United States: LinKsmart Redirection Campaign Takes Flight…But Keeps One Case On The Ground

Last Updated: April 26 2018
Article by RPX Corporation

Linksmart Wireless Technology, LLC began its sole litigation campaign in 2008, suing multiple companies over one patent generally related to automatic, user-specific redirection. At issue were the defendants' products and systems for providing Internet access in hotspots and hospitality (i.e., hotel) settings. Ten years later, the same patent having emerged from reissue proceedings last summer, the NPE has now taken aim at two purveyors of in-flight entertainment systems—Gogo (8:18-cv-00654) and Panasonic (Panasonic Avionics) (8:18-cv-00662)—separately suing the airlines that use them: for Gogo, AeroMexico (2:18-cv-03335),  Air Canada (2:18-cv-03337), Air France-KLM (2:18-cv-03341), Alaska Air (2:18-cv-03345), American Airlines (2:18-cv-03349), British Airways (2:18-cv-03352), Delta Air Lines (2:18-cv-03354), United Continental Holdings (2:18-cv-03348); and for Panasonic Avionics, Southwest Airlines (8:18-cv-00660), The Emirates Group (2:18-cv-03353), and Westjet Airlines (8:18-cv-00657). The recent round of litigation does not however leave the ground entirely; Linksmart has also sued Sonifi Solutions(2:18-cv-03344) for providing Internet access in earthbound hospitality settings.

The original patent (6,779,118) issued in August 2004 with estimated priority date in May 1998 based on the filing of a provisional application. It names two inventors, Koichiro/Koichuru ("Ko") Ikudome and Moon Tai Yeung, both of whom assigned their rights to AuriQ Systems (f/k/a Auric Web Systems), the company that Ikudome founded. Linksmart pleads that AuriQ developed a prepaid Internet access card, as well as related technologies, before the "dot-com crash" forced the company to turn to its current focus: data analytics. The plaintiff further pleads that Ikudome formed Linksmart (which California records date to May 2008) to "continue to derive value from the intellectual property of his and Auric's innovative technological contributions".

In 2008, Linksmart filed a barrage of lawsuits in the Eastern District of Texas against parties involved in redirecting users of mobile computing devices, typically to an authentication page, including those making related networking equipment (e.g.Cisco), wireless providers (e.g.AT&T Mobility), those installing the local access systems (e.g.LodgeNet), and entities providing "hotspot" Internet connections in their establishments (e.g.InterContinental HotelsMcDonald's, etc.). The campaign saw stays to accommodate ex parte and inter partes reexaminations of the '118 patent, a June 2010 order construing multiple disputed claim terms, a partial grant of a motion for summary judgment of indefiniteness (invalidating original claims 15-17, 19, and 22-23), a voluntary dismissal of the Texas action in response to a threat to move to transfer to California, a subsequent refiling in the Central District of California against certain defendants, and various settlements, both with and without prejudice, some in light of acknowledged settlements and some in light of default judgments, throughout.

The last case ended in June 2013, at which point Linksmart embarked on a litigation hiatus, while it sought reissuance of the '118 patent, which began in April 2015. On June 27, 2017, the USPTO reissued the patent to Linksmart (RE46,459); gone were claims 1-90, and newly issued were claims 91-133.

The '118/'469 patent is not the only one naming Ikudome as inventor to have been litigated. In June 2014, AuriQ assigned it to Heritage Protected Transactions, LLC, a Texas entity currently managed by Monument Patent Holdings LLC, the litigation management arm of monetization firm Dominion Harbor Enterprise, LLC. Before October 2014, Heritage went by the name PACid Protected Transactions, LLC and was managed by one of the entities formed by Guy Fielder, founder of PACid Group, LLC, to engage in cybersecurity IP licensing. Heritage/PACid Protected Transactions assigned the patent to Guyzar LLC, an apparent affiliate of monetization firm IP Edge LLC in August 2015, and a few months later Guyzar launched a litigation campaign over the patent (5,845,070), which generally relates to using a separate certification server to authenticate a first server without revealing confidential information about the user. That campaign remains open, having hit over 75 defendants.

Linksmart concurrently filed a notice of interested parties in each case, identifying only the parties, and a corporate disclosure statement, identifying AuriQ as its corporate parent.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions