Assignment history

Inventors

The named inventors are Stefan Jäverbring, Anders Furuskär, Stefan Eriksson, and Magnus Frodigh. The original assignment of interest was from the inventors to Telefonaktiebolaget LM Ericsson AB, recorded on June 19, 2000 (Reel 010869/0062). Given that Ericsson was the original assignee and a major telecommunications operating company, it is standard practice that the inventors were employees of Ericsson at the time of filing. There are no unusual patterns, such as mass departures, indicated in the record.

Original assignee

The original assignee was Telefonaktiebolaget LM Ericsson AB (Ericsson), a major Swedish multinational networking and telecommunications company headquartered in Stockholm. As a leading provider of mobile network infrastructure, Ericsson manufactured and sold products (such as base stations and network control systems) that would embody the error-correction methods claimed in the patent. The company remains a major operating entity in the telecommunications sector today.

Assignment timeline

• 2000-02-28 (executed) / recorded 2000-06-19 — Reel 010869/0062

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Stefan Jäverbring, Anders Furuskär, Stefan Eriksson, Magnus Frodigh
  • Assignee: Telefonaktiebolaget LM Ericsson
  • Correspondent: Nixon & Vanderhye, P.C., 1100 North Glebe Road, 8th Floor, Arlington, VA 22201
  • Context: Standard pre-issuance assignment from inventors to their employer.

• 2014-01-16 (executed) / recorded 2014-01-24 — Reel 032180/0115

  • Conveyance: Lien
  • Assignor: Optis Wireless Technology, LLC
  • Assignee: Highbridge Principal Strategies, LLC, as Collateral Agent
  • Correspondent: Michael J. Newman, Ropes & Gray LLP, Prudential Tower, 800 Boylston Street, Boston, MA 02199
  • Context: A security agreement indicating the patent was used as collateral for financing shortly after its acquisition by Optis.

• 2014-01-16 (executed) / recorded 2014-02-19 — Reel 032285/0421

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Telefonaktiebolaget LM Ericsson (PUBL)
  • Assignee: Cluster, LLC
  • Correspondent: C. Brandon Bricker, Caldwell Cassady & Curry, 2121 N. Pearl St., Ste 1200, Dallas, TX 75201
  • Context: Sale of the patent from the original operating company to a holding entity.

• 2014-01-16 (executed) / recorded 2014-02-19 — Reel 032286/0501

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Cluster, LLC
  • Assignee: Optis Wireless Technology, LLC
  • Correspondent: C. Brandon Bricker, Caldwell Cassady & Curry, 2121 N. Pearl St., Ste 1200, Dallas, TX 75201. This is the same correspondent as the immediately preceding transfer.
  • Context: An immediate, same-day transfer from the initial holding entity to the ultimate asserter entity.

• 2014-01-16 (executed) / recorded 2014-03-12 — Reel 032437/0638

  • Conveyance: Security Interest
  • Assignor: Optis Wireless Technology, LLC
  • Assignee: Wilmington Trust, National Association
  • Correspondent: Covington & Burling LLP, One Citycenter, 850 Tenth Street, NW, Washington, DC 20001
  • Context: A second security agreement, further indicating the patent portfolio was used as collateral.

• 2016-07-11 (executed) / recorded 2016-07-15 — Reel 039361/0001

  • Conveyance: Release by Secured Party
  • Assignor: HPS Investment Partners, LLC (formerly Highbridge Principal Strategies, LLC)
  • Assignee: Optis Wireless Technology, LLC
  • Correspondent: Ropes & Gray LLP, Prudential Tower, 800 Boylston Street, Boston, MA 02199
  • Context: Release of the lien recorded in 2014, clearing the title for Optis Wireless Technology, LLC.

Timeline diagram

timeline
    title Ownership of US 6604216
    2000 : Filed by inventors
         : Assigned to Ericsson
    2003 : Issued
    2014 : Assigned to Cluster LLC
         : Assigned to Optis Wireless Technology LLC
         : Security interests recorded
    2016 : Security interest released

NPE / troll-pattern signals

1. Shell-entity transfer — Present. The 2014 assignments (Reels 032285/0421 and 032286/0501) move the patent from Ericsson, an operating company, to Cluster, LLC and then to Optis Wireless Technology, LLC. These are non-operating entities created for the purpose of holding and monetizing patents.

2. Known asserter in the chain — Present. The current assignee, Optis Wireless Technology, LLC (per Reel 032286/0501), is a well-documented patent assertion entity known for its extensive litigation campaign against Apple Inc.

3. Repeat correspondent across the chain — Present. The attorney C. Brandon Bricker of Caldwell Cassady & Curry appears as the correspondent of record for both the Ericsson-to-Cluster transfer (Reel 032285/0421) and the immediate Cluster-to-Optis transfer (Reel 032286/0501). This pattern of a single law firm handling a rapid chain of transfers is a strong indicator of a coordinated transaction for an assertion campaign.

4. Cascading transfers — Present. The transfer from Ericsson to Cluster, LLC and from Cluster, LLC to Optis Wireless Technology, LLC were both executed on the same day, January 16, 2014. This same-day, multi-step transfer is a hallmark of transactions designed to move patents into an assertion vehicle.

5. Pre-litigation transfer — Unclear. While the transfer to the known asserter Optis Wireless occurred in 2014, public records do not show that this specific patent has been asserted in litigation. However, the transfers were clearly made to an entity whose business model is litigation, preparing it for assertion.

6. Bankruptcy fire-sale — Not present. The assignor, Ericsson, is a financially healthy operating company.

7. Privateering — Unclear. This is a sale from an operating company (Ericsson) to a known NPE (Optis). While this fits the general pattern of privateering, there is no public evidence of an agreement for Optis to share licensing revenue with Ericsson or act on its behalf against competitors.

8. Defensive aggregator (anti-NPE) — Not present. The chain ends with Optis Wireless Technology, LLC, a patent asserter.

Verdict

NPE — high confidence

The ownership chain for US 6,604,216 displays multiple, strong signals of NPE activity. The patent was transferred from its original inventor, the operating company Ericsson, to the known patent assertion entity Optis Wireless Technology, LLC. This was accomplished via a cascading, same-day transfer through an intermediary shell entity, Cluster, LLC (Reels 032285/0421 and 032286/0501), a classic NPE transaction structure. The use of the same correspondent attorney for both steps of the transfer further solidifies the conclusion.

Verify at: USPTO Patent Assignment Search for Pat. 6604216