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SOUTHEAST TEXAS RECORD

Thursday, April 18, 2024

Recent patent infringement/false marking cases filed in the Eastern District of Texas

MARSHALL DIVISION

May 26

  • Bluestone Innovations Texas LLC v. Epistar Corp.

    Bluestone is a Texas limited liability company located in Dallas.

    The defendants are Epistar Corp., Formosa Epitaxy Inc., Huga Optotech Inc, Nichia Corp., Nichia America Corp., Showa Denko K.K., Showa Denko America Inc., Tekcore Co. Ltd., Toyoda Gosei Co. Ltd., Toyoda Gosei North America Corp., Toyoda Gosei Texas LLC and Walsin Libwa Corp.

    The plaintiff alleges that the defendants are infringing on U.S. Patent 6,163,558 issued on Dec. 19, 2000, for a Method for Fabrication of Group III-V Nitrides on Mesas.

    The patents relate to technologies for fabricating nitride films that can be used in optoelectronic devices including light emitting diodes.

    The plaintiff is asking the court to permanently enjoin the defendants from further infringement, and is seeking an award of damages, interest, treble damages, attorneys' fees and costs.

    Jury trial is requested.

    The plaintiff is represented by Marshall attorney J. Rodney Gilstrap of Smith & Gilstrap.

    U.S District Judge T. John Ward is assigned to the case.

    Case No 2:10-cv-00171-TJW

  • Bluestone Innovations Texas LLC v. OSRAM GmbH, et al

    Bluestone is a Texas limited liability company located in Dallas.

    The defendants are OSRAM Gesellschaft mit beschrankter Haftung also known as OSRAM GmbH, OSRAM Opto Semiconductor GmbH & Co., OSRAM Sylvania Inc. and SemiLEDs Inc.

    The plaintiff alleges that the defendants are infringing on U.S. Patent 6,448,102 issued on Sept. 10, 2002, for Method for Nitride Based Laser Diode with Growth Substrate Removed.

    The patents relate to technologies for fabricating nitride films that can be used in optoelectronic devices including light emitting diodes.

    The plaintiff is asking the court to permanently enjoin the defendants from further infringement, for an award of damages, interest, treble damages, attorneys' fees and costs.

    Jury trial is requested.

    The plaintiff is represented by Marshall attorney J. Rodney Gilstrap of Smith & Gilstrap.

    U.S District Judge T. John Ward is assigned to the case.

    Case No 2:10-cv-00172-TJW

  • John B. Adrain v. Vigilant Video and the City of Port Arthur, Texas

    John Adrian is a Washington resident who claims he owns the rights to the patent at issue.

    The plaintiff alleges that the city of Port Arthur and Vigilant Video defendants are infringing on U.S. Patent 5,831,669 issued on Nov. 3, 1998, for Facility Monitoring System with Image Memory and Correlation.

    The defendants are accused of infringing on the '669 patent by using or offering to sell image recognition systems and/or devices, including license plate recognition systems.

    The plaintiff is asking the court to permanently enjoin the defendants from further infringement, for an award of all damages, interest, attorneys' fees and costs.

    Jury trial is requested.

    The plaintiff is represented by John T. Polasek, C. Dale Quisenberry and Jeffrey S. David of Polasek of Quisenberry & Errington LLP in Bellaire; Otis W. Carroll of Ireland, Carroll & Kelley PC in Tyler; and S. Calvin Capshaw, Elizabeth L. DeRieux and D. Jeffrey Rambin of Capshaw DeRieux LLP in Longview.

    U.S District Judge T. John Ward is assigned to the case.

    Case No 2:10-cv-00173-TJW

    May 27

  • Atwater Partners of Texas LLC v. AT&T Inc. et al

    Atwater is a Texas limited liability company with its principal place of business in Longview.

    The defendants are AT&T Inc., Actiontec Electronics Inc., ADTRAN Inc., Allied Telesis Inc., Billion Electric Co. Ltd., BEC Technologies Inc., Broadcom Corp., Cisco Systems Inc., Cisco Systems (USA) Pte. Ltd., Cisco Systems International BV, Comtrend Corp., Consolidated Communications Holdings Inc., Enablence Technologies Inc., Mindspeed Technologies Inc., Motorola Inc., Netopia Inc., Netgear Inc., Occam Networks Inc., Rad Data Communications, Ltd., Rad Communications Inc., Shareband Technologies LLC, Tellabs Inc., Wintegra Inc., Zhone Technologies Inc. and ZyXEL Communications Inc.

    The plaintiff alleges that the defendants are infringing on several of its patents. The patents-in-suit are:

  • U.S. Patent No. 6,490,296 issued Dec. 3, 2002, for a Multi-Link Segmentation and Reassembly for Bonding Multiple PVC's in an Inverse Multiplexing Arrangement;

  • U.S. Patent No. 7,158,523 issued Jan. 2, 2007, for a Multi-Link Segmentation and Reassembly Sublayer for Bonding Asynchronous Transfer Mode Permanent Virtual Circuits;

  • U.S. Patent No. 7,161,953 issued Jan. 9, 2007, for a Bonding Multiple G.SHDSL Links;

  • U.S. Patent No. 7,310,310 issued Dec. 18, 2007, for a Multi-Link SAR for Bonding ATM Cell-Streams; and

  • U.S. Patent No. 7,349,401 issued March 25, 2008, for a Bonded G.SHDSL Links for ATM Backhaul Applications.

    The plaintiff is asking the court to permanently enjoin the defendants from further infringement, for an award of damages, costs, expenses, interest and attorneys' fees.

    Jury trial is requested.

