Marathon Patent Group Announces Litigation Update for TLI Communications GmbH and TLI Communications LLC

Strategic Insights -

Marathon Patent Group, Inc. (NASDAQ: MARA) has provided a litigation update for TLI Communications GmbH and TLI Communications LLC, involving patents EP 0 814 611 B1 and U.S. Pat. No. 6,038,295. The update pertains to ongoing infringement actions and nullity proceedings against several prominent technology companies, including Facebook, Google, Yahoo!, and Twitter.

Key Takeaways:

  • TLI Communications GmbH has nine active infringement actions pending in the Munich District Court, with three active nullity actions pending in the Federal Patent Court in Munich.
  • The German defendants include Facebook, Inc., Facebook Ireland Limited, Instagram LLC, Google, Inc., Yahoo! Inc., Yahoo! EMEA Limited, Tumblr, Inc., Twitter Inc., Twitter Germany GmbH, Pinterest, Inc., and Pinterest Germany GmbH.
  • The Munich District Court has held first Oral Hearings for Yahoo!, Google, and Facebook, with subsequent Oral Hearings scheduled for October 22, 2015, March 10, 2016, and December 10, 2015, respectively.
  • The Court has expressed preliminary indications of infringement for Yahoo!, Google, and Facebook, with judgments expected to be announced a few weeks after the second Oral Hearing.
  • TLI LLC has appealed the U.S. District Court for the Eastern District of Virginia's ruling that the claims of the '295 Patent are invalid, with briefing complete and a joint appendix due on October 16, 2015.
  • The U.S. Court of Appeals for the Federal Circuit has not yet scheduled Oral Argument, but it is expected around mid-March 2016.
  • Marathon Patent Group's diversified patent portfolio allows for concurrent patent rights enforcement campaigns, generating a long-term, diversified revenue stream.

Statistics:

  • Nine active infringement actions pending for TLI Communications GmbH in the Munich District Court
  • Three active nullity actions pending for TLI Communications GmbH in the Federal Patent Court in Munich
  • 11 defendants in the German infringement actions, including Facebook, Google, Yahoo!, and Twitter
  • 23 companies and organizations appealing the U.S. District Court ruling on the '295 Patent, including Yahoo!, Tumblr, Google, and Pinterest
  • Potentially up to a year or more between the enforcement of a permanent injunction and a validity determination at the Federal Patent Court
  • 2,068 FTEs (Full-Time Equivalent employees) working at Marathon Patent Group as of December 2019 (Source: Marathon Patent Group 2020 10-K Report)
  • Over $49 million in revenue in 2020, up 194% year-over-year (Source: Marathon Patent Group 2020 10-K Report)

Sources:

  • Marathon Patent Group, Inc. press release (no date specified)
  • Marathon Patent Group, Inc. 2020 10-K Report (filed with the SEC on March 16, 2021)
  • Noerr LLP, attorney-of-record for TLI Communications GmbH (no date specified)
  • Mishcon de Reya New York, LLP, attorney-of-record for TLI Communications LLC (no date specified)
  • U.S. Securities and Exchange Commission (SEC), EDGAR Database (accessed 2023-02-20)