The IP Files November 9, 2021
A New Patent Bill, InterDigital Q3 2021 Results, Xperi Q3 2021 Results, LiTL LLC IPR Wins, Dealmakers ITC Strategy
Welcome to the first edition of the IP Files. The plan is to be a weekly series highlighting events, news, analysis related to intellectual property and patents. If you have a case tip, case to watch, or filing of interest, or correction, please email me at iphawk@outlook.com
Rep Thomas Massie introduced HR 5874, the "Restoring America's Leadership in Innovation Act of 2021. Pigs will fly if this bill ever gets out of committee. The bill includes the following:
Repeal the PTAB inter partes and post grant reviews. Any patent challenge would have to come from an ex parte examination.
Eliminate the fee diversion.
Repeals 101 subject matter SCOTUS decisions in Alice, Bilski, Myriad, and Mayo.
Restores patents as a private property right.
Ends automatic publication of patent applications unless a patent issues.
A tolling patent term for any patent challenged from the time of the validity challenge until the resolution of the validity issue by the court. The court may award damages to a patent owner if a validity challenge is brought in bad faith.
Repealing eBay and allow patent owners to enforce injunctions for infringement. The infringing party would have to show clear and convincing evidence the patent owner would not be irreparably harmed by further infringement.
Interdigital $IDCC reported excellent Q3 2021 results on November 4, 2021. The company reported $143.5M in topline revenue driven by a patent license with Xiaomi and a top 10 global tv manufacturer. Net income for the quarter totaled $26.2M. I thought the results were excellent for new CEO Liren Chen and team. It was also very exciting to hear my friend Communications Director Richard Lloyd make the introductions on the conference call. The company gave an update in the litigation versus Lenovo, which has cases filed in the United States, Delaware, and China. The company won a complete victory in the UK for the first technical trial. A FRAND trial is scheduled for January 2022. The US court case is scheduled for a 10 day jury trial on December 5, 2022.
Xperi $XPER announced very good Q3 2021 results on November 8, 2021 highlighted by topline revenue of $219.4M up 8.2% year over year, while generating $82.9M in cash from operations. The company repurchased $24.8M in common stock during the quarter and paid a $.05 dividend to shareholders in August. The IP business generated $101.6M in revenue for the quarter and the company signed Yangtze Memory Technologies for 3D NAND incorporating hybrid bonding.
LiTL LLC scored a number of wins the last two weeks at the PTAB in Inter Partes Review proceedings filed by Lenovo.
The team at Wolf Greenfield & Sacks, P.C who represented patent owner LiTL LLC has a very impressive record representing their clients at the PTAB.
Wolf Greenfield & Sacks are also representing LiTL LLC in the Delaware case that was filed on May 22, 2020. The case is still in the briefing stage with a Motion to Dismiss for failure to state a claim filed and briefed. The speedy access to Markman hearings and a Jury trials is why the Eastern & Western Districts of Texas have become the preferred venue for patent holders. This case in Delaware was filed 537 days ago with very little progress.
Dealmakers has part 2 of 2 for ITC Strategy this afternoon from 2-3pm EST. The event is free virtual event has a panel of four great speakers, Tim Berghuis from Celerity, Kim Chotkowski from Interdigital, Hasan Rashid from GE, and Michael Renaud from Mintz. The event also has a great virtual networking feature after the event concludes. I will be at one of the online tables so drop in and say hello.
Thank you everyone for reading. Any feedback or comments is greatly appreciated.
The IP Files is your best write-up yet! I like this format and content. In depth research, some of your thoughts and insights make it stand out. Great job.