    The plaintiff is represented by Andrew W. Spangler of Spangler Law PC in Longview along with Gregory P. Love, Scott E. Stevens and Darrel G. Dotson of Stevens Love in Longview.

    U.S District Judge T. John Ward is assigned to the case.

    Case No 2:10-cv-00175-TJW

    May 28

  • Actus LLC v. Discover Financial Services, et al.

    Actus LLC is a Texas limited liability company with its principal place of business in Marshall.

    The defendants are Discover Financial Services, Electronic Arts Inc., Home Depot Inc., Lowe's Companies Inc., McDonald's Corp., Moneygram Int'l Inc., News Corp., Recreational Equipment Inc., Sears Holding Corp., Simon Property Group Inc., Starbucks Corp., Target Corp., The Gap Inc., The Sports Authority Inc., TJX Companies Inc., Yum! Brands Inc., Zynga Game Network Inc., Ace Cash Express Inc., Brinker Int'l and Darden Restaurants Inc.

    The plaintiff alleges that the defendants are infringing on four of its patents.

    The patents-in-suit are:

  • U.S. Patent No. 7,328,189 issued on Feb. 5, 2008;

  • U.S. Patent No. 7,249,909 issued July 24, 2007;

  • U.S. Patent No. 7,177,838 issued Feb. 17, 2007; and

  • U.S. Patent No. 7,376,621 issued May 20, 2008.

    All of the patents were issued for a Method and Apparatus for Conducting Electronic Commerce Transactions Using Electronic Tokens.

    The plaintiff alleges that the infringement is willful.

    The plaintiff is asking the court to permanently enjoin the defendants from further infringement, for an award of damages, costs, expenses, interest, enhanced damages, and attorneys' fees.

    Jury trial is requested.

    The plaintiff is represented by William E. Davis III of The Davis Firm, PC in Longview.

    U.S District Judge T. John Ward is assigned to the case.

    Case No 2:10-cv-00177-TJW

  • Vigilos LLC. v. Cisco Systems Inc., et al

    Vigilos is a Texas based limited liability company with its principal place of business in Tyler.

    The defendants are Cisco Systems Inc., AMD Global Telemedicine Inc., Fora Care, TaiDoc Technology Corp., Foresight Imaging LLC and Intel Corp.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 6,839,731 issued Jan. 4, 2005, for a System and Method for Providing Data Communication in a Device Network.

    The plaintiff also alleges that the infringement is willful.

    The plaintiff is asking the court to permanently enjoin the defendants from further infringement, for an award of damages, costs, expenses, interest, and attorneys' fees.

    Jury trial is requested.

    The plaintiff is represented by Andrew W. Spangler of Spangler Law PC in Longview and Marc A. Fenster of Russ, August & Kabat in Los Angeles, Calif.

    U.S District Judge T. John Ward is assigned to the case.

    Case No 2:10-cv-00180-TJW

  • Leon Stambler v. Intuit Inc. et al

    Leon Stambler is an individual from Parkland, Fla.

    The defendants are Intuit Inc., American Airlines Federal Credit Union, A.N.B. Holding Co. Ltd., The American National Bank of Texas, Quinlan Bancshares Inc., Benchmark Bank, Discover Financial Services, Discover Bank, DFS Services LLC, ING Bank, fsb, International Bancshares Corp., International Bank of Commerce, iPay Technologies LLC, KeyCorp, KeyBank National Association, Moneygram International Inc., Moneygram Payment Systems Inc., Online Resources Corp., S1 Corp., S1 Inc., TD Ameritrade Holding Corp., TD Ameritrade Inc., TRB Bancorp Inc., Texas Republic Bank N.A., Unionbancal Corp., Union Bank N.A., United Services Automobile Association, USAA Federal Savings Bank and The Vanguard Group Inc.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 5,793,392 issued on Aug. 11, 1998, and U.S. Patent No. 5,974,148 issued on Oct. 26, 1999, for a Method for Securing Information Relevant to a Transaction.

    Stambler is accusing the defendants of infringing on the patents with their respective secure online banking, including online bill pay.

    The plaintiff is asking the court to for an award of all damages to and costs incurred due to the infringing activities, for a reasonable, on-going post judgment royalty, treble damages, interest, attorney's fees and costs.

    Jury trial is requested.

    The plaintiff is represented by Longview attorney T. John Ward Jr. of Ward & Smith Law Firm; Fort Worth attorneys Brent N. Bumgardner, Edward R. Nelson III, Christie B. Lindsey and Ryan P. Griffin of Nelson Bumgardner Castro P.C.; Longview attorney Eric M. Albritton of the Albritton Law Firm; and Plano attorney Ronald A. Dubner.

    U.S District Judge David Folsom is assigned to the case.

    Case No 2:10-cv-00181-DF-CE

    SHERMAN DIVISION

    May 26

  • Roscoe's Electronics and Nanotechnology LLC v. Woodstock International Inc.

    Roscoe's Electronics and Nanotechnology is a Texas limited liability company

    The defendant Woodstock International, also known as Gutmann Cutlery. is a Washington corporation

    The plaintiff alleges that the defendant falsely marked the product "SW1014 Smith & Wesson 61-Piece 3-Way Ratchet Screwdriver Bit & Socket Set with U.S. Patent No. 4,644,831 issued on Feb. 24, 1987, and expired on July 5, 2005.

    The plaintiff is asking the court to award a civil monetary fine of $500 per false marking offense, plus interest, attorney's fees and court costs.

    Jury trial is requested.

    The plaintiff is represented by Plano attorney Michael T. Konczal of the Konczal Law Firm.

    U.S District Judge T. John Ward is assigned to the case.

    Case No 2:10-cv-00174-TJW-CE

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