PATENT INFRINGEMENT CASES

Marshall Division

Aug. 30

  • Triton Tech of Texas LLC v. Nintendo of America LLC and Apple Inc.

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

    Defendants Nintendo and Apple are accused of willful infringement of U.S. Patent No. 5,181,181 issued Jan. 19, 1993, for Computer Apparatus Input Devise for Three-Dimensional Information.

    The plaintiff states Nintendo's Wii MotionPlus gaming remote and system and Apple's iPhone 4 are infringing on the '181 patent.

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

    Triton is represented by William E. Davis III of The Davis Firm in Longview.

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

    Case No. 2:10cv00328

    Sherman Division

    Aug. 30

  • Oasis Research LLC v. Adrive LLC, et al.

    Oasis Research is a Delaware limited liability company with its principal place of business in Marshall.

    The defendants are Adrive, AT&T Inc., Carbonite Inc., Drive Headquarters Inc., EMC Corp., Decho Corp., Iomega Corp., GoDaddy.com Inc., Iron Mountain Inc., Iron Mountain Information Management Inc., Netmass Inc., Nirvanix Inc., Officeware Corp. d/b/a Filesanywhere.com, Pro Softnet Cop., Rackspace Hosting Inc., Rackspace US Inc., Jungle Disk and Softlayer Technologies.

    The plaintiff is accusing the defendants of infringing on U.S. Patent No. 5,771,354 issued June 23, 1998, and
    U.S. Patent No. 6,411,943 issued June 25, 2002, both for Internet Online Backup System Provides Remote Storage for Customers using IDs and Passwords which were Interactively Established when Signing Up for Backup Services. Also U.S. Patent No. 5,901,228 issued May 4, 1999, for Commercial Online Backup Service that Provides Transparent Extended Storage to Remote Customers over Telecommunications Links.

    The plaintiff is asking the court for an award of damages, treble damages, interest, attorneys' fees and court costs.

    Oasis Research is represented by John M. Desmarais, Alan S. Kellman and Tamir Packin of Desmarais LLP in New York and James C. Tidwell of Wolfe, Tidwell & McCoy in Sherman.

    U.S. District Judge Michael H. Schneider is assigned to the case.

    Case No. 4:10cv00435

    Tyler Division

    Aug. 30

  • Ceats Inc. v. Continental Airlines Inc., et al.

    Ceats Inc. is a Delaware corporation with its principal place of business in Irvine, Calif.

    The defendants are Continental Airlines Inc., Granada Theater, Live Nation Entertainment Inc., Ticketmaster Entertainment L.L.C., Tickets.com Inc., Ticket Software L.L.C., TicketNetwork Inc., TicketsNow.com Inc., AeroSvit Airlines, C.J.S.C., Air China Ltd., Air Europa Lineas Aereas, S.A.U., AirTran Holdings Inc., AirTran Airways Inc., Alaska Air Group Inc., Alaska Airlines Inc., Horizon Air Industries Inc. (dba Horizon Air), All Nippon Airways Co., Ltd., Aerovías del Continente Americano S.A., (dba Avianca), Brendan Airways L.L.C., (dba USA 3000 Airlines), Caribbean Airlines Ltd., Concur Technologies Inc., Delta Air Lines Inc., EgyptAir Airlines Co., Republic Airways Holdings Inc., Frontier Airlines Inc., Japan Airlines International Co. Ltd., JetBlue Airways Corporation, Malaysia Airline System Berhad, Compania Mexicana de Aviacion, S.A. de C.V. Mexico, Qatar Airways Company Q.C.S.C., Alia - The Royal Jordanian Airlines Co., SAS Group, (dba SAS Scandinavian Airlines), TAM S.A., Thai Airways International Public Co., Ltd., UAL Corporation, United Air Lines Inc., VAI Partners, L.L.C. and Virgin America Inc.

    The plaintiff alleges that the defendants are infringing its patents by offering for sale and selling airline tickets through its website.

