IV Hits HP Enterprise In Long-Running Litigation Campaign – Intellectual Property – United States – Mondaq News Alerts


Intellectual Ventures LLC (IV)—through
Intellectual Ventures I LLC and Intellectual Ventures II LLC—has filed
suit against HP Enterprise (HPE) (6:21-cv-00226) over the provision of various
products related to enterprise data storage, virtualization, and
wireless networking. The new case keeps alive litigation in a
campaign that began in May 2013 but appeared to draw to a district
court close in January 2021, after dismissals with prejudice ended
separate suits against Arista Networks and
Dell (VMWare). A Federal Circuit
appeal remains active, filed by Dell (EMC),
Lenovo, and NetApp following a grant of summary judgment of noninfringement
in the District of Massachusetts.

IV has asserted dozens of patents over the life of this
campaign, the focus of which has shifted through the years. In its newest
complaint, IV accuses HPE of infringing seven patents (6,618,736; RE42,153; 7,783,788; RE44,818; 6,816,464; 8,023,991; 8,725,132), of disparate origins.

The ‘736 patent generally relates to managing “storage
units” divided up into private storage units within shared
storage units. IV targets certain Docker file system management
features deployed within various products utilizing Docker for
virtualized application support (including “HPE Docker
Enterprise Edition, HPE ProLiant family of servers with integrated
Docker, HPE Ezmeral Container Platform with Docker integration,
[and] HPE GreenLake Service for Containers”). Original
development work for the ‘736 patent was conducted at
Ensim Corporation.

The ‘153 patent broadly concerns distributed computing
platform in which a project server dynamically allocates workloads
across multiple client systems, where the server uses poll
communication to dynamically take snapshots of client utilization
and processing workloads in order to add or remove client systems
as needed for projects. With this patent, IV targets products using
Kubernetes for virtualized application support, including “the
HPE Ezmeral Container Platform (including with pre-integrated HPE
Ezmeral Data Fabric) and HPE Apollo Servers, as well as HPE
GreenLake cloud services for containers (including services powered
by the HPE Ezmeral Container Platform, and run on the HPE Synergy
integrated system)”. United Devices is the
patent’s original assignee.

READ  Letter: China Daily keeps US media afloat - Chico Enterprise-Record

IV accuses HPE of infringing the ‘788 patent through the
provision of certain enterprise storage systems, including
“the HPE 3PAR StoreServ family of flash-optimized data storage
systems, the HPE Primera Storage, HPE GreenLake Enterprise-Ready VM
Service when implemented with Primera Storage platform, [and] HPE
GreenLake Mission Critical Storage Service when implemented with
Primera Storage platform”. Originally issuing to 3Leaf
Systems (f/k/a 3Leaf Networks)
and passing through a
Huawei subsidiary and through the Florida State
University Foundation on its way to IV, the patent generally
relates to the management and configuration of virtualized I/O
subsystems.

The ‘818 patent broadly pertains to managing throughput to
network-attached storage by multiple clients, specifically by
allocating tokens in a hierarchical structure to devices. IV
targets certain HPE enterprise storage systems, including “the
HPE 3PAR StoreServ family of flash-optimized data storage systems,
the HPE Primera Storage, HPE GreenLake Enterprise-Ready VM Service
when implemented with Primera Storage platform, [and] HPE GreenLake
Mission Critical Storage Service when implemented with Primera
Storage platform”. The ‘818 patent followed the same
development and assignment path as that of the ‘788 patent.

The ‘464 patent generally relates to determining the
best-quality route for network traffic; in particular, Voice over
IP (VoIP) communications traffic. Asserted against certain edge
networking products, including “HPE’s Silver Peak Unity
EdgeConnect SD-WAN Edge Platform, including Intelligent Internet
Breakout, a/k/a Aruba EdgeConnect Platform, (‘Unity
EdgeConnect’)”, the ‘464 patent was originally
assigned to Array Telecom.

IV accuses HPE of infringing the ‘991 patent through the
provision of “the Adaptive Radio Management (ARM) feature of
HPE-owned Aruba’s operating system, ArubaOS (and all
versions/editions that support the ARM feature), including the
Aruba 7200 Series Mobility Controllers on which ArubaOS runs; the
Mobility Master feature, particularly the AirMatch Workflow
functionality, of ArubaOS 8 (and all versions/editions that support
such functionality)”. Originally granted to Autocell
Laboratories (f/k/a Propagate Networks)
, the patent
generally relates to adjusting the wireless power transmit levels
of multiple access points in a wireless network in order to reduce
interference.

READ  Sheriff: 2 bodies recovered from Texas plane crash site - Beaumont Enterprise

Finally, the ‘132 patent, following the same development and
assignment path as the ‘991 patent, broadly concerns adjusting
the power level of wireless transmission among multiple devices on
a network in order to reduce interference. The patent is asserted
against “the Mobility Master feature, particularly the
AirMatch Workflow functionality, of ArubaOS 8 employing Wi-Fi 6 and
Wi-Fi 6E technology (and all versions/editions that support such
functionality), including Aruba’s 802.11ax, 530 Series, and 550
Series Access Points (APs)”.

The case against HPE has been assigned to District Judge Alan D.
Albright. 3/9, Western District of Texas.

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.



READ SOURCE

LEAVE A REPLY

Please enter your comment!
Please enter your name here