Marshall Division

June 10

  • Consumer Satellite Radio LLC vs. Sirius XM Radio Inc. et al

    Plaintiff Consumer Satellite Radio claims to own the rights to U.S. Patent No. 7,436,792 issued Oct. 14, 2008, and U.S. Patent No. 7,542,928 issued June 2. The patents are titled For-Fee Distribution of Consumer-Selected Content Items Between Different Satellite Radio Service Providers.

    Consumer Satellite Radio alleges defendants Sirius XM Radio Inc., XM Satellite Radio Inc. and XM Satellite Radio Holdings Inc., referred to as the "Direct Infringers," are in the business of selling and transmitting satellite radio subscriptions to consumers to receive satellite radio content.

    "Upon information and belief, the Direct Infringers currently provide their subscribers with means to subscribe to content which is not generally available as part of a subscription package to the subscribers of their own services," the complaint states. "Some of this content is provided through the use of interoperable radios."

    The plaintiff alleges the Direct Infringers are infringing one or more claims of the '792 and/or '928 Patent.

    Toyota and Honda are also named as defendants because they advertise the inclusion of Sirius and XM radio receiver units with the purchase of new automobiles, including the "best of," "a la carte" and the "all-in-one" package, which infringes claims of the '928 Patent.

    Defendants RadioShack and Best Buy are in the business of selling satellite radio receivers which they advertise features including the "best of," "a la carte" and the "all-in-one" package, which when used results in infringement of the '928 Patent.

    Consumer Satellite Radio is seeking preliminary and final injunctive relief against any continuing infringement, compensatory and treble damages, attorneys' fees, costs and other just and proper relief.

    Carl R. Roth of The Roth Law Firm PC in Marshall is representing the plaintiff, with attorneys from Carstens & Cahoon LLP in Dallas and Schneider & Miller PC in Dallas.

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

    Case No. 2:09-cv-190-TJW

  • Traffic Information LLC vs. Sony Electronics Inc. et al

    Plaintiff Traffic Information is a limited liability company organized and existing under the laws of the state of Texas.

    According to the complaint, U.S. Patent No. 6,785,606 was issued Aug. 31, 2004, for a System for Providing Traffic Information. Traffic claims to be the owner by assignment of the '606 Patent.

    Traffic alleges defendants Sony, ASUS, Best Buy, Kenwood, Nextar, Suzuki and Empire Suzuki are infringing the '606 Patent by making, using, selling or importing traffic information systems and products.

    The plaintiff claims the defendants' acts of infringement have caused damages to Traffic to an extent not yet determined and will continue to cause damages unless enjoined by the court.

    Traffic is also seeking interest, attorneys' fees, costs and other relief deemed just and proper.

    Dale Quisenberry of Polasek, Quisenberry & Errington LLP in Bellaire is representing the plaintiff with attorneys from Capshaw DeRieux LLP in Longview.

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

    Case No. 2:09-cv-191-TJW-CE

    Texarkana Division

    June 12

  • National Oilwell Varco LP vs. Auto-Dril Inc.

    Plaintiff National Oilwell Varco is a Delaware limited partnership with its principal place of business in Texas. It claims to own the rights to U.S. Patent No. 5,474,142.

    The complaint does not give the title of the invention covered by the '142 Patent, nor its date of issue.

    NOV alleges defendant Auto-Dril, a Midland-based company, is infringing the '142 Patent.

    "Defendant has infringed, willfully infringed and/or contributed to or induced infringement of the '142 Patent by making, using, selling or offering for sale products that come within or are operated within the scope of one or more of the claims of the patent," the suit states.

    NOV is asking that defendant prepare and deliver a complete list of entities to whom the defendant has sold any product that infringes the '142 Patent and be ordered to account for all revenues and profits it has derived from the infringement.

    The plaintiff is seeking actual and compensatory damages, interest, treble damages for willful infringement, attorneys' fees and other just and appropriate relief.

    Robert M. Bowick of Matthews, Lawson & Bowick PLLC in Houston is representing the plaintiff.

