Marshall Division, Eastern District of Texas

Feb. 8

  • Falcon Industries vs. Leapers Inc.

    Falcon claims to own the rights to U.S. Patent No. 6,725,594 B2 issued April 27, 2004, for a Rail Cover for Firearm Rail Systems.

    Falcon alleges that Leapers has and continues to infringe at least one claim of the '594 Patent through its products that provide rail covers for firearms.

    The plaintiff alleges that Leaper's actions have caused and will continue to cause great and irreparable injury. Injuries include the value of the '594 Patent and Falcon's prospective business relations, which "cannot be adequately measured or compensated in money damages."

    Falcon is seeking injunctive relief, compensatory damages, interest, attorneys' fees, costs and other just and proper relief.

    Carl R. Roth of Marshall is representing the plaintiff.

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

    Case No. 2:08-cv-052-DF

    Feb. 11

  • Automotive Technologies International Inc. vs. General Motors Corp. dba Chevrolet et al.

    Automotive Technologies filed a four count patent infringement suit against defendants GM, Cadillac, Nisson, Ford Lincoln and Mercury, Volvo, Hyundai, Mercedes Benz and Fuji Heavy Industries.

    The patents-in-suit, including U.S. Patent No. 7,243,945, deal generally with systems that detect weight of occupants, child seats or rear-facing child seat and positioning systems which incorporate a bladder.

    The defendants are infringing the patents through the manufacture, sales and distribution of. Vehicles that contain the infringing technology include the 2003 Chevy pickup, 2005 Cadillac Escalade, 2005 Nissan Maxima, 2005 Lincoln Navigator, 2005 Mercury Sable, 2006 Volvo C70, 2007 Hyundai Santa Fe, 2008 Mercedes C Class and 2007 Subaru Forester.

    The plaintiff is seeking an accounting and payment of all damages caused by the infringement, no less than a reasonable royalty, and that defendants deliver to plaintiff for destruction all infringing products.

    ATI is also seeking attorneys' fees, costs, interest and other just and proper relief.

    Edward W. Goldstein of Goldstein, Faucett & Prebeg LLP of Houston is representing the plaintiff.

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

    Case No. 2:08-cv-057-TJW-CE

  • National Institute for Strategic Technology Acquisition and Commercialization vs. Ford Motor Company

    NISTAC is a not-for-profit corporation organized under the laws of the state of Kansas.

    The four patents-in-suit, including U.S. Patent No. 5,239,955, generally cover lubrication of engine components used in Ford automotives.

    "The patents provide for greater engine and operating efficiency as well as greater component stability," the original complaint states.

    The inventors of the systems assigned the patents to Ford Motor Co. The company then assigned the patents to Ford Global Technologies Inc. in 1997 and to NISTAC in 2000.

    NISTAC claims it has discussed Ford's infringement of the products in the past.

    "In fact, NISTAC granted a patent license to Ford for these patents on April 5, 2006," the petition states. "Within one year, however, Ford unilaterally terminated the NISTAC license agreement on April 4, 2007. After the NISTAC license agreement was terminated, Ford has continued to manufacture, use and sell vehicles that incorporate the inventions of the � patents."

    NISTAC is seeking an accounting of all damages as a result of the infringement, injunctive relief, actual and enhanced damages, interest, attorneys' fees, costs and other just and proper relief.

    Robert M. Chiavelli Jr. of Fulbright & Jaworski LLP in Dallas is lead attorney for the plaintiff.

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

    Case No. 2:08-cv-058-DF

    Feb. 12

  • Paid Search Engine Tools Inc. vs. Google Inc. and Microsoft Corp.

    PSET claims it holds the rights to U.S. Letters Patent No. 7,043,450 issued May 9, 2006, for a Paid Search Engine Bid Management system.

    The plaintiff alleges that Google's AdWords and Microsoft's AdCenter employ methods claimed by the '450 Patent.

    PSET claims it has suffered substantial and irreparable injury as a result of the infringing actions which will result in loss of sales and profits.

    The plaintiff is seeking injunctive relief, damages, attorneys' fees, costs and interest. PSET is also asking that defendants be required to file with the court a written statement under oath setting forth in detail the manner in which each defendant has complied with the judgment.