    The patents-in-suit are:

  • U.S. Patent No. 7,454,361 B1 issued on Nov. 18, 2008, and U.S. Patent No. 7,548,866 B2 issued June 16, 2009, for Individual Seat Selection Ticketing and Reservation System;
  • U.S. Patent No. 7,548,869 B2 issued June 16, 2009, for System and Method for Selecting and Reserving Sets of Seats;
  • U.S. Patent No. 7,548,870 B2 issued on June 16, 2009, U.S. Patent No. 7,660,728 B2 and U.S. Patent No. 7,660,729 B2 issued on Feb. 9 for System and Method for Selecting and Reserving Airline Seats, and U.S. Patent No. 7,664,663 B2 issued on Feb. 16 for System and Method for Selecting and Displaying Airline Seats.

    The plaintiff is seeking an injunction enjoining defendants from continued infringement, an award of damages, enhanced damages, costs, interest, attorneys' fees and costs.

    Jury trial is demanded.

    Houston attorney Fay E. Morisseau of McDermott Will & Emery LLP is representing the plaintiff.

    Other counsel includes Daniel R. Foster and Christopher D. Bright of McDermott Will & Emery LLP in Irvine, Calif., and attorney Michael S. Nadel of McDermott Will & Emery LLP in Washington, D.C.

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

    Case No. 6:10-cv-00448-LED

    Sept. 1

  • Tele-Cons Inc. and Michael Moisin v. General Electric Co., et al.

    Tele-Cons is an Illinois corporation with its principal place of business in Massachusetts. Inventor Michael Moisin is a Massachusetts resident.

    The defendants are General Electric Co., Koninklijke Philips Electronics N.V., Philips Lighting North America, Neptun Light Inc., Global Consumer Products Inc., EarthTronics Inc., Feit Electric Co. Inc., Technical Consumer Products Inc d/b/a TCP, PureSpectrum Inc., Elliott Electric Supply Inc., Brookshire Grocery Co., Services Lighting and Electrical Supplies Inc. d/b/a 1000bulbs.com, Wal-Mart Stores Inc., Wal-Mart Stores Texas and FLECO Industries Inc. d/b/a Texas Fluorescents.

    The plaintiffs are accusing the defendants of willful infringement of U.S. Patent No. 5,955,841 issued Sept. 21, 1999, for an invention related to a ballast circuit for fluorescent lamps.

    The plaintiffs state defendants' dimmable compact fluorescent lamps are infringing on the '841 patent.

    The plaintiffs are asking the court to enjoin the defendants from further acts of infringement and for an award of lost profits, reasonable royalty, enhanced damages, attorneys' fees and expenses, interest and court costs.  

    The plaintiffs are represented by Derek Gilliland, Brad Seidel and John Hull of Nix Patterson Roach in Daingerfield and D. Neil Smith, Anthony K. Bruster, Edward Chin and Andrew Wright of Nix Patterson Roach in Irving.

    Jury trial is requested.

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

    Case No. 6:10cv00451

    Sept. 2

  • Innovative Sonic Limited v. Research in Motion Ltd. and Research in Motion Corp.

    Innovative Sonic Limited is a Mauritian corporation with its principal place of business in Taiwan.

    The plaintiff is accusing the defendants of infringing on U.S. Patent No. 6,925,183 issued Aug. 2, 2005, for Preventing Shortened Lifetimes of Security Keys in a Wireless Communications Security System; U.S. Patent No. RE 40,077 issued Feb. 19, 2008, for Window-Based Polling Scheme for a Wireless Communications Protocol; and U.S. Patent No. 7,436,795 issued Oct. 14, 2008, for Timer Based Stall Avoidance Mechanism for High Speed Wireless Communication System.

    The plaintiff argues the infringement is willful.

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

    Innovative Sonic Limited is represented by Otis Carroll and Deborah Race of Ireland, Carroll & Kelley in Tyler and Ronald S. Lemieux, Vidya R. Bhakar and Shanee Y.W. Nelson of Cooley in Palo Alto, Calif.

