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

Marilyn Tennissen Feb. 5, 2009, 2:16am

Lufkin Division

Jan. 28

  • Blackboard Inc. vs. TechRadium Inc.

    Plaintiff Blackboard, a Washington, D.C.-based company, claims to own the rights to U.S. Patent No. 6,816,878 issued Nov. 9, 2004, for an Alert Notification System.

    Blackboard alleges that TechRadium of Sugar Land has infringed the '878 Patent through its products that employ TechRadium's IRIS (Immediate Response Information System) technology.

    The plaintiff also alleges that TechRadium has induced others to infringe the '878 Patent and that the infringements and inducements have been willful.

    "Blackboard is entitled to recover from TechRadium the damages sustained by Blackboard as a result of TechRadium's wrongful acts in an amount subject to proof at trial," the original complaint states.

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

    Thad Heartfield of Beaumont and attorneys from McDermott Will & Emery LLP in Houston and Irvine, Calif., are representing the plaintiff.

    The case has been assigned to U.S. District Judge Ron Clark.

    Case No. 9:09-cv-021-RC

    Marshall Division

    Jan. 28

  • TechRadium Inc. vs. Blackboard Inc.

    According to the original complaint, TechRadium has brought this action in the Eastern District of Texas, Marshall Division because Blackboard filed a prior action against TechRadium in the Eastern District of Virginia alleging patent infringement that was transferred to the Texas Court. Blackboard subsequently filed a Notice of Dismissal of the action in the Texas Court.

    TechRadium developed, sells, and services mass notification systems that allow a group administrator to send a single message that will be delivered to the members of the group via numerous communication devices such as cell phones, pages, standard telephones and e-mail. This technology is marketed under the trade name "IRIS"TM (Immediate Response Information System).

    "Among other things, the IRISTM technology eliminated the need for multiple messaging and allowed the user to select the most convenient form of notification for them," the complaint states.

    Blackboard contends that it is the owner of all right, title and interest in and to U.S. Patent No. 6,816,878 by assignment, with full and exclusive right to bring suit to enforce the'878 Patent, including the right to recover for past infringement.

    Blackboard has alleged in the past that the TechRadium's IRISTM system infringes on the '878 Patent. TechRadium believes that Blackboard will continue to allege TechRadium's IRISTM system infringes the '878 Patent.

    "Such allegations interfere with TechRadium's ability to conduct business through the United States," the complaint states. "TechRadium therefore brings this declaratory judgment action to obtain a judgment of non-infringement by TechRadium and of invalidity of the '878 Patent."

    Blackboard has alleged that TechRadium committed infringement, inducement to infringe, contributory infringement, and willful and deliberate infringement of the '878 Patent.

    TechRadium denies that it has committed any of the acts alleged by Blackboard.

    TechRadium continues to investigate, inter alia, Blackboard's use or possible misuse of the '878 Patent and reserves the right to assert additional claims based upon these investigations.

    The plaintiff is asking the court that judgment be entered in favor of TechRadium declaring that each of the claims of the '878 Patent is invalid; that TechRadium has not infringed any valid claim of the '878 Patent, either directly, indirectly, contributorily, or by inducement; that this is an exceptional case and awarding to TechRadium its attorneys' fees and costs; and that TechRadium be awarded any such other and further relief as is just and proper.

    Richard Griffin of the Spangler Law PC in Longview is attorney-in-charge for the plaintiff.

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

    Case No. 2:09-cv-035-TJW

    Jan. 29

  • IP Co. LLC d/b/a Intus IQ vs. Oncor Electric Delivery Co. LLC et al

    Plaintiff IP Co. claims to own the rights to U.S. Patent No. 7,054,271 issued May 30, 2006, for a Wireless Network System and Method for Providing Same and U.S. Patent No. 6,249,516 issued June 19, 2001, for a Wireless Network Gateway and Method for Providing Same.

    The '271 and '516 Patents were assigned to IP Co. by inventors Edwin B. Brownrigg and Thomas W. Wilson.

    IP Co. alleges that several electric metering companies are infringing the '271 Patent and '516 Patent. Defendants named in the suit are Oncor Electric Delivery Co. LLC, Reliant Energy Inc., Comverge Inc., Datamatic Ltd., EKA Systems Inc., Sensus Metering Systems Inc., Tantalus Systems Corp., Tendril Networks Inc., Trilliant Inc. and Trilliant Networks Inc.

    Allegedly infringing products using wireless network technology named in the suit include Oncor Advanced Metering System, Reliant Energy Saver Partner Program, Comverge Zigbee Super Stat Programmable Thermostat, Datamatic Mosaic and Firefly Systems, EKANet Wireless Gateway, Sensus FlexNet, Tantalus TUNet network, Tendril EMS network and Trilliant SecureMesh Network.

    IP Co. alleges the infringements have been willful and deliberate.

    The plaintiff is seeking compensatory and treble damages, a preliminary and permanent injunction, interest, costs, attorneys' fees and other just and proper relief.

    T. John Ward Jr. of Ward & Smith Law Firm in Longview and attorneys from the Kendall Law Group LLP in Dallas and Coughlin Stoia Geller Rudman & Robbins LLP in Atlanta, Ga., are representing the plaintiff.

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

    Case No. 2:09-cv-037-DF

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