US 11188998

US Patent 11188998 Summary:

Title: Method for embedding searchable information, encryption, signing operation, transmission, storage and retrieval

Assignee: MYPORT TECHNOLOGIES Inc

Inventor: Michael F. Malone

Filing Date: August 16, 2019 (for application US16/543,293)

Issue Date: November 30, 2021

Abstract: A cell phone is described for acquiring and transmitting information to a receiving facility. It includes a capture device, a processor to associate date, time, and subscriber information with the captured data, a transmitter, and an encryptor. The processor creates "augmented captured information" by embedding date and time details, and then includes subscriber information in the transmission. The encryptor uses a symmetrical encryption algorithm to secure this augmented information before transmission.

Plain-Language Overview of Independent Claims:

• Claim 1 (Method Claim): This claim describes a method for securely handling digital information (images, audio, or video). It involves:

  1. Capturing Information: Acquiring an image, audio, or video file.
  2. Local Certification: Obtaining the date, time, and location where the information was captured.
  3. Embedding Information (Steganography): Embedding this date, time, and location data directly into the captured file using a steganography algorithm, creating "augmented captured information." This makes the information a permanent, hidden part of the file.
  4. Creating a Hash: Generating a unique digital fingerprint (hash) of this augmented file.
  5. Certification Authority (CA) Verification: Sending this hash to a trusted third-party (Certification Authority) to get a digital certificate confirming the file's authenticity.
  6. Receiving Certificate: Getting the certificate back from the CA.
  7. First Encryption Layer (Symmetrical): Encrypting the augmented file using a symmetrical encryption algorithm.
  8. Second Encryption Layer (Asymmetrical): Further encrypting the already encrypted file using an asymmetrical encryption algorithm, resulting in "doubly encrypted augmented captured information."
  9. Transmission: Sending both the doubly encrypted file and the CA certificate to a receiving facility.
  10. Storage: Storing these encrypted files and certificates in a database at the receiving facility.

• Claim 11 (Apparatus Claim): This claim describes a physical apparatus (device) that performs the functions outlined in the method claim. It comprises:

  1. Capture Device: A component (e.g., camera, microphone) to acquire images, audio, or video.
  2. GPS Receiver: A component to obtain the date, time, and location of the capture.
  3. Processor (for Embedding and Hashing): A processing unit configured to embed the date, time, and location information into the captured data using steganography (forming augmented captured information), and then to create a hash of this augmented information and send it to a Certification Authority.
  4. Receiver: A component to receive the certificate from the Certification Authority.
  5. Encryptor (Two Layers): An encryption unit designed to first encrypt the augmented information symmetrically, and then encrypt it again asymmetrically, creating doubly encrypted augmented captured information.
  6. Transmitter: A component to send the doubly encrypted information and the certificate to a receiving facility for storage.

• Claim 19 (System Claim): This claim describes a system that performs the functions using "means-plus-function" language, essentially covering any means capable of performing the steps. It includes:

  1. Capture Device: A device to acquire images, audio, or video.
  2. Means for Obtaining Date/Time/Location: Any component or method for getting the date, time, and location information.
  3. Means for Embedding: Any component or method for embedding this information into the captured data via steganography.
  4. Means for Forming Hash: Any component or method for creating a hash of the augmented data.
  5. Means for Submitting to CA: Any component or method for sending the hash to a Certification Authority.
  6. Means for Receiving Certificate: Any component or method for receiving the certificate from the CA.
  7. Means for Symmetrical Encryption: Any component or method for performing symmetrical encryption on the augmented data.
  8. Means for Asymmetrical Encryption: Any component or method for performing asymmetrical encryption on the symmetrically encrypted data.
  9. Means for Transmitting: Any component or method for sending the doubly encrypted data and certificate to a receiving facility.
  10. Means for Storing: Any component or method for storing the data and certificate in a database at the receiving facility.

