Recent patent/copyright infringement cases filed in U.S. District Court

Marilyn Tennissen Jul. 25, 2007, 10:56am

Marshall Division, Eastern District of Texas

July 23

- OnLine Reservations LLC vs. OpenTable Inc. et al

OnLine Reservations claims it owns the invention "Apparatus and Method for Internet Based Computer Reservation Booking System" under U.S. Patent No. 7,069,228.

The company has submitted a claim for patent infringement against OpenTable Inc., Zagat Survey LLC, Guestbridge Inc., the Washington Post and NAAN Restaurant LLC.

Plaintiff alleges that "Defendants have infringed and induced others to infringe on the '228 patent, and unless enjoined by the court will continue to do so."

OnLine is seeking compensation for the infringement and treble damages.

Elizabeth DeRieux of Longview is representing the plaintiff.

The case has been assigned to U.S. District Judge T. John Ward.

Case No. 2:07-cv-303-TJW-CE

July 24

- Bancorp Services LLC vs. Metropolitan Life Insurance Co.

Bancorp is the owner of a patent that claims a novel method and system for managing a life insurance policy including a stable value protected investment.

U.S. Patent No. 7,249,037 was issued to Bancorp on July 24, the day the infringement suit was filed.

"Without Bancorp's permission or consent, MetLife infringes on Bancorp's patent," the suit says. "MetLife's conduct is in direct contravention of Bancorp's rights as owner of the patent."

The plaintiff alleges that by MetLife's infringing activities it has suffered and will continue to suffer substantial damages in an amount to be proven at trial.

Bancorp claims that it has no adequate remedy at law and is therefore entitled to a permanent injunction restraining and enjoining MetLife.

Attorney Eric Albritton of Longview is representing Bancorp.

The case has been assigned to U.S. District Judge T. John Ward.

Case No.2:07-cv-00306-TJW

Tyler Division, Eastern District of Texas

July 19

- Dexas International Ltd. vs. Tung Yung International Inc.

Dexas claims it owns the patent rights to ornamental designs called "Clipcase," U.S. Letters Patent Des. 475,748, and "Slimcase," USLP Des. 474,599.

Dexas alleges that TYI is infringing on those patents with its "Slender Storage Clipboard" and "Storage Clipboard with Calculator" which it sells and distributes to Wal-Mart stores.

"Plaintiff is entitled to an award of defendants total profits earned," the suit says.

In addition, Dexas is seeking attorney fees, interest and other relief as the court may deem just and proper.

Paul Storm of Dallas is representing Dexas.

The case has been assigned to U.S. District Judge Leonard E. Davis.

Case No. 6:07-cv-00334-LED

July 24

- ST Sales Tech Holdings LLC vs. Daimler Chrysler et al

ST Sales claims it holds patent rights for a "Customer Management System for the Auto Sales Industry" under U.S. Patent No. 6,941,305.

The patent is for a computer method of collecting client data and recording and tracking interactions with the client to time of sale.

The plaintiff is seeking a permanent injunction against 10 defendants , including Daimler Chrysler Co., Ford Motor Co., Hyundai Motor America, Land Rover of North America, Mazda Motor of America, Mercedes-Benz Inc. and Volvo Cars of North America. ST Sales claims the companies infringe upon its patent through the such Web-based services as Daimler Dealer Connect, and Hyundai Dealer Communication System.

Eric Albritton of Longview is representing ST Sales Tech Holdings.

The case has been assigned to U.S. District Judge Leonard E. Davis.

Case No. 6:07-cv-00346-LED

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