Recent patent infringement suits filed in the Eastern District of Texas

Marilyn Tennissen Apr. 9, 2009, 5:24am

Marshall Division

April 1

  • Emsat Advanced Geo-Location Technology LLC et al vs. Virgin Mobile USA LP et al

    Plaintiffs Emsat Advanced Geo-Location Technology and Location Based Services LLC claim to own the rights to four U.S. patents with the title Cellular Telephone System That Uses Position of a Mobile Unit to Make Call Management Decisions.

    The patents-in-suit are:

  • U.S. Patent No. 5,946,611 issued Aug. 31, 1999
  • U.S. Patent No. 6,324,404 issued Nov. 27, 2001
  • U.S. Patent No. 6,847,822 issued Jan. 25, 2005
  • U.S. Patent No. 7,289,763 issued Oct. 30, 2007

    The suit refers to the patents collectively as the "Dennison patents."

    According to the complaint, plaintiff Emsat is the assignee of the Dennison patents and owns the rights, title and interest in them.

    Plaintiff LBS is the exclusive licensee of the Dennison patents and possess all rights of recovery under them, including the right to prosecute legal action.

    The Dennison patents relate to systems and methods for combining certain features of wireless telephone systems with location-finding technology that can determine the exact geographic locations of telephones and use that information to improve network operations.

    In particular, the Dennison patents allow for increased accuracy in determining the location of a mobile phone for the purpose of transmitting location information to emergency call centers known as Public Safety Answering Points.

    The plaintiffs allege that defendants Virgin Mobile USA LP, 7-Eleven Inc., MGA Entertainment Inc., Circle K Stores Inc., GreatCall Inc., Kajeet Inc., TracFone Wireless Inc., Ace Cash Express Inc. and ZTar Mobile Inc. are infringing the patents-in-suit.

    Plaintiffs are seeking compensatory damages no less than a reasonable royalty, interest, attorneys' fees, costs and other just and proper relief.

    Edward R. Nelson III of Nelson Bumgardner Casto PC in Fort Worth is attorney in charge for the plaintiffs, along with T. John Ward Jr. of Ward & Smith and Eric Albritton of the Albritton Law Firm in Longview.

    The case has been assigned to U.S. District Judge David Folsom and referred to Magistrate Judge Charles Everingham for pre-trial proceedings.

    Case No 2:09-cv-091-DF-CE

    April 2

  • Mitchell Prust vs. Apple Inc.

    Plaintiff Mitchell Prust is an individual living in St. Paul, Minn.

    Prust claims that he owns the rights to three patents dealing with remote storage devices.

    The patents-in-suit are:

  • U.S. Patent No. 6,714,968 issued March 30, 2004, for a Method and System for Seamless Access to a Remote Storage Server Utilizing Multiple Access Interfaces Executing on the Remote Server.
  • U.S. Patent No. 6,735,623 issued May 11, 2004, for a Method and System for Accessing a Remote Storage Area
  • U.S. Patent No. 6,952,724 issued Oct. 4, 2005, for a Network-Based Remote Data Storage System Having Multiple Access Interfaces

    Prust alleges that Apple has infringed the patents-in-suit by making, using or selling products and services including software products and electronic data storage products, and is actively inducing others to infringe the patents.

    Prust also alleges that the infringement has been willful and deliberate.

    The plaintiff is seeking injunctive relief, compensatory damages no less than a reasonable royalty, interest, costs, attorneys' fees and other just and proper relief.

    Christopher Banys of the Lanier Law Firm PC in California is lead attorney for Prust along with attorneys from Ireland, Carroll & Kelley PC in Tyler.

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

    Case No. 2:09-cv-092-TJW

    April 6

  • Santech Industries Inc. vs. IDQ Operating Inc. dba Interdynamics

    Plaintiff Santech is a Texas corporation having its principal offices in Fort Worth.

    According to the complaint, U.S. Patent No. 7,325,809 was issued to Ron C. Brezina and Michael Deese on Feb. 5, 2008, for a Seal Kit for Vehicle Air Conditioning System and Associated Methods. Brezina and Deese assigned the patent to Santech Industries.

    Defendant Interdynamics is a company in the business of manufacturing and selling seal kits for vehicle air conditioning systems. The plaintiff alleges Interdynamics infringes the '809 Patent through one or more of its products.

    The plaintiff also alleges that defendant's seal kits have induced others to infringe the '809 Patent and that the infringements and inducements have been willful and deliberate.

    Santech is seeking an injunction against the defendant, compensatory damages no less than reasonable royalty, treble damages, interest, costs, attorneys' fees and other just and equitable relief.

    Ross D. Kennedy of Bracewell & Giuliani LLP in Houston 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-095-TJW

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