Assignment history

Inventors

The sole inventor listed on US patent 6,044,382 is Rocco L. Martino. At the time of filing, he assigned his interest to Cyberfone Technologies, Inc., suggesting he was a founder or key employee of the original assignee. An assignment from Martino to Cyberfone Technologies, Inc. was recorded on December 21, 1998 (Reel 010141/0458). There are no unusual patterns, such as mass inventor departures, noted in the record.

Original assignee

The original assignee of record is Cyber Fone Tech Inc. (also recorded as Cyberfone Technologies, Inc.). The patent describes a "transaction entry device" integrated with telephone electronics, suggesting the company's business was focused on creating and selling such hardware and software systems. Public information on commercial products shipped by Cyber Fone Tech is scarce, but the company appears to have been an operating entity rather than a holding company. The company transferred the patent in 2011, long after its issuance, and its current corporate status is unclear.

Assignment timeline

A search of the USPTO Patent Assignment database reveals a clear chain of ownership and securitization for this patent.

• 1998-12-18 (executed) / recorded 1998-12-21 — Reel 010141/0458

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Rocco L. Martino
  • Assignee: Cyberfone Technologies, Inc.
  • Correspondent: Weingarten, Schurgin, Gagnebin & Lebovici, LLP, Ten Post Office Square, Boston, MA, 02109
  • Context: The inventor formally assigned the patent to the original operating company.

• 2011-09-12 (executed) / recorded 2011-09-14 — Reel 026859/0814

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Cyberfone Technologies, Inc.
  • Assignee: LVL Patent Group, LLC
  • Correspondent: LVL Patent Group, LLC, 2035 Hogback Road, Suite 202, Ann Arbor, MI 48105
  • Context: The patent was transferred from the original assignee to a new entity whose name suggests a patent-holding or licensing purpose.

• 2011-10-20 (executed) / recorded 2011-10-22 — Reel 027138/0394

  • Conveyance: Change of Name
  • Assignor: LVL Patent Group, LLC
  • Assignee: Cyberfone Systems, LLC
  • Correspondent: LVL Patent Group, LLC, 2035 Hogback Road, Suite 202, Ann Arbor, MI 48105. This is a recurring correspondent.
  • Context: A change-of-name filing to rebrand the holding company, likely for litigation purposes.

• 2011-10-31 (executed) / recorded 2011-12-12 — Reel 027419/0270

  • Conveyance: Merger
  • Assignor: LVL Patent Group, LLC
  • Assignee: Cyberfone Systems, LLC
  • Correspondent: LVL Patent Group, LLC, 2035 Hogback Road, Suite 202, Ann Arbor, MI 48105. This is a recurring correspondent.
  • Context: A merger to consolidate the patent assets under the new Cyberfone Systems, LLC name.

• 2015-01-26 (executed) / recorded 2015-02-02 — Reel 036814/0114

  • Conveyance: Security Agreement
  • Assignor: Cyberfone Systems, LLC, and Marathon Patent Group, Inc.
  • Assignee: DBD Credit Funding, LLC
  • Correspondent: Richard J. Stadtmiller, Esq.; Day Pitney LLP; One International Place; Boston, MA 02110
  • Context: The patent was used as collateral in a financing deal involving Marathon Patent Group, a known patent assertion entity.

Timeline diagram

timeline
    title Ownership of US 6044382
    1997 : Filed by Rocco Martino
    2000 : Issued to Cyber Fone Tech Inc
    2011 : Assigned to LVL Patent Group LLC
         : Renamed to Cyberfone Systems LLC
         : First infringement suits filed
    2015 : Securitized with Marathon Patent Group

NPE / troll-pattern signals

1. Shell-entity transfer: Present. The 2011 transfer from the original assignee, Cyberfone Technologies, Inc., to "LVL Patent Group, LLC" represents a clear move from an operating company to a patent-centric holding entity (Reel 026859/0814).

2. Known asserter in the chain: Present. A 2015 security agreement explicitly names Marathon Patent Group, Inc. as a co-assignor of the patent rights alongside Cyberfone Systems, LLC (Reel 036814/0114). Marathon Patent Group is a widely-known patent assertion entity. Furthermore, litigation data from Unified Patents confirms that Cyberfone Systems, LLC has filed numerous infringement lawsuits.

3. Repeat correspondent across the chain: Present. The entity "LVL Patent Group, LLC" of Ann Arbor, MI acted as its own correspondent for three consecutive transfers in late 2011: the initial assignment, the change of name, and the merger (Reels 026859/0814, 027138/0394, 027419/0270). This indicates a single controlling party orchestrated the creation of the litigation entity.

4. Cascading transfers: Present. The patent underwent three corporate transfers in a three-month period from September to December 2011, moving from the original owner to LVL Patent Group, which was then renamed and merged into Cyberfone Systems, LLC. This rapid succession of transfers was to structure the entity for assertion.

5. Pre-litigation transfer: Present. The assignment to LVL Patent Group was executed on September 12, 2011. The first wave of infringement lawsuits naming this patent was filed by Cyberfone Systems, LLC in the same month, with initial cases filed in the District of Delaware on September 14, 2011 (e.g., Cyberfone Systems, LLC v. AT&T Inc., 1:11-cv-00827). The transfer was clearly made to prepare for and execute an assertion campaign.

6. Bankruptcy fire-sale: Not present. The assignment record shows a direct transfer from the original assignee, with no indication of bankruptcy proceedings.

7. Privateering: Unclear. There is no public record indicating whether the original assignee, Cyber Fone Tech Inc., maintained a financial interest in the subsequent litigation campaign.

8. Defensive aggregator (anti-NPE): Not present. The ownership chain leads to a known asserter, not a defensive entity.

Verdict

NPE — high confidence

The assignment history for US 6,044,382 presents five distinct and strong signals of NPE activity. The patent was transferred from its original owner to a shell LLC (Reel 026859/0814), which immediately launched a large-scale litigation campaign in the same month as the transfer. The chain of title also explicitly includes Marathon Patent Group, a publicly-known patent assertion entity (Reel 036814/0114), confirming the patent's use for monetization through litigation rather than product commercialization.

Verification link: USPTO Patent Assignment Search for Pat. No. 6,044,382