Litigation/Legal Status Notes:
The patent's legal status is listed as "Expired - Fee Related". There is a PTAB case IPR2025-01467 filed which had a procedural termination. A US case was filed in the Court of Appeals for the Federal Circuit (CAFC) under case number 26-1372. This CAFC case is identified as ongoing litigation.

No litigation explicitly involving US patent 11188998 was found in the provided search results. The search results pertained to a different legal matter regarding gambling loss recovery actions. Therefore, I cannot provide details on plaintiff(s), defendant(s), jurisdiction, case number, filing date, and outcome or current status for litigation involving US patent 11188998.

Proceedings overview

There has been one AIA trial proceeding filed against US Patent 11188998: IPR2025-01467. This proceeding was terminated, resulting in no claims being invalidated or sustained by a Final Written Decision. This means the patent's claims remain untested by PTAB on the merits, offering a defendant little clarity from IPR outcomes but also no claims invalidated.

IPR2025-01467 — [Apple Inc.](/litigations/by-plaintiff/Apple%20Inc.) v. Myport Technologies Inc.

• Type: Inter Partes Review
• Filed: 2025-09-09
• Status: Terminated (Procedural Termination)
• Judge panel: Information not publicly available without access to the full docket for a terminated IPR.
• Petition grounds: Specific claims, prior art, and statutory bases (§ 102 / § 103 / § 112) are not publicly available due to the procedural termination prior to institution.
• Institution decision: The proceeding was terminated, and therefore no institution decision on the merits was issued.
• Final Written Decision: No Final Written Decision was issued as the proceeding was terminated prior to reaching that stage.
• Settlement / termination: The proceeding was terminated on April 4, 2026, due to "Procedural Termination". The specific reasons for termination (e.g., settlement, joint request, petitioner withdrawal, or a defect in the petition) are not detailed in the public Google Patents record. Details of any settlement, if applicable, are typically confidential.
• Appeal: No appeal to the Federal Circuit was made regarding this IPR, as no Final Written Decision was issued.
• Defensive value: This IPR proceeding has no direct impact on the patentability of the claims of US11188998 since it was terminated before a decision on the merits. A defendant facing assertion of this patent will find that the claims have not been challenged or confirmed by the PTAB in this instance. The "Procedural Termination" likely means that Apple Inc. (the petitioner) would not be estopped under 35 U.S.C. § 315(e)(1) from bringing challenges they raised or reasonably could have raised, if the termination occurred before institution.

Strategic summary

All claims of US Patent 11188998 remain UNTESTED by the PTAB on the merits. The single IPR filed, IPR2025-01467 by Apple Inc., was terminated procedurally and did not result in an institution decision or a Final Written Decision. This means the PTAB has not yet adjudicated the patentability of any claims in this patent.

The estoppel landscape is likely clear. For an IPR, estoppel under 35 U.S.C. § 315(e)(1) typically applies only to claims for which a final written decision is issued, or where institution was denied on a ground that was fully litigated. A procedural termination before institution typically avoids estoppel. Therefore, any entity, including Apple Inc. (depending on the exact nature and timing of the termination), would likely not be barred from raising prior art grounds against this patent in future proceedings.

Regarding pattern signals, only one IPR has been filed, and it was terminated. This does not establish a clear pattern of aggressive PTAB appeals by the patent owner or multiple challenges by the same petitioner that reached a decision on the merits. The involvement of Apple Inc. as a petitioner suggests that the patent may have been asserted against them, or they saw it as a potential threat.

Recommended next steps

Since IPR2025-01467 resulted in a procedural termination before a decision on the merits, all claims of US Patent 11188998 are considered untested by the PTAB. If facing assertion of this patent as a defendant, the absence of PTAB-validated claims (either sustained or invalidated) means that an IPR challenge remains a viable option, without the burden of overcoming previous PTAB decisions.

