Tag Archives: Cisco

The Saga Continues Between UnifiedOnline/Chanbond & The 13 Cable Companies

Fairfax, VA, 03-Aug-2018 — /EPR Financial News/ — UnifiedOnline, Inc. acquired 100 percent membership interest of ChanBond, LLC on 27th October 2015. That was a portfolio of patents through which the company understands that there is a technology that allows all the major cable companies to offer high-speed data transmission over the hybrid-fiber coaxial networks. UOIP purchased Chanbond for $5,000,000 payable before October 2020 along with 44,700,000 shares of the common stock. On 21st September 2015, Chanbond files a lawsuit in District Court of U.S. against the 13 biggest cable MSOs in the country. Chanbond claims that every cable multi-system operator in the country is virtually using DOCSIS 3.0+ which is infringing upon its patents. The three alleged infringement of wideband signal distribution system patents are:

Patent #1: 7,941,822

Patent # 2: 8,341,679

Patent # 3: 8,984,565

One of the major cable modem manufacturer Cisco filed eight interparty reviews on these patents. Six of the Cisco IPRs on patent 2, and 3 were not established for IPR. Only one of eight interparty reviews was established for IPR on March 3, 2017. Chanbond and the legal team of Mishcon de Reya New York LLP which is a respected law firm are appealing the single IPR that Cisco got.

ChanBond, LLC v. Cisco Systems, Inc.

Federal Circuit U.S. Court of Appeals

Case #:            0:18-bcaag-01886

Case Files: Apr 26, 2018

ARRIS International PLC also filed for five interparty reviews on these patents, but on July 27, 2018, the PTAB denied Arris a hearing because the petition is time-barred. Arris and Cisco are not being sued; only the thirteen cable companies are being sued for the infringement. However, the modem manufacturers are trying to invalidate the patents because their clients are at risk of patent infringement and Arris International has made it public that they have indemnified certain cable companies. This is from the “ARRIS Form” 10-K filed for March 31, 2018

From page 47 ARRIS INTERNATIONAL PLC FORM 10-K

https://www.sec.gov/Archives/edgar/data/1645494/000119312518066821/d505150d10k.htm 

“ChanBond v. MSOs, C.A. 15-cv-00848, et al, District of Delaware (RGA). On September 21, 2015, ChanBond filed suit against several MSOs alleging infringement of three US Patents. Certain of our customers have requested that we provide indemnification. The complaint requests unspecified damages for infringement and injunction against future infringement. To date, no evidence of infringement or damages has been introduced. It is premature to assess the likelihood of an unfavorable outcome. In the event of an unfavorable outcome, ARRIS may be required to indemnify the MSOs and/or pay damages for utilizing certain technology.

Throughout all of this UnifiedOnline has remained quiet and if you search UOIP on OTCMarkets the company is listed as Caveat Emptor (buyer beware) and as Delinquent SEC reporting. On October 26, 2014, UnifiedOnline Inc. submitted the necessary 13-D with the SEC (https://www.sec.gov/Archives/edgar/data/1097718/000135448815005061/uoip_sc13d.htm) that they were operating in the dark. The sole manager of the company is William R. Carter, Jr. and he is the one who has exclusive and sole authority over all the activities and operations.

During this time there have been no comments from UOIP, but do not let that cloud your judgment about the validity of the company, its patents, or this case. Bear in mind that UnifedOnline retains Mishcon de Reya New York LLP which is a respected law firm, representing a diverse portfolio of clients in more than 60 countries with more than 200 litigators across New York and London. UnifiedOnline has been under the microscope of the 13 largest cable companies in the United States (billion dollar corporations) and the Federal Court System. If there were a hint of scam or any wrongdoing no one would be wasting time, energy, and money to fight these patents. Do not confuse silence on UOIP’s part with sound legal recommendations.

Keep yourself informed with the court schedule, but keep in mind that this may settle or UOIP could be bought out any moment between now and the actual trail.

https://www.docketalarm.com/cases/PTAB/IPR2018-00572/Inter_Partes_Review_of_U.S._Pat._8341679/06-01-2018-Patent_Owner/Exhibit-2043-62-EX2043_DI_271_2018_05_24_Amended_Scheduling_Order/

Please do your own research and perform due diligence before taking my word or the advice of others.

Disclosure: I am long UOIP

The Story of ChanBond’s Fight for its Patent Infringement

Fairfax, VA, Jun-14-2017 — /EPR FINANCIAL NEWS/ — ChanBond is currently owned by UnifiedOnline (UOIP) and it is in a legal fight with the 13 cable service providers in the country. The important point to understand is that ChanBond has patented a system of frequency distribution, which is unique and dissimilar to the way Cisco describes its RF frequency use.

This means that the company is able to present the fact that all cable service providers that are employing the DOCSIS 3.0+ technology are infringing its patents. ChanBond took it a step further when it filed against the largest cable multi-system operators (MSOs) in the country in the District Court of Delaware.