    Jury trial is requested.

    Case No. 6:10cv00455

    Lufkin Division

    Sept. 2

  • LunarEye Inc. v. Enfora Inc., et al.

    LunarEye is a Texas corporation with its principal place of business in Liberty County.

    The defendants are Enfora Inc., Globalstar Inc., Guardian Global Technologies Inc., GuidePoint Systems, Hughes Telematics Inc., Portman Security Systems (USA) Co. Ltd., Procon Inc., Spot, Xirgo Technologies and Zoombak.

    The plaintiff is accusing the defendants of infringing on U.S. Patent No. 6,484,035 issued Nov. 19, 2002, for Apparatus and Method for Triggerable Location Reporting.

    The plaintiff is asking the court for an award of damages, in no less than a reasonable royalty, for an award of interest, attorneys' fees and court costs.

    LunarEye is represented by Edward W. Goldstein and Christopher M. Faucett of Goldstein, Faucett & Prebeg in Houston and Edwin Armistead Easterby of Williams Kherkher Law Firm in Houston.  

    Jury trial is requested.

    U.S. District Judge Ron Clark is assigned to the case.

    Case No. 9:10cv00119

    FALSE PATENT MARKING CASES

    Marshall Division

    Aug. 31

    Plaintiff: Promote Innovation LLC
    Plaintiff's Attorney: Zachariah S. Harrington, Matthew J. Antonelli, Larry D. Thompson, Jr.; Antonelli, Harrington & Thompson LLP, Houston

  • Defendant: Winner International Co.
    Patents In Suit:
    U.S. Patent No. 4,161,331 expired on May 23, 1997.
    U.S. Patent No. 4,738,127 expired on Nov. 26, 2005.
    U.S. Patent No. 4,856,308 expired on April 19, 2005.
    U.S. Patent No. 4,935,047 expired on Dec. 20, 2008.
    U.S. Patent No. 5,222,381 for a holder for a security device.
    U.S. Patent No. 5,277,042 for a steering wheel anti-theft device that has a lock-pawl mechanism to make the lock more difficult to pick.
    U.S. Patent No. 5,278,537 for an electronic alarm for avoiding collision with animals in a non-destructive manner.
    U.S. Patent No. 5,361,612 for a hood lock with reel and cable.
    U.S. Patent No. 5,365,215 for a vehicle steering lock with an audible signal.
    U.S. Patent No. 5,369,970 for a compartment lock.
    U.S. Patent No. 5,412,963 for a remote control anti-theft device.
    U.S. Patent No. 5,600,979 for a vehicle anti-theft system involving an electrically operable security device.
    U.S. Patent No. 5,604,384 for an anti-theft device for a motor vehicle involving a personal identification unit.
    U.S. Patent No. 5,635,899 for a vehicle anti-theft device and system involving a vehicle control unit remotely controlled by a transmitter in a mechanical antitheft device.
    U.S. Patent No. 5,673,575 for a vehicle anti-theft device and system involving a supplemental lock means.
    U.S. Patent No. 5,836,186 for a steering wheel protection device comprising a cut resistant face plate.
    U.S. Patent No. 5,842,361 for a steering wheel protection device comprising a cut resistant face plate.
    Patent Expiration Date:
    U.S. Patent No. 5,865,044 expired on Dec. 20, 2008.
    U.S. Patent No. 6,223,568 expired on Dec. 20, 2008.
    U.S. Patent No. 6,223,569 expired on Dec. 20, 2008.
    U.S. Patent No. 6,230,527 expired on Dec. 20, 2008.
    U.S. Patent No. 6,240,753 expired on Dec. 20, 2008.
    Design Patent No. 289,491 expired on April 28, 2001.
    Design Patent No. 306,252 expired on Feb. 27, 2004.
    Design Patent No. 339,974 expired on Oct. 5, 2007.
    Design Patent No. 351,551 expired on Oct. 18, 2008.
    Defendant's Falsely Marked Product:  The Original Club products
    Case No. 2:10-cv-00331-TJW

