff: VTran Media Technologies, LLC; Defendant: Liberty Cablevision of Puerto Rico, Inc.

April 9, 2008
Vtran Media Technologies,LLC v. Advocate Communications,Inc. et al
FL Southern
Cooke
Patent
Patent Infringement
Plaintiff: Vtran Media Technologies,LLC; Defendant: Advocate Communications,Inc., Home Town Cable TV,LLC

March 21, 2008
VTran Media Technologies, LLC v. Antietam Cable Television, Inc.
MD
Garbis
Patent
Patent Infringement
Plaintiff: VTran Media Technologies, LLC; Defendant: Antietam Cable Television, Inc.

March 3, 2008
VTran Media Technologies, LLC v. Mid-Hudson Cablevision Inc.
NY Northern
Kahn
Patent
Federal Question
Plaintiff: VTran Media Technologies, LLC; Defendant: Mid-Hudson Cablevision Inc.

February 21, 2008
VTran Media Technologies, LLC v. Midcontinent Communications
ND
Erickson
Patent
Federal Question
Plaintiff: VTran Media Technologies, LLC; Defendant: Midcontinent Communications

February 19, 2008
VTran Media Technologies, LLC v. Bresnan Communications, LLC et al
NY Southern
Daniels
Patent
Patent Infringement
Plaintiff: VTran Media Technologies, LLC; Defendant: Bresnan Communications, LLC, Insight Communications Company, Inc.

February 14, 2008
VTran Media Technologies, LLC v. Armstrong Utilities, Inc. et al
OH Northern
O'Malley
Patent
Patent Infringement
Plaintiff: VTran Media Technologies, LLC; Defendant: Armstrong Utilities, Inc., Buckeye Cablevision, Inc., Massillon Cable TV, Inc., WideOpenWest Holdings, LLC

February 8, 2008
VTran Media Technologies, LLC v. Cox Communications, Inc.
GA Northern
Story
Patent
Patent Infringement
Plaintiff: VTran Media Technologies, LLC Defendant: Cox Communications, Inc.

January 31, 2008
VTran Media Technologies, LLC v. Atlantic Broadband Finance, LLC et al
PA Middle
Caldwell
Patent
Patent Infringement
Plaintiff: VTran Media Technologies, LLC; Defendant: Atlantic Broadband Finance, LLC, Cablevision Systems Corporation, MetroCast Cablevision of New Hampshire, LLC

VTRAN MEDIA TECHNOLOGIES, LLC v. ARMSTRONG UTILITIES, INC. et al
PA Eastern
KAUFFMAN
Patent
Patent Infringement
Plaintiff: VTRAN MEDIA TECHNOLOGIES, LLC; Defendant: ARMSTRONG UTILITIES, INC., BLUE RIDGE COMMUNICATIONS, INC., RCN CORPORATION, SERVICE ELECTRIC TELEVISION, INC.

January 30, 2008
VTran Media Technologies, LLC v. Bright House Networks, LLC et al
AL Northern
Ott
Patent
Patent Infringement
Plaintiff: VTran Media Technologies, LLC; Defendant: Bright House Networks, LLC, Knology, Inc, Mediacom Communications Corporation

January 25, 2008
VTran Media Technologies, LLC v. Cebridge Acquisition L. P.
TX Eastern
Ward
Patent
Patent Infringement
Plaintiff: VTran Media Technologies, LLC; Defendant: Cebridge Acquisition L. P.

October 17, 2007
VTran Media Technologies, LLC v. Comcast Corporation et al
TX Eastern
Ward
Patent
Patent Infringement
Plaintiff: VTran Media Technologies, LLC; Defendant: Comcast Corporation, Charter Communications, Inc., Verizon Communications, Inc., Time Warner Cable, Inc.

That's all for now. Back to trial prep for me.


Vtrancomplaint.pdf

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2 Comments:

  • At June 12, 2008 at 2:56 PM , Blogger Extremely Thrilling said...

    Interesting about the VTram stuff. I wonder if they already have talked with Tivo? It seems like it would effect tivo also.

     
  • At July 16, 2008 at 9:04 AM , Blogger Unknown said...

    "It's got a crusty old filing date of June 9, 1988. With an issue date of December 26, 1989, the patent expired back in December 2006 (assuming no extensions)."

    The patent has not expired. Under the GATT transitional rule, all patents that were in force on, or that would issue on an application filed before, June 8, 1995, automatically have a term that is the greater of the 20-year term from date of filing or 17 years from grant.

     

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