It would be prudent to investigate the precise reason for the "Procedural Termination" of IPR2025-01467, as this could offer insight into potential strategies or weaknesses. Information about the petition grounds, if they were made public at some point, could also be valuable for assessing potential prior art challenges. No active proceedings are currently pending according to the provided list. The patent's claims have not been formally challenged and decided upon by the PTAB.

To delve deeper into the terminated IPR, one would need to access the full docket for IPR2025-01467 on the USPTO Patent Trial and Appeal Board End-to-End (E2E) System.

Inventors

• Michael F. Malone (Employer not specified in the patent at the time of filing)

No unusual patterns, such as inventors departing the original assignee, are determinable from the provided patent text.

Original assignee

The original assignee listed on the issued patent US11188998B2 is Myport IP Inc.

Based on the provided patent text, it is unclear whether Myport IP Inc. shipped a product embodying the claims. Their primary line of business, as inferred from the patent, appears to be related to information transmission systems with secure embedding, encryption, storage, and retrieval of digital media.

Their current status is unclear from the provided document. The legal status on Google Patents is "Expired - Fee Related," and there have been several reassignments, but the current operating status of Myport IP Inc. itself is not specified.

Assignment timeline

The following is the assignment timeline for US Patent 11188998, based on the provided Google Patents legal events. It's important to note that without direct access to the USPTO Assignment Center, some details such as reel/frame numbers, exact conveyance types (beyond "reassignment"), and correspondent information cannot be fully reconstructed.

• 2019-08-16 (filed) / recorded (N/A) - Reel (N/A)
  • Conveyance: Application filed
  • Assignor: (Inventor: Michael F. Malone)
  • Assignee: Myport IP Inc
  • Context: Original filing of the patent application.
• 2019-08-19 (executed) / recorded (N/A) - Reel (N/A)
  • Conveyance: Reassignment
  • Assignor: Frederick J. Murphy, Michael F. Malone
  • Assignee: MYPORT TECHNOLOGIES Inc.
  • Context: Transfer of interest from inventors to MYPORT TECHNOLOGIES Inc.
• 2020-07-14 (executed) / recorded (N/A) - Reel (N/A)
  • Conveyance: Reassignment
  • Assignor: MYPORT TECHNOLOGIES Inc.
  • Assignee: MYPORT IP, INC.
  • Context: Transfer of interest from MYPORT TECHNOLOGIES Inc. back to MYPORT IP, INC.
• 2021-11-30 (granted) / recorded (N/A) - Reel (N/A)
  • Conveyance: Application granted
  • Assignor: (N/A)
  • Assignee: Myport IP Inc (original assignee on granted patent)
  • Context: Patent issuance to Myport IP Inc.
• 2024-10-23 (executed) / recorded (N/A) - Reel (N/A)
  • Conveyance: Patent Security Agreement
  • Assignor: MYPORT TECHNOLOGIES, INC.
  • Assignee: IP LITFIN US 2024 LLC
  • Context: Security agreement granted by MYPORT TECHNOLOGIES, INC. to IP LITFIN US 2024 LLC. This indicates that IP LITFIN US 2024 LLC has a financial interest in the patent. IP LITFIN US 2024 LLC is associated with litigation funding.
• 2024-10-25 (executed) / recorded (N/A) - Reel (N/A)
  • Conveyance: Reassignment
  • Assignor: MYPORT IP, INC.
  • Assignee: MYPORT TECHNOLOGIES, INC.
  • Context: Transfer of interest from MYPORT IP, INC. back to MYPORT TECHNOLOGIES, INC.

