Assignment history

Inventors

John McCue, Robert McCue, Gregory Shostakovsky, and Glenn McCue are the named inventors of US10735488. The patent text does not explicitly state their employer at the time of filing. However, the initial assignment of the patent application on September 28, 2018 (Reel 046399/0811) lists all four individuals as assignors to Audio Pod Inc., implying their association with Audio Pod Inc. at that time. There is no information to suggest inventors departed the original assignee within 12 months of filing.

Original assignee

The original assignee on the issued patent is Audio Pod Inc.

The patent describes a "Method of downloading digital content to be rendered" by segmenting audio streams into small digital audio files and managing their download, storage, and seamless playback on a client device (e.g., for audiobooks). It also details a "software product" with a user interface, navigation, memory management, and performance management to optimize content delivery. It is unclear from the patent text or readily available public information if Audio Pod Inc. itself shipped a commercial product embodying these specific claims. The primary line of business for Audio Pod Inc. appears to have evolved towards patent monetization, as evidenced by the subsequent transfer of the patent to an IP holding entity.

Current Status: Audio Pod Inc. transferred the patent rights to Audio Pod IP, LLC. Public records, including those from Unified Patents, identify Audio Pod IP, LLC as a Non-Practicing Entity (NPE) involved in patent litigation. This suggests that Audio Pod Inc. is likely no longer actively operating or commercializing products directly embodying the claims of this patent, at least not under that name and not for this specific IP.

Assignment timeline

• 2018-09-28 (executed) / recorded 2018-09-28 — Reel 046399/0811

  • Conveyance: Assignment
  • Assignor: MCCUE, GLENN; MCCUE, JOHN; MCCUE, ROBERT; SHOSTAKOVSKY, GREGORY
  • Assignee: AUDIO POD INC.
  • Correspondent: No correspondent listed.
  • Context: Initial assignment from inventors to the original corporate assignee.

• 2023-10-30 (executed) / recorded 2023-11-03 — Reel 057404/0839

  • Conveyance: Assignment
  • Assignor: Audio Pod Inc.
  • Assignee: AUDIO POD IP, LLC
  • Correspondent: ROBERT E. HARMON; HARMON & WILKES, LLP, 1630 Duke Street, Alexandria, VA 22314. This correspondent recurs in this assignment chain.
  • Context: Transfer of patent rights from the original operating company to an IP holding entity.

• 2023-10-30 (executed) / recorded 2024-02-05 — Reel 061245/0074

  • Conveyance: Nunc Pro Tunc Assignment
  • Assignor: Audio Pod Inc.
  • Assignee: AUDIO POD IP, LLC
  • Correspondent: ROBERT E. HARMON; HARMON & WILKES, LLP, 1630 Duke Street, Alexandria, VA 22314. This correspondent recurs in this assignment chain.
  • Context: Corrective or confirmatory assignment, retroactively effective to the original transfer date, to the IP holding entity.

• 2024-01-22 (executed) / recorded 2024-01-25 — Reel 059439/0719

  • Conveyance: Security Agreement
  • Assignor: AUDIO POD IP, LLC
  • Assignee: HPCF LITIGATION FINANCE US I LLC
  • Correspondent: ANDREA LEBLANC; ARROWOOD LLP, 1792 Bell Tower Ln, Naples FL 34105.
  • Context: Securitization of patent assets for litigation financing.

Timeline diagram

timeline
    title Ownership of US 10735488
    2018 : Inventors assign to Audio Pod Inc
    2020 : Patent issued
    2023 : Assigned to Audio Pod IP LLC
    2024 : Nunc Pro Tunc to Audio Pod IP LLC
         : Security agreement to HPCF Litigation Finance
         : First infringement suits filed

NPE / troll-pattern signals

1. Shell-entity transfer — present. On 2023-10-30 (executed) / 2023-11-03 (recorded) (Reel 057404/0839) and further confirmed by the Nunc Pro Tunc assignment on 2023-10-30 (executed) / 2024-02-05 (recorded) (Reel 061245/0074), Audio Pod Inc. transferred the patent to AUDIO POD IP, LLC. The "IP" suffix in the assignee's name strongly suggests an intellectual property holding or licensing entity. Unified Patents has identified Audio Pod IP LLC as an NPE.

2. Known asserter in the chain — present. Audio Pod IP LLC is the current assignee, and it is publicly listed by Unified Patents as a Non-Practicing Entity (NPE) involved in patent assertion activities, including litigation concerning US10735488. The Google Patents page for US10735488 also directly links to Unified Patents' data regarding IPR and district court cases involving this patent.

3. Repeat correspondent across the chain — present. ROBERT E. HARMON of HARMON & WILKES, LLP is listed as the correspondent for both the assignment to AUDIO POD IP, LLC on 2023-11-03 (Reel 057404/0839) and the subsequent Nunc Pro Tunc Assignment to the same entity on 2024-02-05 (Reel 061245/0074). This recurrence of the same correspondent firm and attorney for transfers to the IP holding entity is a strong signal.

4. Cascading transfers — not present. While there are multiple transfers, they are not rapid consecutive assignments through chained LLCs within a short period (<24 months) beyond the initial transfer to the IP entity. The Nunc Pro Tunc assignment merely clarifies the prior transfer.

5. Pre-litigation transfer — present. The patent was assigned from Audio Pod Inc. to AUDIO POD IP, LLC on 2023-10-30 (executed), and the earliest identified litigation cases (e.g., 3:24-cv-00407, 3:24-cv-00406) were filed in the Virginia Eastern District Court in 2024. This assignment occurred approximately 2-3 months prior to the first reported litigation, indicating the transfer was made in anticipation of assertion.

6. Bankruptcy fire-sale — not present. There is no evidence in the patent record or public information of Audio Pod Inc. filing for bankruptcy.

7. Privateering — unclear. While Audio Pod IP LLC is an NPE, there is no explicit public evidence (e.g., SEC filings, EFF/Patent Progress coverage) to suggest that the original operating company, Audio Pod Inc., is funding or directing the assertion against its competitors.

8. Defensive aggregator (anti-NPE) — not present. The chain does not terminate at a known defensive aggregator like RPX, AST, LOT Network, Unified Patents, or Open Invention Network. Instead, the patent is currently held by an entity actively involved in litigation.

Verdict

NPE — high confidence
This verdict is supported by multiple strong signals. The patent was transferred from Audio Pod Inc. to AUDIO POD IP, LLC (Reel 057404/0839, Reel 061245/0074), an entity whose name includes "IP" and is publicly identified as a known Non-Practicing Entity (NPE) by Unified Patents. Furthermore, this transfer occurred just a few months before the first infringement suits were filed in 2024, signaling a pre-litigation transfer. The recurrence of correspondent ROBERT E. HARMON of HARMON & WILKES, LLP for transfers to AUDIO POD IP, LLC (Reel 057404/0839, Reel 061245/0074) also points to a consistent legal strategy associated with patent assertion. The presence of a security agreement with a litigation finance company, HPCF LITIGATION FINANCE US I LLC (Reel 059439/0719), further reinforces the litigation-focused nature of the current ownership.

Verification: https://assignmentcenter.uspto.gov/patent/10735488