Intellectual Ventures In A Win In Toshiba IP Litigation

Law360, Los Angeles (February 10, 2017, 9:18 PM EST) — Toshiba Corp. and one of its units has induced infringement of an Intellectual Ventures patent for an adapter that allows a handheld computer to communicate with multiple attached devices, a Delaware federal jury concluded on Friday.
Intellectual Ventures I LLC had proven by a preponderance of the evidence Toshiba and Toshiba America Information Systems induced infringement of two claims of its U.S. Patent No. 5,938,742, the jurors found after the four-day trial. Jurors weren’t asked to reach a conclusion about damages amounts.

The verdict comes just shy of two weeks after a different set of jurors addressed three other patents, this time for NAND flash memory, a high-capacity data storage chip Intellectual Ventures had asserted against Toshiba. That jury found one of those patents, U.S. Patent No. 5,701,270, was invalid because prior art anticipated its content, court records show.

And Intellectual Ventures hadn’t proven that Toshiba’s work infringes its U.S. Patents Nos. 5,568,431 and 5,500,819, the prior jury found.

The ‘742 patent addressed in Friday’s verdict covers a method for configuring a low-power serial bus, which, according to the patent’s description, allows smaller handheld computers to communicate with the devices that connect to them.

The case kicked off in 2013 when two Intellectual Ventures companies — Intellectual Ventures I and II — sued Toshiba for alleged infringement of some 10 patents related to memory chips, court records show. Some of the patents were owned by Intellectual Ventures I, while others were held by Intellectual Ventures II, prompting an immediate challenge by Toshiba to split the cases, according to the docket.

U.S. District Judge Sue L. Robinson denied that request, but did grant a request to cut a claim of willful infringement out of the case, according to the order.

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