Recent patent infringement cases filed in the Eastern District of Texas

Marilyn Tennissen Dec. 22, 2009, 3:00pm

Marshall Division

Dec. 18

  • PixFusion LLC vs. Oddcast Inc., et al

    Plaintiff PixFusion claims to own the rights to two patents: U.S. Patent No. 6,351,265 and U.S. Patent No. 5,623,587.

    According to the original complaint, PixFusion is known as an innovator in personalized entertainment and composite imagery across all media formats. It develops, manufactures and produces high quality, customized products and services.

    "For example, under its Kideo brand, PixFusion manufactures and produces personalized media productions for children using licensed characters such as Spider-Man; Dora the Explorer, Barney, Arthur, Care Bears and Baby Genius," the complaint states.

    The patents are for technology that allows Internet sites to substitute faces of users for the faces of characters from movies.

    PixFusion alleges defendants Oddcast Inc., American Express Co., Asus Computer International, ConAgra Foods Inc., Mattel Inc., Veev Spirits LLC and WidgetBar Search LLC are infringing the '265 and '587 Patents.

    Defendants' infringing products named in the suit are promotional media products and applications.

    Oddcast's products include Breyers; Disney's; Fox Home Entertainment's; Netflix promotions, and; and Dark Knight promotion

    American Express violates the patents allegedly through

    Defendant Asus markets Disney Bobblehead software which allegedly infringes the patents, while ConAgra infringes through the marketing of Slim Jims at

    Other products alleged of infringement include Mattel's UCreate Games, Veev's, and WidgetBar's

    PixFusion claims the defendants received actual notice of the '265 and '587 Patents, yet continue to deliberately and willfully infringe the patents.

    The plaintiff is seeking a permanent injunction restraining and enjoining defendants from infringing the patents, compensatory damages no less than a reasonable royalty, interest, attorneys' fees, costs and other just and proper relief.

    Bonnie Grant of Kilpatrick Stockton LLP in Atlanta, Ga., is representing the plaintiff.

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

    Case No. 2:09-cv-390-TJW

    Tyler Division

    Dec. 21

  • Adaptix Inc. vs. Clearwire Corp. and Clearwire Legacy LLC

    Plaintiff Adaptix is a Delaware corporation with its principal place of business in Carrollton. It claims to be the assignee of all rights to U.S. Patent No. 7,575,850 issued Aug. 11 for Multi-Carrier Communications with Group-Based Subcarrier Allocation.

    Adaptix alleges defendants Clearwire Corp. and Clearwire Legacy LLC (Clearwire) infringe the '850 Patent by offering WiMAX services sold under the brand "Clear" and resold under other brand names.

    "More specifically, the defendants' WiMax network implements a frequency reuse pattern which constitutes an infringement of the '850 Patent," the suit states.

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

    Donald Puckett of the Ware Firm in Dallas is attorney-in-charge for the plaintiffs, with T. John Ward Jr. of Ward & Smith Law Firm and Eric Albritton of Albritton Law Firm in Longview, and Paul Skiermont and Mark Ouweleen of Bartlit Beck Herman Palenchar & Scott in Chicago, Il.

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

    Case No. 6:09-cv-562-LED

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