In addition to its March EDTX complaints, on April 1, 2011, Ogma, LLC submitted a request to the US ITC for an investigation under section 337 of the Tariff Act of 1930. The Complaint lists over thirty respondents in addition to Apple, including Activision Blizzard, Inc., Canon Inc., Seiko Epson Corporation, various Sony entities, and Lego. It is titled "Certain Motion-Sensitive Sound Effects Devices and Image Display Devices and Components and Products Containing Same."
The Complaint involves the two patents from the EDTX cases:
- 6,150,947, Programmable motion-sensitive sound effects device and
- 5,825,427, Image display system. (I will be discussing at the '427 shortly in a separate post.)
Though the patents have been combined in a single complaint, many of the respondents appear to be accused of infringing only one or the other.
With regard to Apple:
On information and belief, either by itself, through its subsidiaries, or through third parties acting on its behalf, Apple is engaged in one or more of the manufacture, importation, sale for importation, or sale after importation into the United States of infringing electronic devices. On information and belief, the Accused Products include at least the following Apple products: iPad, iPhone, iPod Touch, 15-inch MacBook Pro. [...]
The Certificate of Formation for Ogma LLC (file number 801368943), a Domestic Limited Liability Company (LLC), was filed on January 12, 2011. Per the Complaint, "Ogma focuses its business on acquiring, licensing and enforcing patented technology in the consumer electronics and communications industry, including the Asserted Patents."
The '427 patent was assigned from the inventor, Kenneth MacLeod, to Medici Portfolio Acquisition, LLC on 11/04/2010. Medici, per its website, is comprised of three former McDermott Will & Emery attorneys. The '427 was then assigned from Medici to Ogma LLC, 3301 W. Marshall Ave. Suite 303, Longview, TX (which is the contact address on Medici's site) on 1/25/2011, a few weeks after Ogma LLC was formed.
According to the Complaint, "Ogma acquired all rights in the '947 Patent from Shima LLC, a company created by James Shima, the inventor who researched and developed the motion-based technology that is now protected by the '947 Patent."
Attorney for Ogma
The Complaint was filed by James Otteson of Agility IP Law. According to his bio, "Before founding Agility IP Law in January 2010, Jim was the Head of ITC Litigation at the Silicon Valley law firm of Wilson Sonsini Goodrich & Rosati, where he practiced starting in August 1992."
More to follow.