Pictiva Displays International Limited (f/k/a Dolya Holdco 5 Limited) has filed a new Eastern District of Texas case against Samsung (2:24-cv-00532) asserting the same two former OSRAM patents appearing in the original complaint that it filed against Samsung last October, as well as the four patents that it added through its March 2024 amended complaint in that existing case. This time, Pictiva Displays has a coplaintiff, its parent, Irish monetization firm Key Patent Innovations Limited (KPI), described in the new complaint as “the beneficiary of a trust pursuant to which Pictiva owns, holds, and asserts the Asserted Patents”. The coplaintiffs plead that they “bring this complaint in an abundance of caution because another defendant has challenged KPI's similarly-situated subsidiary Valtrus Innovations Limited's standing to assert patents in its own portfolio”.
KPI's public website advertises three portfolios, one held by each of Malikie Innovations Limited (former BlackBerry patents), Pictiva Displays (former OSRAM patents), and Valtrus Innovations (former HP Enterprise (HPE) patents). Valtrus has been litigating its portfolio since early 2022, against a host of defendants; Pictiva has filed only the pair of suits against Samsung; and this past March-April, Malikie began suing as well, hitting Acer, ASUSTek, and D-Link. The motion to dismiss for lack of standing in the Valtrus campaign based on KPI's ownership model was filed under seal on June 27, 2024. A version redacted for the public has yet to be docketed.
That motion prompted Pictiva to file this new belt-and-suspenders case against Samsung, Valtrus doing the same against active defendants in its campaign (see, e.g., a recent second Valtrus complaint filed against Alphabet (Google)). Malikie has yet to file any such second cases. As noted, the two patents appearing in Pictiva's original complaint (6,949,389; 8,314,547) as well as the four added through the first amended complaint (8,558,223; 8,723,164; 9,257,492; 11,828,425) are asserted in the second complaint against Samsung. The plaintiffs describe the patents as directed to “novel and fundamental aspects of OLED display technologies”. For additional background concerning Pictiva and the individuals behind KPI, see “KPI's Pictiva Sues Samsung over Former OSRAM Patents” (October 2023) and “Former BlackBerry Patents in Hand, Malikie Innovations Hits the Courts” (March 2024).
Chief Judge Rodney Gilstrap presides over the Pictiva litigation against Samsung. Pictiva is represented by Irell & Manella LLP and McKool Smith, P.C. 7/12, Eastern District of Texas.
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