In its newest complaint, filed by Ramey LLP in the Western District of Texas, CLOUD SYSTEMS HOLDCO IP LLC (CSHIP) states, "The Accused Instrumentality is Google Smart Home". That assertion appears to contradict the identity of the defendant, Comcast ( 7:24-cv-00072), as well as the claim chart attached to the complaint, which instead identifies a variety of Comcast's own smart home security products sold under its Xfinity brand, including the Xfinity Home app, its "The Panel" control device, as used to control a home security system, including security cameras, sensors, video doorbells, and door locks. In an earlier, separate action, Google has asked the court to dismiss the case with prejudice because CSHIP missed its deadline to respond to a motion to dismiss.

Targeted with the sole patent-in-suit against Comcast (7,975,051) in that claim chart are control features include the ability to arm and disarm the security system and the ability to "[s]et real-time alerts, create schedules, and automate scenes for smart lighting" as well as see live video. The '051 patent is one of five at issue across the cases in this campaign. The patents belong to a family of eight with issue dates ranging from July 2011 through July 2019 and with an earliest estimated priority date in May 2006 based on the filing of a provisional application.

The original development work for the patents was conducted at Cloud Systems, a software development firm based in the San Francisco Bay Area. Cloud Systems assigned the family to Cloud Systems HoldCo LLC (CSH), a Delaware entity, in July 2013 after Cloud Systems itself closed its doors, H. Jeffrey ("Jeff") Leonard signing as the defunct company's chairman and director. In July 2023, Unified Patents triggered an ex parte reexamination of one of the other patents-in-campaign (8,909,779), which remains active. Cases against Alphabet (Google) and Amazon (Ring) have been stayed to await the outcome of that proceeding.

CSHIP was formed in Texas in June 2022, with state records identifying as its managers Entente IP LLC, a Delaware entity established in May 2020, and Pueblo Nuevo LLC, a Texas entity formed in December 2020 by manager Dynamic IP Deals, LLC (d/b/a DynaIP), a Texas monetization firm associated with a growing number of NPE plaintiffs over the past couple of years.

By operation of standing orders in the Delaware courtroom of District Judge Colm F. Connolly, it has been revealed that David Ghordanpoor is the full owner of Entente IP and that Hernan Arturo Perez Torrijos is the full owner of Pueblo Nuevo. A David Ghordanpoor serves as a director of Innovation Acceleration Capital. Ghordanpoor signed directly on behalf of CSHIP to substantiate the transfer of its assets. On social media, Ghordanpoor describes himself as a former Ocean Tomo consultant focused on IP monetization and venture investing. Perez Torrijos is a Panamanian citizen of uncertain professional situation. DynaIP appears to be managing multiple litigation campaigns for plaintiffs owned indirectly by Ghordanpoor and/or Perez Torrijos.

DynaIP is a patent advisory and monetization firm, also formed in Texas, in September 2013, by Carlos O. Gorrichategui. Gorrichategui identifies himself on social media as engaged in "IP Monetization", as the president of DynaIP since its beginning, and as the cofounder and COO of NextTechs Technologies LLC, "a technology investment bank engaged in the global intermediation of IP offers and needs" based in Houston, Texas. Through DynaIP and associated entities, Gorrichategui manages multiple litigation campaigns, including those of AML IP LLC; MISSED CALL, LLC; SAFE IP LLC; and more. Management for several of those entities has shifted over the past couple of years, with certain of them at one point managed directly by DynaIP, rather than through Pueblo Nuevo. To date, however, only AML IP sits in that configuration; the remaining entities are managed by Pueblo Nuevo and/or Entente IP.

CSHIP launched its sole litigation campaign in October 2022 with suits against ADT, Ascent Capital Group (Monitronics International (d/b/a Brinks Home)), Philips North America, Samsung, and Vivint, all in the Western District of Texas. The suits against ADT (dismissed with prejudice in light of a finalized "agreement in principle" to end the dispute), Monitronics (voluntarily dismissed without prejudice), Philips North America (voluntarily dismissed without prejudice), and Vivint (dismissed with prejudice after the filing of an answer) ended in the first half of 2023. Samsung filed its answer in December 2022, the docket sitting dormant through a dismissal with prejudice this past September.

In 2023, CSHIP expanded its campaign with suits against Armstrong Group (Guardian Protection Services), Bosch Security Systems, Carrier Global subsidiary Onity, CPI Security Systems, Google (in two separate complaints), Monitronics (in a second complaint), The Philadelphia Contributionship (Vector Security), and Ring. The cases against Bosch, CPI Security Systems, Guardian Protection Services, and Vector Security have been dismissed (each without prejudice except Vector Security), all prior to any substantive litigation. As noted, the Ring case has been stayed in light of the ex parte reexam. The parties just requested a stay in the Onity suit to facilitate consummation of an agreement to resolve the dispute, while the second Monitronics suit has been transferred to the Northern District of Texas.

The first case against Google has also been stayed to await the outcome of the ex parte reexam. In the second, Google filed a January 29, 2024 motion to dismiss for pleading inadequacies. CSHIP's deadline to respond to that motion was due, per Google, on February 12, 2024; CSHIP neither filed an opposition or an amended complaint (that would have mooted the motion). This past week, Google filed a notice of nonopposition to its earlier motion, asking the court to grant it as unopposed thereby dismissing the case with prejudice.

Google bolsters its argument by pointing out that "CSH[IP]'s counsel has repeatedly ignored and failed to comply with applicable filing rules, including in other cases filed by CSH[IP]'s counsel against Google". Problems with Ramey LLP's representation of NPEs, including repeated missed deadlines, some of them resulting in case-dispositive court action, have been well-reported—to start, see "When It Rameys, It Pours" (November 2023), with updates provided here and here.

Filed by Ramey LLP as well, the Comcast suit is CSHIP's first of 2024. It has been initially assigned to District Judge David Counts. 3/5, Western District of Texas.

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