Texas NPE Launches Cloud Computing Campaign – Intellectual Property

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LS Cloud Storage Technologies, LLC has filed its first litigation over the “cached data storage” patents that it received back in October 2016. The defendants are
Alphabet (Google) (6: 22-cv-00318), Amazon (6: 22-cv-00316), Cisco (6: 22-cv-00319), and Microsoft (6: 22-cv-00321), sued in separate Western District of Texas complaints targeting storage servers / serviceseg, Amazon Web Services) with overlapping subsets of three such patents. This campaign appears to mark the return to active patent monetization for a figure who has been relatively quiet for a couple of years.

In separate October 2016 assignments, Spot Ontransferred to LS Cloud Storage a family of four U.S. patents, including the three that the NPE has now begun litigating (6,549,988; 8,225,002; 10,154,092). Ilya (“Elliot”) Gertner, the sole inventor named for the family, signed as Spot On’s president. The family has grant dates ranging from April 2003 through December 2018, with earliest estimated priority in January 1999. Gertner bills himself “Cloud Consultant, Trainer and Computer Science Instructor”, identifying current positions as principal for Spot On (since only September 2021) and
Network Disk (since January 2013) and computer science instructor with several colleges and high schools (College of the Desert, Reedley College, Cypress College, and Monrovia High School). Gertner passed the litigated patent family to and from Network Disk before moving it to Spot On.

The ‘092 patent is asserted against all four defendants; the ‘988 patent, against all but Google; and the ‘002 patent, against only Cisco. An assertion grid for the campaign can be viewed on RPX Insight.

LS Cloud Storage was formed in Texas in August 2016, back when its current manager, IP attorney Matt Olavi was much more active in the patent monetization space. For example, Janus Semiconductor Research, LLC litigated a campaign from December 2016 through August 2017 (asserting a single clock circuit patent against Intel,
Kingston Technology, Micron Technology, Samsungand
SKhynix). At training in July 2016, Janus identified Muazaz Younes — apparently Olavi’s mother — as his manager, only to replace Younes with Olavi himself in a March 2017 filing.

This pattern appears to hold for other entities that Olavi has controlled—ie, the entity is formed with another Texas resident as manager whom Olavi later replaces, Olavi sometimes serving as counsel after the entity files litigation. For example, Dunti Network Technologies, LLC, LS Cloud Technologies, and UPF Innovations LLC are all Texas entities that named Brandon Thomas (apparently a resident of Austin) as manager at formation, only identifying Olavi as a member of each LLC in later state filings .

Dunti’s litigation campaign (asserting networking patents acquired from their individual inventor in separate cases against
Arista Networks, BroadcomCisco,
Extreme Networks, HP Enterprise,
HuaweiIntel, and Juniper Networks) ran from September to December 2016; UPF Innovations’s (asserting a single circuit identification patent also acquired from an individual inventor in separate cases against
Coherent Logix, Intrinsic ID,
Microchip Technology (Microsemi),
NXP Semiconductors, Raytheon(The Athena Group), Renesas,
Silicon Labs (Redpine Signals), and Synopsis), from August 2017 through January 2020. In the UPF campaign, the plaintiff identified one nonparty having an interest in the outcome of the litigation: ICID, LLCan entity formed in Oregon in December 1999 by the asserted patent’s sole named inventor Keith Lofstrom.

For details concerning yet another litigation campaign connected to Olavi, begun and finished in 2019, see “New NPE with Curious Connections Files First Litigation over One of Eleven Patents Acquired from Eastman Kodak” (February 2019). Olavi had been practicing as part of Olavi Dunne LLP out of Los Angeles, California; now, his practice is advertised as “exclusively represent[ing]small-to-medium size technology-oriented businesses and individual inventors to help them develop, protect, and enforce their intellectual property rights “through Olavi Law PC, based in Austin, Texas.

Ramey LLP filed LS Cloud Storage’s complaints. The plaintiff pleads that it “reserves the right to amend to assert claims for indirect and willful infringement if discovery reveals an earlier date of Defendants’ knowledge of the patents”. 3/25, Western District of Texas.

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