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

Marilyn Tennissen Feb. 26, 2009, 9:39am

Marshall Division

Feb. 19

  • Tessema Dosho Shifferaw vs. Emson USA et al

    California resident Tessema Shifferaw claims to own the rights to two U.S. patents for a piece of exercise equipment.

    U.S. Patent No. 7,137,933 issued Nov. 21, 2006, is for an Apparatus and Methods for Abdominal Muscle and Gluteal Muscle Exercise.

    U.S. Patent No. 6,716,144 issued April 6, 2004, is for an Abdominal Exercise Machine.

    Shifferaw alleges that defendants Emson USA, E. Mishan & Sons Inc., Academy Ltd. doing business as Academy Sports & Outdoors and Inc. are infringing the patents-in-suit, and that the infringements have been willful.

    "Defendants import, distribute, make, use, offer to sell and/or sell infringing products and encourage others to practice infringing methods that compete in the marketplace with products and methods embodying the patents," the original complaint states.

    The plaintiff is seeking damages adequate to compensate for the infringement in an amount not less than a reasonable royalty, a preliminary and permanent injunction, attorneys' fees, treble damages, costs and other relief.

    Shifferaw is also asking that the defendants provide an accounting for sales and profits from the alleged infringements and that all infringing products be destroyed.

    Ethan Shaw, John Cowart and Scott Kinsel of Moore Landrey LLP in Austin and San Antonio attorneys from Rhodes & Vela are representing the plaintiff.

    The case was assigned to U.S. District Judge T. John Ward and has been referred to Magistrate Judge Charles Everingham for pre-trial proceedings.

    Case No. 2:09-cv-054-TJW-CE

    Tyler Division

    Feb. 18

  • Saxon Innovations LLC vs. Samsung Electronics

    Plaintiff Saxon Innovations, based in Tyler, is in the business of licensing technology related to communications products.

    The company claims to own the rights to three U.S. patents dealing with computers and processors which are the basis of this suit:

  • U.S. Patent No. 5,235,635 issued Aug. 10, 1993, for a Keypad Monitor with Keypad Activity-Based Activation;
  • U.S. Patent No. 5,530,597 issued June 25, 1996, for an Apparatus and Method for Disabling Interrupt Masks in Processors or the Like; and
  • U.S. Patent No. 5,608,873 issued March 4, 1997, for a Device and Method for Interprocessor Communication Using Mailboxes Owned by Processor Devices.

    Saxon alleges defendants Samsung Electronics Co. Ltd., Samsung Electronics America Inc. and Samsung Telecommunications America LLC are infringing the patents-in-suit.

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

    T. John Ward Jr. of Ward & Smith Law Firm in Longview is representing the plaintiff. Attorneys from Pepper Hamilton LLP in Boston, Mass., are of counsel.

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

    Case No. 6:08-cv-067

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