These companies use high speed transmission of data of fiber-coaxial hybrid networks using a technology which comes under the patents of ChanBond. Cisco has already attempted to deny their claims by filing to get the ChanBond patents invalidated.

However, the Patent Trial and Appeal Board (PTAB) rejected all six petitions from Cisco that asked for reviewing of ChanBond’s patents. PTAB officials indicated that Cisco failed to show that these patents are invalid since the patent company was able to show that they are unique from other patents. Here are the details of the patents under review.

Patent 8,341,679

This patent describes the use of an intelligent system which can distribute digital signals using a wideband signal distribution setup.

Patent 8,894,565

This patent describes the supplementary setup details such as the insertion device and the driving unit. It also includes the rotating tubular member.

ChanBond Wins at PTAB

ChanBond has successfully won a favor delivered by PTAB when it declared that Cisco and different cable companies (RPX) have failed to show that UOIP’s relevant patents should be considered as redundant and invalid. The board clearly expressed that the patents are clearly distinct and there are no grounds to discuss their invalidation.

If we look at the history of this situation, we find that as ChanBond filed against the 13 major cable companies, they had to stop the court proceedings. They decided to challenge the actual patents with the governing body of PTAB. However, their hopes are now severely dented since the board has clearly ruled in favor of ChanBond/UOIP. They now face an uphill battle in any legal setting since this decision is admissible evidence in all courts of the United States.

It is important to understand that ChanBond now holds a key element in all their court cases. The current order provides a proposition for the involved parties to reach a settlement. A look at the official documents also reveal that the court has specifically mentioned that the evidences presented in the court about the technical details of the protocols employed by cable companies fully failed to present that these patents were invalid.

In fact, PTAB found that not only are these patents active, the current methods employed in the industry may be in violation of these patents since they employ their specifically defined methods.

The best way to go about it now is for the cable companies to find a settlement within the appeal which is going on to PTAB, rather than allowing the focus to shift on the court cases in Delaware, which are started by ChanBond/UOIP.

Technical Details of the Case

There are several important details of the petition in PTAB which was filed for 31 claims on November 20, 2015. The patent owner responded using the preliminary response method on March 10, 2016. The court initially found out that the RPX Corporate may have at least a single challenged claim, and proceeded further. ChanBond then filed its Patent Owner’s Response which is a detailed response that describes the details of the patent and how it maintains its originality. RPX in turn, responded with a reply.

The oral hearing on this important dispute occurred on January 30, 2017 and the hearing was also entered into the record. The court adjourned that it held the required jurisdiction and found that the evidence presented by RPX was not sufficient to demonstrate that claims 1-31 were unpatentable according to the laws of 35 USC 102(b) and 103(a).

The DOCSIS 1.1.4 was the main pillar of the claim presented by the cable companies. The court discovered that the concept of a digital stream comprising of multiple coded RF signals was similar in its definition in terms of ChanBond as well as the opposing RPX.

The Court also observed in cases where multiple patents and conditions are under review, it is essential to follow the market practices in order to find relevance. Explicit analysis is essential in such cases, and this too, was the basis of resolving this particular dispute.

RPX suggested that the modern cable modems followed the code already described as the national standard at the time of the application of the ChanBond patents. However, ChanBond asserted that there is no record to show that any national standard was in place at the time of the patents that describe digital stream transmission.

The court summarized that RPX as claimants had to bear the burden of proof. They failed to show that any skilled artisan would have used the same technique as explained in the patents of ChanBond/UOIP. The technological perspective presented by RPX failed to establish that there was any industry practice to use the modem configuration and the set of devices described in the patents of ChanBond in a traditional manner. The court declared that if parties want to seek a judicial review, then they would have to serve the requirements of 37 CFR 90.2.

Effect on UOIP Stocks

Although it is difficult to predict the stock prices as they keep changing over time., we find that being involved in a serious lawsuit can often send the stock prices on a downward spiral. However, there are times when this does not happen, especially if the lawsuit is not well-known or comes from quarters not considered as industry specific. Nevertheless, prior experience shows that winning lawsuits more often than not, produces a positive effect on stock prices.

UnifiedOnline (UOIP) stocks are going to do well over the next few months. They have won this major case in PTAB, and they can now aggressively push the cable companies and Cisco to enter a mutual settlement worth millions of dollars.

The volume of sales of UOIP stocks has been clearly on the rise. Although we may observe some corrections over the next few weeks, it is imperative to note that the stock prices will remain on the high, as investors actively seek to make use of this winning opportunity. This is because the resolution of lawsuits in a positive manner decrease the fear factor among market investors and allow them to be more liberal with the company stocks.

They are more eager to hold on to such stocks, which ultimately provide support to the company. As this particular lawsuit and legal position suits the general position of ChanBond/UOIP, it is natural to find that the stocks will keep rising up. As the news emerges and becomes well known in investors, UOIP will continue to perform positively and reach a better financial position in the next fiscal year.

UOIP Stocks will also soar, since there is a chance now for an expensive settlement. This will provide ChanBond/UOIP with greater monetary resources. This means that they will further expand their operations and continue to excel in the near future.

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