InnoBrilliance Resumes Litigation Over Former TP Lab Patent Family

RC
RPX Corporation

Contributor

Founded in 2008 and headquartered in San Francisco, California, RPX Corporation is the leading provider of patent risk solutions, offering defensive buying, acquisition syndication, patent intelligence, insurance services, and advisory services. By acquiring patents and patent rights, RPX helps to mitigate and manage patent risk for its client network.
InnoBrilliance, LLC has filed separate Eastern District of Texas lawsuits against Amazon (2:24-cv-00481), Hangzhou Hikvision Digital Technology...
United States Intellectual Property
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InnoBrilliance, LLC has filed separate Eastern District of Texas lawsuits against Amazon ( 2:24-cv-00481), Hangzhou Hikvision Digital Technology ( 2:24-cv-00495), Panasonic ( 2:24-cv-00486), Philips ( 2:24-cv-00483), Shenzhen MTC ( 2:24-cv-00488), TCL ( 2:24-cv-00491), Walmart ( 2:24-cv-00492), and Zhejiang Dahua Technology (Lorex Technology) ( 2:24-cv-00485; 2:24-cv-00496) over the support for viewing multiple video streams in their various products, ranging from TVs to videoconferencing solutions. The defendants are accused of infringing two patents, from five asserted across this campaign since its January 2021 start, that generally relate to displaying multiple video streams on a "television system".

InnoBrilliance was formed in Texas on February 28, 2018 with AppBrilliance, Inc.—describing itself as a provider of "true, real-time non-custodial Open Payments and Banking services in the US"—listed at one point as its sole member. AppBrilliance itself was formed in Texas in September 2015, under the management of C. Eric Smith, who identifies himself on social media as having been AppBrilliance's founder and CEO since then. Smith has been previously been disclosed as the managing member for two other litigating NPEs: AutoBrilliance, LLC and InnoMemory, LLC. Texas records also once identified Comarco Wireless Systems LLC, which ran a USB charging campaign, as under AppBrilliance's management.

However, in April 2022, Texas state records were updated to list InnoBrilliance's sole managing member as Jeffrey M. Gross. Gross is an individual inventor who has turned to patent monetization, having been associated with multiple litigation campaigns targeting a broad spectrum of products and services over the past several years. Gross has previously signed on behalf of InnoBrilliance in at least two patent assignment agreements (i.e., here and here). Other Texas filings dated in April 2022 also made Gross the managing member of AutoBrilliance, Comarco Wireless, and InnoMemory.

Against each of these new defendants, InnoBrilliance asserts two patents (8,925,010; 9,247,299) from the same family, broadly directed to displaying multiple video streams on a "television system". The original assignee of the first several family members, TP Lab, Inc., assigned the family to InnoBrilliance in July 2017, with named coinventor Chi Fai Ho signing as TP Lab's CEO. TP Lab recently moved a batch of roughly 30 US patents to Lab Technology LLC, one of several New Mexico entities to launch litigation this year. For coverage of that transfer and the resulting litigation, see "Newly Recorded Assignments Track Recent Campaigns, Foreshadow Others" (June 2024).

As noted, this litigation campaign began in early 2021. Prior defendants include AT&T, LG Electronics, Samsung, and Sony. The last case, against AT&T, ended in February 2023 with a dismissal with prejudice following an apparent settlement. The campaign has been conducted in file-and-dismiss fashion, as has been the pattern for litigation managed by Gross. Several of Gross's campaigns involved suits filed in Delaware, where the operation of a pair of April 2022 standing orders has revealed that those plaintiffs have been backed by third-party litigation funding (TPLF).

RPX covered those disclosures, made by Bright Capture LLC, InvesTrex LLC, and TRON Holdings LLC—plaintiffs associated with Gross—to District of Delaware Chief Judge Colm F. Connolly, in whose courtroom those standing orders now impose heightened disclosure requirements regarding party ownership and TPLF. In those filings, InvesTrex and TRON Holdings have identified Marbit Lending, LLC—formed by Toler Law Group principal Jeffrey G. Toler (as its manager and director) and The Toler Family Trust (as its member)—as having provided funding for their respective litigation actions. Bright Capture has disclosed Bayes Fund LLC (f/k/a Rabicoff Ventures LLC)—an entity formed by Rabicoff Law principal Isaac Rabicoff (as its manager)—as its funder.

Rabicoff Law filed these new complaints for InnoBrilliance. Chief Judge Rodney Gilstrap will preside. 7/2, Amazon, 7/3, Lorex Technology, Panasonic, Philips, Shenzhen MTC, 7/5, TCL, Walmart, 7/8, Zhejiang Dahua Technology, Hangzhou Hikvision Digital Technology, Eastern District of Texas.

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