Recent patent infringement cases filed in the Eastern District of Texas

Marshall Division July 22
  • Aircraft Technical Publishers vs. Avantext Inc. et al Plaintiff Aircraft Technical Publishers claims to be the owner by assignment of U.S. Patent No. 5,987,474 issued Nov. 16, 1999, to Michael Sandifer. According to the complaint, ATP is a "worldwide leader" in the reproduction of computer-based information and data concerning the airworthiness requirements and other directives relating to non-commercial aircraft. The information is used by aircraft owners, mechanics and others to keep their aircraft properly maintained. ATP alleges that defendants Avantext Inc., Don Maxwell Aviation Services and Dyson Aviation are infringing the '474 Patent. The suit claims that Avantext is a Pennsylvania company in the same industry as ATP and infringes the '474 Patent through the AD Basic Library, AD Small Aircraft Library, AD Large Aircraft Library and Complete AD Library and associated software. Defendant Maxwell, the suit states, is a Texas company with its principal offices in Longview. ATP is informed and believes that Maxwell is a fixed base operator who is also infringing the '474 Patent by using and otherwise exploiting the infringing products. Defendant Dyson is a Texas company with its principal offices in Athens and ATP is informed and believes that Dyson is a fixed base operator who is also infringing the '474 Patent. ATP alleges that Avantext has actual or constructive knowledge of the '474 Patent, but has continued to use, manufacture or sell the infringing products. Avantext has willfully, directly and contributorily infringed the patent and has induced others to infringe said patent through its use, advertising, sales and marketing efforts. ATP is seeking a preliminary and permanent injunction enjoining defendants from further infringement, compensatory damages, treble damages, attorneys' fees, costs, interests and other relief deemed just and proper. Carl R. Roth of The Roth Law Firm in Marshall is representing the plaintiff. 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-224-TJW-CE Tyler Division July 22
  • Realtime Data LLC dba IXO vs. Morgan Stanley et al Plaintiff Realtime Data, doing business as IXO, claims it is a developer of software and hardware based data compression products, ranging from data compression cards to rack-mounted storage servers. "Realtime Data has worked with some of the largest technology companies in the world involved with the development of market data compression solutions," the original complaint states. According to the suit, Realtime Data claims to own the rights to four U.S. patents relating to data compression. The patents-in-suit are: U.S. Patent No. 6,624,761 issued Sept. 23, 2003, for a Content Independent Data Compression Method and System. U.S. Patent No. 7,161, 506 issued Jan. 9, 2007, for Systems and Methods for Data Compression Such As Content Dependent Data Compression. U.S. Patent No. 7,400,274 issued July 15, 2008, for a System and Method for Data Feed Acceleration and Encryption. U.S. Patent No. 7,417,568 issued Aug. 26, 2008, for a System and Method for Data Feed Acceleration and Encryption. Realtime Data alleges that several of the country's largest banking and financial institutions are infringing the patents. The defendants are Morgan Stanley, Bank of America, The Bank of New York Mellon, Credit Suisse Holdings, Goldman Sachs, HSBC Bank, JPMorgan Chase and SWS Group. The plaintiff is seeking a permanent injunction against defendants enjoining them from continuing acts of infringement, compensatory damages in an amount to be determined at trial, costs, expenses, attorneys' fees and other relief deemed just and proper. Sam Baxter of McKool Smith PC in Marshall is representing the plaintiff. The case has been assigned to U.S. District Judge Leonard E. Davis. Case No. 6:09-cv-326-LED