  • Defendant: Sterling International Inc.
    Patents In Suit:  
    U.S. Patent No. 4,873,787 expired on Sept. 14, 2008.
    U.S. Patent No. 4,899,485 expired on Feb. 13, 2007.
    Defendant's Falsely Marked Product:  Big Bag Fly Trap products, its Disposable Fly Trap products, and its Disposable Yellowjacket Trap products
    Case No. 2:10-cv-00332-TJW

  • Defendant: Pennzoil Quaker State Company doing business as Sopus Products
    Patents In Suit:  U.S. Patent No. D352,904 expired on Nov. 29, 2008
    Defendant's Falsely Marked Product:  Pennzoil Marine Premium Plus 2-Cycle Synthetic Blend Outboard Engine Oil and Pennzoil SAE HD-40 Motor Oil products
    Case No. 2:10-cv-00334-DF

    Sept. 1

  • Defendant: Cycling Sports Group Inc. and Dorel Industries Inc.
    Patents In Suit:
    U.S. Patent No. 4,808,147 expired on June 3, 2007.
    U.S. Patent No. 5,020,819 expired on Oct. 2, 2009.
    Defendant's Falsely Marked Product:  Slice, Synapse, and Supersix Cannondale bicycles
    Case No. 2:10-cv-00339-TJW

    Sept. 2

  • Defendant: Stant USA Corp. Stant Manufacturing Inc.
    Patents In Suit:  
    U.S. Patent No. 4,177,931 expired on Oct. 4, 1998.
    U.S. Patent No. 4,280,346 expired on May 21, 1999.
    U.S. Patent No. 4,280,347 expired on Dec. 7, 1999.
    U.S. Patent No. 4,678,907 expired on July 7, 2004.
    Defendant's Falsely Marked Product:  model 11591 locking fuel cap products
    Case No. 2:10-cv-00342-TJW

  • Defendant: Speedplay Inc.
    Patents In Suit:  
    U.S. Patent No. 4,942,778 expired on July 10, 2009.
    Defendant's Falsely Marked Product:  Light Action pedal products
    Case No. 2:10-cv-00346-DF
    -Defendant: Radio Flyer Inc.
    Patents In Suit:  
    U.S. Patent No. 4,744,575 expired on June 30, 2006.
    Defendant's Falsely Marked Product:  Radio Flyer All Terrain Cargo Wagon (Model No. 29) and its Radio Flyer 34" Steel Wagon (Model No. 89)
    Case No. 2:10-cv-00348-TJW

    Aug. 31

    Plaintiff: Patent Group LLC
    Plaintiff's Attorney: Stafford Davis; Stafford Davis Firm, Tyler
    Judge: T. John Ward

  • Defendant: Dri Mark Products Inc.
    Patents In Suit:  U.S. Patent No. 5,063,163 issued Nov. 5, 1991 for Method of Detecting Counterfeit Paper Currency
    Patent Expiration Date:   '163 patent expired on March 20, 2010.
    Defendant's Falsely Marked Product: Counterfeit Money Detector Pen devices
    Case No. 2:10-cv-00335

  • Defendant: Global Instruments Ltd.
    Patents In Suit: U.S. Patent No. 4,802,057 issued Jan. 31, 1989 for Rodent Control Device
    Patent Expiration Date:  '057 patent expired on Jan. 11, 2008.
    Defendant's Falsely Marked Product: Riddex Pest Repelling Aid devices
    Case No. 2:10-cv-00336-TJW

  • Defendant: Accentra Inc.
    Patents In Suit:  U.S. Patent No. 3,377,917 issued April 16, 1968 for Magazine Slide Projector
    Patent Expiration Date:  '917 patent expired on April 16, 1985.
    Defendant's Falsely Marked Product: PaperPro Professional 65 stapler devices
    Case No. 2:10-cv-00337-TJW

