iAs reported here, CTP Innovations recently filed patent infringement lawsuits against nine commercial printing companies. As alluded to in our prior post, the Printing Industries of America ("PIA"), a nonprofit trade association representing the printing and graphic arts industry, issued a notice denouncing the CTP actions and vowing to form a strategy to protect its targeted members.
True to its word, on July 29, 2013 and August 2, 2013, PIA filed Petitions for Inter Partes Review asking the PTO to invalidate all of the claims of U.S. Patent Nos. 6,611,349 and 6,738,155, respectively. Soon thereafter, joint or unopposed motions to stay litigation were filed in eight of the nine cases.[1] In the majority of the motions, the defendants asked the Court to stay the case as to all matters, deadlines, and discovery pending reexamination of the '349 Patent and the '155 Patent, including any appeals. CTP did not oppose a stay, but disagreed that the cases should be stayed through all appeals. In orders issued on August 23, 2013, Chief Judge Carnes agreed with CTP and granted the motions to stay, but held that CTP may seek to lift the stay upon completion of the PTO proceedings.
PIA also issued a press release regarding the cases, in which PIA's President and CEO, Michael Makin, had strong words for CTP: “We’re not going to stand by and let a patent troll intimidate our members into paying unnecessary licensing fees. The patents should never have been granted, since the claims were obviously based on prior patents and published documents. I hope this action will give our members the upper hand in fighting these frivolous lawsuits and causes the patent owner to discontinue its licensing campaign.” PIA also indicated in its press release that it has "mobilized its lobbying efforts in Congress in support of legislation to combat patent troll activity."
The cases are:
CTP Innovations, LLC v. Benson Integrated Mktg. Solutions, Inc., No. 1:13-cv-02166-JEC
CTP Innovations, LLC v. Walton Press, Inc., No. 1:13-cv-02174-JEC
CTP Innovations, LLC v Meyers Printing Co., Inc., No. 1:13-cv-02168-JEC
CTP Innovations, LLC v. Primary Color Sys. Corp., No. 1:13-cv-02169-JEC
CTP Innovations, LLC v. Progress Printing Co., No. 1:13-cv-02170-JEC
CTP Innovations, LLC v. Rohrer Corp., No. 1:13-cv-02171-JEC
CTP Innovations, LLC v. SleeveCo, Inc., No. 1:13-cv-02172-JEC
CTP Innovations, LLC v. Tucker-Castleberry Printing, Inc., No. 1:13-cv-02173-JEC
[1] CTP voluntarily dismissed one of the actions -- CTP Innovations, LLC v. Datamatx, Inc., No. 1:13-cv-02167-JEC -- without prejudice on July 22, 2013.