Timeline diagram

timeline
    title Ownership of US 11188998
    2019 : Filed by Myport IP Inc
         : Reassigned to MYPORT TECHNOLOGIES Inc
    2020 : Reassigned to MYPORT IP INC
    2021 : Patent granted
    2024 : Security agreement to IP LITFIN US 2024 LLC
         : Reassigned to MYPORT TECHNOLOGIES Inc

NPE / troll-pattern signals

1. Shell-entity transfer — Unclear. While Myport IP Inc. and MYPORT TECHNOLOGIES Inc. have names that could be associated with intellectual property holding, there is no definitive information within the provided text or search results to confirm they are solely licensing-only LLCs with no products in commerce. The search results show a "MyPort.al" which is an "OS for your life" dashboard, suggesting a potential product or service, but it's unclear if this is directly tied to the patent's claims or the entities "Myport IP Inc" or "MYPORT TECHNOLOGIES Inc". Another entity, myIPgear.com, sells networking equipment and uses "myIPgear.com" which is phonetically similar but appears to be distinct. Schindler, an elevator company, offers "Schindler myPORT" smartphone app features. No-IP offers "Embed Dynamic DNS directly into your hardware or platform". These suggest the "Myport" name is used by several companies, making a clear determination of Myport IP Inc. or MYPORT TECHNOLOGIES Inc. being shell entities difficult without more specific product information.
2. Known asserter in the chain — Present. IP LITFIN US 2024 LLC appears in the assignment chain via a Patent Security Agreement dated 2024-10-23. This entity is described as a litigation funder investing in critical areas of technology, and is associated with funding lawsuits of non-practicing entities (NPEs).
3. Repeat correspondent across the chain — Unclear. Without access to the USPTO Assignment Center to view correspondent names and firms for each transaction, it is not possible to determine if the same correspondent recurs.
4. Cascading transfers — Not present. While there are two reassignments in 2019 and two transactions in 2024, the gaps between them (August 2019 to July 2020, and November 2021 to October 2024) are longer than 24 months, or involve different types of transactions (reassignment then security agreement then reassignment in the 2024 sequence).
5. Pre-litigation transfer — Unclear. While there is ongoing litigation related to the patent (PTAB case IPR2025-01467 and CAFC case 26-1372), the specific filing dates of these infringement suits are not provided. Therefore, it's not possible to determine if any assignment occurred within 6 months prior to the first infringement suit.
6. Bankruptcy fire-sale — Not present. There is no indication in the provided information that any of the assignors filed for Chapter 7 or 11 bankruptcy.
7. Privateering — Unclear. There is no information to suggest an operating company transferred the patent to an NPE to assert on their behalf against competitors.
8. Defensive aggregator (anti-NPE) — Not present. The chain does not end at any known defensive aggregators such as RPX, Allied Security Trust (AST), LOT Network, Unified Patents, or Open Invention Network.

Verdict

NPE — high confidence

The presence of IP LITFIN US 2024 LLC in the assignment chain via a Patent Security Agreement dated 2024-10-23 is a strong indicator. IP LITFIN US 2024 LLC is identified as a litigation funder that backs lawsuits by non-practicing entities. This involvement points towards an assertion strategy, and given the "Expired - Fee Related" status and the lack of clear product association for the Myport entities, it's highly probable the patent is being used for assertion.

For verification, you can search the USPTO Assignment Center at https://assignmentcenter.uspto.gov/ by patent number US11188998.

To identify the most relevant prior art for US patent 11188998, I will use the USPTO Patent Public Search tool. The USPTO's Patent Public Search tool is a web-based application that provides access to prior art, including patents and patent application publications.

For each patent citation of US11188998, I will provide the full citation, publication/filing date, a brief description, and which claims it potentially anticipates under 35 U.S.C. § 102. Under 35 U.S.C. § 102, a patent is not granted if the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.

To begin, I will search for US11188998 in the USPTO database to retrieve its cited prior art. I will then analyze each cited patent to determine its relevance.

I cannot perform an obviousness analysis of US patent 11188998 under 35 U.S.C. § 103 as requested. The provided patent text from Google Patents includes "Prior art keywords" (information, file, encrypted, encryption, augmented) and a "Prior art date" (2002-09-30). However, it does not list specific prior art references (e.g., patent numbers, journal articles, or other publications) that would be required to identify combinations of prior art and explain the motivation for a person having ordinary skill in the art to combine them. Without these specific references, a meaningful obviousness analysis cannot be conducted.