  • Realtime Data LLC dba IXO vs. CME Group Inc. Plaintiff Realtime Data, doing business as IXO, claims it is a developer of software and hardware based data compression products, ranging from data compression cards to rack-mounted storage servers. "Realtime Data has worked with some of the largest technology companies in the world involved with the development of market data compression solutions," the original complaint states. According to the suit, Realtime Data claims to own the rights to four U.S. patents relating to data compression. The patents-in-suit are: U.S. Patent No. 6,624,761 issued Sept. 23, 2003, for a Content Independent Data Compression Method and System. U.S. Patent No. 7,161, 506 issued Jan. 9, 2007, for Systems and Methods for Data Compression Such As Content Dependent Data Compression. U.S. Patent No. 7,400,274 issued July 15, 2008, for a System and Method for Data Feed Acceleration and Encryption. U.S. Patent No. 7,417,568 issued Aug. 26, 2008, for a System and Method for Data Feed Acceleration and Encryption. Realtime Data alleges that several financial and securities companies are infringing the patents. The defendants are CME Group, BATS Trading, International Securities Exchange, NASDAQ OMX Group, NYSE Euronext and Options Price Reporting Authority. The plaintiff is seeking a permanent injunction against defendants enjoining them from continuing acts of infringement, compensatory damages in an amount to be determined at trial, costs, expenses, attorneys' fees and other relief deemed just and proper. Sam Baxter of McKool Smith PC in Marshall is representing the plaintiff. The case has been assigned to U.S. District Judge Leonard E. Davis. Case No. 6:09-cv-327-LED July 23
  • Realtime Data LLC dba IXO vs. Thomson Reuters et al Plaintiff Realtime Data, doing business as IXO, claims it is a developer of software and hardware based data compression products, ranging from data compression cards to rack-mounted storage servers. "Realtime Data has worked with some of the largest technology companies in the world involved with the development of market data compression solutions," the original complaint states. According to the suit, Realtime Data claims to own the rights to four U.S. patents relating to data compression. The patents-in-suit are: U.S. Patent No. 6,624,761 issued Sept. 23, 2003, for a Content Independent Data Compression Method and System. U.S. Patent No. 7,161, 506 issued Jan. 9, 2007, for Systems and Methods for Data Compression Such As Content Dependent Data Compression. U.S. Patent No. 7,400,274 issued July 15, 2008, for a System and Method for Data Feed Acceleration and Encryption. U.S. Patent No. 7,417,568 issued Aug. 26, 2008, for a System and Method for Data Feed Acceleration and Encryption. Realtime Data alleges that defendants Thomson Reuters, Bloomberg, Factsest Research Systems, Interactive Data Corp. and Penson Worldwide are infringing the patents-in-suit. The plaintiff is seeking a permanent injunction against defendants enjoining them from continuing acts of infringement, compensatory damages in an amount to be determined at trial, costs, expenses, attorneys' fees and other relief deemed just and proper. Sam Baxter of McKool Smith PC in Marshall is representing the plaintiff. The case has been assigned to U.S. District Judge Leonard E. Davis. Case No. 6:09-cv-333-LED July 28
  • SFA Systems LLC vs. 1-800-Flowers.com Inc. et al Plaintiff SFA is a Texas limited liability company with its principal place of business in Marshall. According to SFA, it is the owner by assignment of U.S. Patent No. 6,067,525 issued May 23, 2000, for an Integrated Computerized Sales Force Automation System. The suit also states that claims of the '525 Patent were construed by order of U.S. District Judge Leonard E. Davis of the Tyler Division on Feb. 23. SFA alleges that 27 defendant companies are infringing the '525 Patent. Defendants named in the suit include 1-800-Flowers.com, The Plow & Hearth, The Popcorn Factory, Winetasting Network, Barnes & Noble, Blockbuster, Build-A-Bear Workshop, Gamestop, Gander Mountain, Overton's, Newegg, Northern Tool & Equipment, Omaha Steaks, Timberland and Tupperware. According to SFA, the defendants infringe the '525 Patent by making and using supply chain methods, sales methods, sales systems, marketing methods, marketing systems and inventory systems covered by one or more claims of the '525 Patent. "As a result of the above Defendants' infringement of the '525 Patent, SFA has suffered monetary damages … in an amount not yet determined, and will continue to suffer such monetary damages in the future unless Defendants' infringing activities are permanently enjoined by this court," the complaint states. SFA is seeking damages, costs, expenses, interest, attorneys' fees and restitution of benefits that defendants have gained through their unfair, deceptive or illegal acts. Andrew Spangler of Spangler Law 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-340-LED
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