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

Marilyn Tennissen Jul. 23, 2008, 3:41pm

Marshall Division, Eastern District of Texas

July 18

  • Cooper Technologies Co. vs. Acuity Brands Lighting Inc.

    Plaintiff Cooper Technologies claims to own the rights to three patents dealing with lighting systems.
    -U.S. Patent No. 5,777,857 issued July 7, 1998, for an Energy Efficient Lighting System
    -U.S. Patent No. 6,082.878 issued July 4, 2000, for a Fully Rotatable Recessed Light Fixture with Movable Stop and Adjustable Length Bar Hangar
    -U.S. Patent No. 6,241,369 issued June 5, 2001, for a Quick Mount Fixture.

    The suit alleges that defendant Acuity Brands Lighting is infringing the Cooper patents. Alleged infringing products named in the suit include the Acuity Gotham Directional Accent Lighting series of light fixtures and Acuity's Lithonia Lighting LED Surface Mount Edge-Lit and Signature series of exit signs.

    Cooper is seeking compensatory damages for the infringements according to proof at trial, a permanent injunction against Acuity, costs, fees and other just and proper relief.

    Michael E. Jones of Potter Minton in Tyler is representing the plaintiff. David Foster and Kevin May of Latham & Watkins LLP in Chicago are of counsel.

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

    Case No. 2:08-cv-278-TJW

    July 21

  • Leon Stambler vs. Fiserv Inc. et al

    Plaintiff Leon Stambler is an individual residing in the Parkland, Fla.

    According to the original complaint, U.S. Patent No. 5,793,302 was issued Aug. 11, 1998, for a Method for Securing Information Relevant to a Transaction. Stambler claims to be the inventor and owner of all rights to the '302 Patent.

    The suit alleges that defendants Fiserv Inc. and Checkfree Corp. infringe the '302 Patent by provision of secure online banking services, including but not limited to online bill pay.

    "Stambler has been damaged as a result of defendants' infringing conduct," the complaint states. "Defendants are, thus, liable to Stambler in an amount that adequately compensates him for their infringements, which, by law, cannot be less than a reasonable royalty together with interest and costs …"

    The plaintiff also alleges that the defendants were aware of the '302 Patent and had knowledge of the infringing nature of their activities but continued nevertheless, making the infringement willful.

    Stambler is seeking compensatory damages for the infringements, and treble damages for the willful nature of the activities.

    Eric Albritton and T. John "Johnny" Ward Jr. of Longview are representing the plaintiff along with attorneys from Nelson Baumgardner Casto PC in Fort Worth.

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

    Case No. 2:08-cv-283-DF-CE

    July 22

  • Aerielle Technologies Inc. et al vs. Procare International Inc.

    Plaintiffs Aerielle Technologies Inc. and Aerielle Inc. design consumer electronics products, including wireless accessories for portable mobile audio devices such as the i-Pod, MP3/4 players and related products.

    The suit alleges that defendant Procare International has infringed and continues to infringe at least two Aerielle patents.

    The plaintiffs claim to own the rights to U.S. Patent No. 6,671,494 issued Dec. 30, 2003, and U.S. Patent No. 5,771,441 issued June 23, 1998, for a Small, Battery Operated RF Transmitter for Portable Audio Devices for Use with Headphones with RF Receiver.

    According to the suit, Procare has infringed and continues to infringe the '494 and '441 Patents. The plaintiff also alleges that Procare has knowledge of the patents, making the infringement willful, deliberate and intentional.

    Aerielle is seeking a permanent injunction against Procare, compensatory damages, treble damages for willful infringement, interest, attorneys' fees, costs and other relief.

    Michael C. Smith of Siebman, Reynolds, Burg, Phillips & Smith LLP in Marshall is representing the plaintiff, along with attorneys from Taylor, Dunham & Burgess LLP in Austin.

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

    Case No. 2:08-cv-284-TJW-CE

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