Recent patent infringement cases filed in the Eastern District of Texas

Marilyn Tennissen May 21, 2009, 11:00am

Marshall Division

May 15

  • CMC Magnetics Corp. vs. Victor Company of Japan Ltd.

    Plaintiff CMC Magnetics is a Taiwanese company. Defendant Victor Co. is based in Yokohma, Japan.

    CMC claims it owns the rights to U.S. Patent No. 6,188,132 issued Feb. 13, 2001, for a Two-Wavelength Semiconductor Laser Diode Package for Use on the Read/Write Head of an Optical Drive Capable of Reading Different Types of Optical Discs.

    The technology provides a laser diode package which packs two laser diodes of different specifications in wavelength allowing the laser package to be used in optical drives capable of reading data from different types of optical discs, such as compact discs, recordable CDs and DVDs.

    The plaintiff alleges defendant infringes the '132 Patent through products including the JVC XV-N670B.

    Also, according to the complaint, defendant's acts of infringement have been willful, deliberate and in reckless disregard of plaintiff's patent rights.

    CMC claims it has been and continues to be injured and has sustained and will continue to sustain substantial damages as a direct and proximate cause of defendant's acts of patent infringement.

    CMC is seeking a preliminary and permanent injunction, compensatory damages, costs and other general relief the court may deem proper.

    Patton Lochridge of McGinnis, Lochridge & Kilgore LLP in Austin is representing the plaintiff, along with Jenny W. Chen and Lawrence Kao of Taipei, Taiwan, to be admitted Pro Hac Vice.

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


    May 18

  • Enhanced Security Research LLC vs. Juniper Networks Inc.

    Plaintiff Enhanced Security Research is a Texas limited liability company with its principal place of business in Berkeley, Calif.

    It claims to own the rights to two patents for intelligent network security devices: U.S. Patent No. 6, 119, 236 issued Sept. 12, 2000, and U.S. Patent No. 6, 304,975 B1 issued Oct. 16, 2001.

    ESR alleges Juniper Networks infringes the patents-in-suit by making, using, selling or importing versions of IDP appliances, software, updates and related offerings.

    Upon information and belief, Juniper has knowledge that it has infringed the patents, yet continues to infringing activities, making ESR entitled to increased damages.

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

    Elizabeth DeRieux of Capshaw DeRieux LLP in Longview is representing the plaintiff. Attorneys from Robins, Kaplan, Miller & Ciresi LLP in Minneapolis, Minn., are of counsel

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

    Case No. 2:09-cv-158-TJW

    Sherman Division

    May 19

  • Traxxas LP vs. Trinity Products Inc. and Team Epic Inc.

    Plaintiff Traxxas is a Texas limited partnership with its principal place of business in Plano.

    According to the complaint, Traxxas creates, designs, manufactures, and sells hobby-class radio control cars, trucks, and boats in both nitro and electric categories, including connectors for hobby-class radio controlled electric cars, trucks and boats.

    The plaintiff claims to be the owner of two patents for electrical connector assembly: U.S. Patent No. 7,530,855 issued May 12, 2009, and 7,374,460 issued May 20, 2008.

    Traxxas contends that defendants Trinity Products and Team Epic are presently making, having made, distributing, using, selling, offering to sell and/or importing one or more electrical connector assemblies, connectors, and/or adapters that directly and/or indirectly infringe one or more claims of the '855 Patent and/or the '460 Patent, including but not limited to defendants' "StarCell iPlug" brand of connectors and adapters.

    The plaintiff is asking that the defendants be ordered to pay damages adequate to compensate Traxxas for the infringement, but in no event less than a reasonable royalty, interest, costs, attorneys' fees, injunctive relief and increased damages.

    Albert B. Deaver Jr. Locke Lord Bissell & Liddell LLP in Houston is attorney in charge for the plaintiff.

    The case has been assigned to U.S. District Judge Richard A. Shell.

    Case No. 4:09-cv-00237-RAS

    Tyler Division

    May 15

  • Cedric R. Emanuel dba Just Wheels vs. SPX Corp./OTC Tools Division

    Plaintiff Cedric Emanuel is a Texas citizen residing in Crosby. He claims he is the inventor and owner of two patents for inventions to replace wheel studs.

    The patents-in-suit are:

  • U.S. Patent No. 6,505,390 issued Jan. 14, 2003, for a Method for Replacing Wheel Studs; and

  • U.S. Patent No. 6,618,920 issued Sept. 16, 2003, for a Wheel Stud Installation Too.

    Plaintiff's business, Just Wheels, is a wheel stud replacement and tire repair service which offers for sale an automotive tool called the Heavy Duty Stud Press, which is used for the removal and/or installation of wheel studs.

    Plaintiff markets the Stud Press and offers it for sale through his Web site

    Upon information and belief, defendant SPX Corporation is in the business of making, distributing, offering for sale and selling – directly through the Internet at its Web site, and through distributors, wholesalers and automotive tools and equipment retailers – various types of truck and automotive specialty tools.

    According to the plaintiff's complaint, the defendant has been marketing and selling the OTC Wheel Stud Remover/Installer Master Kit No. 5195 (OTC-5195) since at least as early as 2007 and continues to market and sell that product to the present time.

    The OTC-5195 Master Kit comes in a storage case and comprises a C-frame/Forcing Screw Assembly, two removing adapters, a receiving cup, a removing pin, an installing adapter and a lube packet. The product comes with instructions for use in both installing and removing wheel studs.

    The plaintiff alleges that defendant has infringed and is continuing to infringe one or more claims of each of the patents-in-suit by offering for sale and selling the OTC-5195 tool, among others.

    As a result of defendant's infringing activities, the plaintiff claims it has been irreparably damaged to an extent not yet determined and will continue to be irreparably damaged by such acts in the future unless the defendant is enjoined by this court.

    The plaintiff also alleges that the defendant has actively induced infringement of one or more claims of the patents-in-suit by offering to sell and selling the OTC-5195 tool.

    Just Wheels is seeking a permanent injunction, compensatory damages, interest, attorneys' fees and other just and proper relief.

    Andy Tindel, Provost Umphrey in Tyler and attorneys from Meredith & Keyhani PLLC in New York, N.Y., are representing the plaintiff.

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

    Case No. 6:09-cv-220-LED

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