    S. Calvin Capshaw of Brown McCarroll LLP in Longview is representing the plaintiff.

    The case has been assigned to U.S. District Judge David Folsom and referred to Magistrate Charles Everingham.

    Case No. 2:08-cv-061-DF-CE

    Texarkana Division, Eastern District of Texas

    Feb. 8

  • Icon Health & Fitness Inc. vs. Horizon Fitness Inc. et al.

    Icon Health claims it hold the rights to three patents, including U.S. Patent No. 5,104,120, generally covering user-programmable exercise machines.

    Defendants Horizon Fitness, Vision Fitness, Matrix Fitness and Johnson Health have infringed the patents-in-suit, the plaintiff alleges, by making, selling or providing fitness equipment which fall within the scope of the patents.

    Plaintiff alleges the defendants' infringement was willful and deliberate.

    Icon is seeking trebled damages, injunctive relief, attorneys' fees, costs and other relief. It is also asking that defendants be ordered to deliver up for destruction all infringing products in their possession.

    Lawrence Louis Germer of Germer Gertz LLP in Beaumont is attorney in charge for the plaintiff.

    The case has been assigned to U.S. District Judge David Folsom and referred to Magistrate Carolyn M. Craven.

    Case No. 5:08-cv-026-DF-CMC

    Tyler Division, Eastern District of Texas

    Feb. 7

  • Network-1 Security Solutions Inc. vs. Cisco Systems Inc. et al

    Network-1 claims it holds the rights to U.S. Patent No. 6,218,930 for an Apparatus and Method for Remotely Powering Access Equipment over a 10/100 Switched Ethernet Network.

    Network-1 alleges that defendants Cisco Systems, Cisco-Linksys, Adtran, Enterasys Networks, Extreme Networks, Foundry Networks, Netgear and 3Com Corp. without plaintiffs permission have used plaintiff's patented technology in connection with products which distribute or use power through Ethernet cables.

    The plaintiff alleges defendants' acts of infringement have been committed with full knowledge of its rights in the '930 Patent and in willful and wanton disregard of plaintiffs rights.

    Network-1 is seeking injunctive relief, compensatory damages, enhanced damages, costs, attorneys' fees, interest and other relief.

    T. John Ward Jr. of Longview is representing the plaintiff.

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

    Case No. 6:08-cv-030-LED

    Feb. 8

  • H&R Block Tax Services vs. Jackson Hewitt Tax Services

    H&R Block claims it holds the rights to U.S. Patent No. 7,072,862 relating to Spending Vehicles for Payments; and U.S. Patent No. 7,177,829 relating to a Tax Refund System.

    H&R Block alleges that since at least 2005, Jackson Hewitt has engaged in financial products and services that infringe the '862 and '829 Patents through its "ipower CashCard."

    "Jackson Hewitt will continue to infringe the claims in the H&R Block patents and irreparably harm H&R Block unless enjoined by this court," the original complaint states.

    H&R Block is seeking a permanent injunction against Jackson Hewitt, damages, treble damages, interest, fees and costs.

    Charles B. Walker Jr. of Fulbright & Jaworski LLP in Houston and attorneys from the Standley Law Group LLP in Dublin, Ohio, are representing the plaintiff.

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

    Case No. 6:08-cv-037-LED

    Feb. 13

  • Lonestar Inventions LP vs. Matsushita Electric Industrial et al

    Plaintiff Lonestar Inventions, a Texas limited partnership, claims it holds the rights to U.S. Patent No. 5,208,725 for a High Capacitance Structure in a Semiconductor Device, issued May 4, 1993, to inventor Osman E. Akcasu. Ackcasu assigned the rights of the '725 Patent to Lonestar, the plaintiff asserts.

    Defendants Matsushita Electric and Panasonic sell products that infringe the patent, including the Panasonic MN884321 A integrated circuits, the plaintiff alleges.

    Lonestar is seeking a permanent injunction against defendants, an accounting of damages, treble damages, interest, attorneys' fees and other just and proper relief.

    Kurt M. Sauer of Daffer McDaniel LLP in Austin is representing the plaintiff. Attorneys from Gibbs & Bruns LLP in Houston and The Roth Firm in Marshall are of counsel.

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

    Case No. 6:08-cv-043-LED

  • More News