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

Marilyn Tennissen Nov. 15, 2007, 9:31am

Marshall Division, Eastern District of Texas

Nov. 8

  • USF Equipment & Services Ltd. et al vs. Allied International Emergency LLC et al
  • US Foam Inc. et al vs. Cummins Industries Inc. et al

    Longview-based USF Equipment & Services, US Foam and Longview resident Alden Ozment claim to have filed two suits regarding patents covering foam-based fire fighting equipment.

    Ozment claims to have the rights to U.S. Patent No. 7,104,336 B2, issued Sept. 12, 2006, for a Method for Fighting Fire in Confined Areas Using Nitrogen Expanded Foam and U.S. Patent No. 7,096,965 B2 issued Aug. 29, 2006, for Method and Apparatus for Fighting Fires in Confined Areas.

    Ozment's companies have named Allied International as defendant in the first suit and Cummins Industrial as defendant in the second, alleging that they or their companies have infringed the fire fighting technology covered in the patents.

    In July or August 2007, defendants Mel Hammit and Ty McKee, managing members of Allied International Emergency LLC, provided nitrogen foam fire fighting equipment to a third party or implemented a method for fighting a coal mine fire using nitrogen foam at site in Oakwood, Va.

    Mark Cummins and Cummins Industries provided nitrogen foam fire fighting equipment to a third party for the same coalmine fire.

    Ozment and USF Equipment allege that they have been damaged by the defendants' infringement and will suffer additional irreparable damage and impairment of the value of its patent rights unless defendants are enjoined from continuing to infringe the '336 Patent.

    Plaintiffs also believe that the infringement is willful.

    The plaintiffs are asking the court to award an amount that adequately compensates it for the infringement, no less than reasonable royalty, together with treble damages, court costs, interest and attorney's fees and other relief as justice requires.

    Elizabeth DeRieux of Brown McCarroll LLP in Longview is representing the plaintiffs.

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

    Case No. 2:07-cv-490-TJW and 2:07-cv-491-TJW-CE

    Nov. 9

  • KKG LLC vs. Alcoa Inc.

    Kristy Kailynn Garcia, sole managing member of KKG LLC. in New Mexico, claims to have the right to U.S. Patent No. 7,112,764 B2 for a Disposable Liner for Cookware. The patent was issued Sept. 26, 2006.

    KKG alleges that Alcoa, doing business as Reynolds Kitchens, manufactures and sells a slow cooker or "crock pot" liner, which infringes on the '764 Patent.

    The plaintiff's original complaint states that Alcoa was provided with notice of KKG's patent rights for a disposable liner for cookware by a letter dated Nov. 12, 2006.

    KKG claims great and irreparable harm has been caused by Alcoa's actions and that the harm will continue unless such acts are restrained by the court.

    "Alcoa has not received authorization from KKG to make, use, sell or offer to sell the slow cooker liner covered by the '764 Patent, but has acted in defiance and disregard of KKG's patent rights," the complaint states.

    KKG is seeking compensatory damages, interest, attorney fees, costs and other and further relief as the plaintiff may be shown to be justly entitled at law or in equity.

    Carl R. Roth of the The Roth Law Firm PC in Marshall is representing the plaintiff, with assistance from Miller Stratvert PA and Southwest Intellectual Property Services LLC of Albuquerque, N.M.

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

    Case No. 2:07-cv-494-TJW

  • Catalina Marketing Corp. vs. Menasha Corp et al

    Catalina Marketing claims to have the rights to U.S. Letters Patent No. 6,304,849 for a Method and System for Printing a Combination Pharmaceutical Label and Directed Newsletter. The '849 Patent was issued Oct. 16, 2001, with Robert A. Uecker and Baxter Hayes Byerly Jr. as the named inventors.

    Defendants Menasha Corp. and LeveragePoint Media Corp. sells software and related systems and products for use in thousands of retail pharmacies throughout the United States. In particular, LeveragePoint makes, uses and sells software through its business unit Rx EDGE that enables retail pharmacies to infringe the '849 Patent.

    "Rx EDGE teams with retail pharmacies to deliver targeted messages and coupons by printing them with the documentation provided to the purchaser of the prescription," the original complaint states.

    The documentation is often affixed to the front of the prescription bag. The targeted messages in these situations are based on the drugs used, the disease and health condition, demographic or geographic factors and other information specific to the individual customer.

    "When the software and/or related systems, apparatus and/or products are utilized, supplemental information, including health related messages and coupons, are also printed on the documents given to the customer/patient," the complaint states.

    The plaintiff alleges that the past and continual infringement of the '849 Patent has caused damage and will continue to damage.

    The plaintiff is seeking damages in an amount adequate to compensate for the infringement, but no less than reasonable royalty, interest, fees, an accounting for damages and other relief that the court may deem just and appropriate.

    Sam Baxter of McKool Smith PC in Marshall is lead attorney for the plaintiff.

    The case has been assigned to U.S. District Judge David Folsom.

    Case No. 2:07-cv-495-DF

    Nov. 13

  • Synqor Inc. vs. Artesyn Technologies Inc. et al

    Synqor claims to be the assignee and owner of all rights to U.S. Patent No. 7,072,190 for a High Efficiency Power Converter issued July 4, 2006. It also claims rights to U.S. Patent No. 7,269,034 for Power Converter with Isolated and Regulated Stages and 7,269,034 for High Efficiency Power Converter.

    Synqor has named 13 defendants, including Artesyn Technologies, Emerson Electric, Bel Fuse, Delta Electronics, Murata Electronics and Tyco Electronics, of infringing the above listed patents.

    The accused products include bus converters, and POLS used in intermediate bus architecture power supply systems.

    Synqor alleges that the past and continued acts of infringement have caused injury and therefore Synqor is entitled to recover compensatory damages in an amount subject to proof at trial.

    In addition, the plaintiff alleges that "defendants' infringement of the patents-in-suit has been and/or will continue to be willful and deliberate, entitling Synqor to increased damages."

    The plaintiff is seeking treble damages, interest, costs, fees and other relief that the court may deem just and proper.

    V. Bryan Medlock Jr. of Sidley Austin LLP in Dallas is representing the plaintiff.

    The case has been assigned to U.S. District Judge T. John Ward and referred to Magistrate Charles Everingham.

    Case No. 2:07-cv-497-TJW-CE

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