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

    Case No. 5:09-cv-085-TJW

    Tyler Division

    June 10

  • Internet Coupon Solutions LLC vs. Coupons Inc. et al

    Plaintiff Internet Coupon Solutions, a Texas limited liability company, claims to own the rights to U.S. Patent No. 5,791,991 issued Aug. 11, 1998, for an Interactive Consumer Product Promotion Method and Match Game.

    The plaintiff alleges that defendants Coupons Inc., News America Marketing Interactive LLC, Valassis Direct Mail Inc. and Valpak Direct Marketing Systems Inc. are infringing the '991 Patent by providing printable coupons to Web site users.

    Internet Coupon Solutions claims it has been damaged by defendants' infringing conduct and is seeking compensation no less than a reasonable royalty together with interest and costs.

    The plaintiff also alleges that defendant Coupons Inc. was on notice of the '991 Patent and of its infringing conduct at least as early as May 16, 2003, if not earlier, and has knowingly and willfully infringed the '991 Patent since the time it received such notice. The plaintiff claims this entitles it to treble damages.

    Jonathan Suder of Friedman, Suder & Cooke in Fort Worth is representing the plaintiff along with Longview attorneys Eric Albritton of the Albritton Law Firm and John Ward Jr. of Ward & Smith Law Firm.

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

    Case No. 6:09-cv-261-LED

  • Landmark Technology LLC vs. Aeropostale Inc. et al

    Plaintiff Landmark claims to own the rights to three patents relating to automated sales and service systems.

    U.S. Patent No. 5,576,951 was issued Nov. 19, 1996, to inventor Lawrence B. Lockwood. An Ex Parte Reexamination Certificate was issued on Jan. 29, 2008, confirming the validity of all 10 original claims and allowing 22 additional claims of the '951 Patent. Lockwood assigned the '951 Patent to Landmark on Sept. 1, 2008.

    U.S. Patent No. 6,289,319 was issued Sept. 11, 2001, for an Automated Business and Financial Transaction Processing System to Lawrence Lockwood. A reexamination certificate was issued July 17, 2007, confirming the validity of all six of the original claims and allowing 22 additional claims. Lockwood assigned the '319 Patent to Landmark on Sept. 1, 2008.

    U.S. Patent No. 7,010,508 was issued March 7, 2006, for an Automated Multimedia Data Processing Network to Lockwood. Lockwood assigned the '508 Patent to Landmark on Sept. 1, 2008.

    According to the complaint, defendants Aeropostale, Autozone, Chico's, Coach, Dick's Sporting Goods, The Finish Line, Fossil and Under Armour are infringing the Landmark patents by selling their products and services using electronic commerce systems.

    The plaintiff is seeking a preliminary and permanent injunction against defendants, an order directing defendants to deliver for destruction all infringing products and systems in their possession, compensatory damages including reasonable royalty, enhanced and/or exemplary damages, attorneys' fees, interest and other just and proper relief.

    Charles Ainsworth of Parker, Bunt & Ainsworth PC in Tyler is representing Landmark. Stanley Gibson, Brian Kasell and Joshua Hodas of Jeffer, Mangels, Butler and Marmaro LLP in Los Angeles are of counsel.

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

    Case No. 6:09-cv-262-LED

    June 16

  • Bedrock Computer Technologies LLC vs. Softlayer Technologies Inc. et al

    Plaintiff Bedrock is a Texas corporation with its principal place of business in Tyler.

    Bedrock claims to own the rights to U.S. Patent No. 5,893,120 for Methods and Apparatus for Information Storage and Retrieval Using a Hashing Technique with External Chaining and On-the-Fly Removal of Expired Data. The suit does not give the date the '120 Patent was issued.

    According to the complaint, defendants Softlayer Technologies, CitiWare Technology Solutions, Google Inc., Yahoo!, MySpace, Amazon.com, PayPal, Match.com, AOL and CME Group use the method and apparatus falling within the scope of the '120 Patent in the course of their business operations.

    Bedrock claims it has been irreparably harmed by defendants' infringement.

    The plaintiff is seeking actual damages, interest, attorneys' fees, enhanced damages, future royalties, costs and other relief deemed just and proper.

    Sam Baxter of McKool Smith PC in Marshall is lead attorney for the plaintiff.

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

    Case No. 6:09-cv-269-LED

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