Monday, May 16, 2011

Ogma v. Activision, et al.: ITC Initiates Investigation, Apple Already Out.

The USITC announced on Friday, May 13, 2011 that it will institute an investigation based upon Ogma, LLC's complaint of infringement of its '947 sound effects and '427 screen aspect ratio patents against over thirty entities.

It appears that Apple was dropped as a respondent in the unpublished April 26, 2011 amended complaint, as it does not appear in the announcement of the investigation.  Seiko Epson, Epson, HTC, Motorola Mobility, Sanyo and Sharp also have disappeared.

Even with Apple no longer involved, I may still check in on this investigation periodically to see how the '427 fares against the prior art.  I suspect it will not do well.  The ITC case should also provide useful guidance for Apple in the still pending cases (2-11-cv-00166 and 2-11-cv-00168) in Marshall, TX, if Apple remains as a defendant.  Joint Motions to Dismiss the '947 cases against Motorola Mobility and RIM have already been filed and granted.


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