Byteweavr, LLC, an Ascend Innovation Management, LLC plaintiff,
has filed its first litigation, suing Cloudera (
1:24-cv-00261) in the Western District of Texas and
Databricks (
2:24-cv-00162) in the Eastern District of Texas over the
provision of their various data management and analytics products,
including the Cloudera Data Platform and Databricks Lakehouse
platform, respectively. The asserted patents, of disparate origins,
arrived indirectly in the plaintiff’s possession from Intellectual Ventures LLC (IV).
Cloudera is accused of infringing eight patents, described as
“cover[ing] various aspects of network systems extensible by
users as subscribers to a network service”. Two of the patents
(6,839,733; 7,949,752), broadly directed to networking,
originated with General Magic; two others (6,965,897; RE42,153), to data compression, with
AT&T and United Devices,
respectively; two others (7,082,474; 8,275,827), to a “distributed processing
system”, with United Devices as well; another (6,862,488), to a “validation”
processing and workflow management system, with individual inventor
Amany Mansour-Awad; and the last (6,999,961), to an “information
content” aggregator, with individual inventor Mark Hall. The
‘961 patent is not asserted against Databricks, but the others
are.
Byteweavr was formed in Texas in June 2023. Its managing member
is Mind Fusion LLC, an entity that Riad Chummun
and James Weisfield established in Washington early in February
2023, identifying both Ascend Innovation Management and Weisfield
as its governors. Ascend Innovation Management is an entity that
Chummun and Weisfield, both of whom report past licensing positions
at IV, created in Washington state in July 2022. Also in February
2023, Intellectual Ventures Assets 186 LLC (IVA 186)
assigned 529 patent assets to Mind Fusion at the same time that Intellectual Ventures Assets 191 LLC (IVA 191)
assigned 352 to the NPE.
Note, also, that on the day of that transfer, February 14, Mind
Fusion also granted back to IVA 186 and IVA 191 a set of security
interests in the received assets designating the transferred
patents and “all Net Revenue (as such term is defined in the
[Patent Sale Agreement, dated as of February 14, 2023])” as
“Collateral” in which the security interest rests.
However, the Net Revenue portion of the Collateral excludes
“any Net Revenue that is properly distributed to either
Sellers or any of Sellers’ Affiliates or Purchaser and or its
Affiliates in accordance with the terms and conditions of the
PSA”. Therefore, IVA 186 and IVA 191 hold these interests as
assets as well.
Byteweavr is one of several Texas entities formed under Mind
Fusion in the May-July 2023 time period: Accessify, LLC (roughly 90 assets); Byteweavr
(about 45 assets); Crystal Mountain Communications, LLC (about 45
assets); Illumafinity, LLC (nearly 20 patents); and ThinkLogix, LLC (just shy of 100 assets). From
June-October 2023, Mind Fusion doled out the indicated number of
its former IV assets to the five Texas NPEs, also passing more than
60 of them to Musicqubed Innovations, LLC a Texas entity for
which Ascend Innovation is directly identified as managing member.
All this entity creation and patent spreading leaves Mind Fusion
with around 480 of the nearly 1,000 assets that it originally
picked up from IV.
As RPX previously reported, last October two IV
entities assigned a combined 145 patent assets to AI-CORE TECHNOLOGIES, LLC, yet another Texas
NPE managed by Ascend Innovation. Those patents are now on the move
again, AI-CORE moving 21 assets to Byteweavr on February 28, 2024
and a single patent to Illumafinity on March 4. The following is a
snapshot of the web of entities that Chummun and Westfield are
known to have created (with blue indicating an entity yet to file
suit, orange signaling a traditional NPE plaintiff, and gray
identifying Illumafinity as a plaintiff in an “e-seller”
type of case):
Illufaminity did file a more traditional patent case, against
Eski, in December; it lasted one week. Chummun and
Weisfield also formed Big Wheel Investments, LLC
in Washington state in July 2022. It is not clear what connection,
if any, that entity might have to this monetization enterprise.
Texas entity Slyde Analytics LLC received in December 2022
two sets of patents generally concerning wearables: a portfolio of 13 US assets (plus foreign
counterparts) from Myotest SA, a Swiss software
company that describes itself as “a pioneer in the capture,
analysis and interpretation of biomechanical metrics”; and a
portfolio of four US patents (plus foreign
counterparts) from Smart Communications SA. The
original assignee for at least some of the patents divested by
Smart Communications is Slyde Watch SA, a Swiss
start-up (“a revolutionary watchmaking experiment combining a
high-technology product and an internet platform”) that
appears to have gone bankrupt circa 2015. In February 2023, Slyde
Analytics (with confirmed funding from Longford Capital
Management) sued Samsung over a subset of
its received assets, adding a case against Zepp
Health last April.
Thus, Chummun and Weisfield are not simply in the business of
monetizing patents acquired from IV. For coverage of their growing
of web of entities, as they have developed through time, see
“Another Batch of Patents Leaves Intellectual
Ventures” (December 2023), with an update on Crystal
Mountain Communications’s even more recent campaign provided here. As suggested by the above chart, this
pair’s entity creation has not stopped. On March 7, 2024, Fintegraph, LLC was formed in Texas,
identifying Mind Fusion as its managing member. As yet, public
USPTO records do not reflect the move of patent assets into
Fintegraph’s hands.
Three of the patents that Byteweavr asserts against Cloudera and
Databricks have appeared previously in litigation. In its oldest
campaign, active since 2011 against over 40 defendants, IV has
asserted roughly 125 total patents, including the ‘752,
‘827, and ‘153 patents. Broadcom and
Tokio Marine Holdings (HCC
Insurance) filed petitions for inter partes
review (IPR) of the ‘752 patent; trial was instituted, but the
proceedings were terminated in light of settlements.
Dell (EMC),
Lenovo, and NetApp filed
petitions for IPR of the ‘827 patent; trial was instituted,
after which claims 1, 3-9, 13, 15-18, and 18-21 (all challenged
claims) were found unpatentable. In its new complaints, Byteweavr
focuses on claims 2 and 14 of the ‘827 patent. Finally,
HP Enterprise (HPE) filed an ex parte
reexam of the ‘153 patent, which led to a September 2022
certificate confirming the patentability of all claims considered
(1-4, 7, 18-20, and 51).
Bragalone Olejko Saad PC filed the new complaints for Byteweavr.
The Cloudera suit has yet to be assigned to a judge; Chief Judge
Rodney Gilstrap will preside over the Databricks case. 3/8,
Cloudera, Western District of Texas; 3/8, Databricks, Eastern
District of Texas.
Originally published March 9, 2024.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
#Ascend #Innovations #Byteweavr #Kicks #Campaign #Patents #Patent
