Recent patent infringement cases filed in U.S. District Courts

Marilyn Tennissen May 15, 2008, 2:26am

Marshall Division, Eastern District of Texas

May 9

  • eTool Development Inc. et al vs. National Semiconductor Corp.

    Plaintiffs eTool Development and eTool Holdings, based in Irving, claim to own the rights to U.S. Patent No. 7,113,919 B1 for an invention called a System and Method for Configuring Products Over a Communication Network.

    The '919 Patent was issued Sept. 26, 2006, to Eric W. Norris and Walter C. DeSouza.

    The complaint states that National Semiconductor owns and operates servers that provide a collection of on-line circuit design tools under the name Webench, including the Webench power tool, amplifiers tool, the active filters tool, the audio tool, the signal path designer tool, the LED tool and the interface tool.

    "Accordingly, National is a direct infringer of the '919 Patent under 35 U.S.C. 271(a)," the original complaint states.

    The plaintiffs also allege that National's infringement has been willful and deliberate.

    Plaintiffs are seeking injunctive relief, adequate compensation in an amount to be proven at trial, treble damages, interest, costs, attorneys' fees and other just relief.

    Richard A. Sayles of Sayles Werbner in Dallas is representing the plaintiffs. Clifford Haines of Haines & Associates in Philadelphia is of counsel.

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

    Case No. 2:08-cv-196-TJW

    May 12

  • Fotomedia Technologies LLC vs. American Greetings Corp. et al
  • Fotomedia Technologies LLC vs. Fujifilm USA Inc. et al

    Plaintiff Fotomedia has filed two separate complaints for patent infringement against 50 different defendants.

    According to the original complaints, Fotomedia owns the rights to three patents:

    U.S. Patent No. 6,018,774 for a Method and System for Creating Messages Including Image Formation, issued Jan. 25, 2000.

    U.S. Patent No. 6,542,936 B1 for a System for Creating Messages Including Image Information, issued April 1, 2003.

    U.S. Patent No. 6,871,231 B1 for a Role-Based Access to Image Metadata issued March 22, 2005.

    The first complaint names two dozen defendants that offer photo sharing Web sites which the plaintiff alleges infringe the patents, including American Greetings, DotPhoto, Phanfare, PictureTrail,, Kaboose, BubbleShare, Printroom, Scripps Networks, Photogra, Fotki and Zazzle.

    The second complaint names another two dozen defendants that offer photo sharing Web sites which the plaintiff alleges infringe the patents, including Fujifilm, Nu Skin, Tickle Inc., Slide Inc., Nokia, MyPublisher, Fototime, Smilebox, Fotoflix, Scrapblog, EZ Prints, Riya, Picateers,, Fotolog and Hi-Media.

    Fotomedia is seeking injunctive relief, economic damages, interest, costs and other relief to which it may be justly entitled.

    Sam Baxter of McKool Smith PC in Marshall is lead attorney for the plaintiff. Attorneys from Ward & Olivo in New York, N.Y., and The Ware Firm in Dallas are of counsel.

    The cases have been assigned to U.S. District Judge T. John Ward.

    Case No. 2:08-cv-202-TJW
    Case No. 2:08-cv-203-TJW

  • Leon Stambler vs. JP Morgan Chase & Co. et al

    Plaintiff Leon Stambler is an individual residing in Parkland, Fla. Stambler claims he is the inventor and owner of all rights to U.S. Patent No. 5,793,302 for a Method for Securing Information Relevant to a Transaction issued Aug. 11, 1998.

    The original complaint names more than 18 banking institutions as defendants that have infringed the '302 Patent, including JP Morgan Chase, Bank of America, Citibank, Wachovia, Wells Fargo, Bancorpsouth, Comerica, Compass National, First Horizon, First Tennessee Bank, Cullen/Frost Bankers, Guaranty Bank, Plaints Capital and Regions Bank.

    Stambler claims that he has been damaged as a result of defendants' infringing conduct.

    "Defendants are, thus, liable to Stambler in an amount that adequately compensates him for their infringement, which by law, cannot be less than a reasonable royalty, together with interest and costs," the original complaint states.

    The complaint also alleges that defendants are aware of the '302 Patent, have knowledge of the infringing nature of their activities and have nevertheless continued their infringing activities.

    "Specifically, the Chase, Bank of America, Citi, Wachovia, Wells Fargo and Regions defendants were previously provided written notice of the '302 Patent," the complaint alleges.

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

    Eric Albritton of the Albritton Law Firm in Longview is lead attorney for the plaintiffs, with attorneys from Nelson Bumgardner Casto PC in Fort Worth and Ward & Smith Law Firm in Longview, and Ronald Dubner of Plano.

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

    Case No. 2:08-cv-204-DF-CE

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