  • Defendant: A.F. International Trade Co. Inc.
    Patents In Suit: U.S. Patent No. D276,088 issued Oct. 23, 1984 for Combined Dental Floss Holder and Toothpick
    Patent Expiration Date: the '088 patent expired on Oct. 23, 1998
    Defendant's Falsely Marked Product: Care T. Dental Floss Pick devices
    Case No. 2:10-cv-00338-TJW

    Sept. 2

    Plaintiff: Texas Data Co. LLC.
    Plaintiff's Attorney: Scott Stevens, Keyle Nelson; Stevens Love, Longview
    Judge: T. John Ward

  • Defendant: Kimberly-Clark Corp.
    Patents In Suit:
    U.S. Patent No. 4,938,753 issued July 3, 1990, for seam construction in a disposable training pant, incontinence garment, or diaper
    U.S. Patent No. 4,938,757 issued July 3, 1990, for Disposable Training Pant or Incontinence garment
    U.S. Patent No. 4,940,464 issued July 10, 1990, for disposable incontinence garment or training pant
    Patent Expiration Date:
    '753 Patent expired on June 27, 2009.
    '757 Patent expired on Dec.16, 1987.
    '464 Patent expired on July 11, 2009.
    Defendant's Falsely Marked Product: Huggies Little Swimmers, in sizes S/P, M, and L/G
    Case No. 2:10-cv-00340-TJW

  • Defendant: Walgreen Co.
    Patents In Suit:
    U.S. Patent No. 4,938,754 issued on July 3, 1990, for Disposable Diaper with Improved Body Comformity and Liquid Retention
    U.S. Patent No. 4,940,464 issued July 10, 1990, for disposable incontinence garment or training pant
    Patent Expiration Date:
    '754 Patent expired on May 10, 2009.
    '464 Patent expired on July 11, 2009.
    Defendant's Falsely Marked Product: Comfort-Stretch Diapers
    Case No. 2:10-cv-00341-TJW

  • Defendant: CVS Caremark Corp.
    Patents In Suit:
    U.S. Patent No. 4,938,753 issued July 3, 1990, for seam construction in a disposable training pant, incontinence garment, or diaper
    U.S. Patent No. 4,938,757 issued July 3, 1990, for Disposable Training Pant or Incontinence garment
    U.S. Patent No. 4,940,464 issued July 10, 1990, for disposable incontinence garment or training pant
    U.S. Patent No. 5,147,343 issued Sept. 15, 1992, for absorbent products containing hydrogels with ability to swell against pressure
    Patent Expiration Date:
    '753 Patent expired on June 27, 2009.
    '757 Patent expired on Dec.16, 1987.
    '464 Patent expired on July 11, 2009.
    '343 Patent expired on April 10, 2009.
    Defendant's Falsely Marked Product: CVS Pharmacy Training Pants, in sizes 2T-3T, 3T-4T and 4T- 5T
    Case No. 2:10-cv-00343-TJW

  • Defendant: Walmart Stores
    Patents In Suit:
    U.S. Patent No. 4,938,753 issued July 3, 1990, for seam construction in a disposable training pant, incontinence garment, or diaper
    U.S. Patent No. 4,938,757 issued July 3, 1990, for Disposable Training Pant or Incontinence garment
    U.S. Patent No. 4,940,464 issued July 10, 1990, for disposable incontinence garment or training pant
    U.S. Patent No. 5,147,343 issued Sept. 15, 1992, for absorbent products containing hydrogels with ability to swell against pressure
    Patent Expiration Date:
    '753 Patent expired on June 27, 2009.
    '757 Patent expired on Dec.16, 1987.
    '464 Patent expired on July 11, 2009.
    '343 Patent expired on April 10, 2009.
    Defendant's Falsely Marked Product: White Cloud Training Pants, in sizes 2T-3T, 3T-4T and 4T-5T
    Case No. 2:10-cv-00345-DF

    Sept. 6

    Plaintiff: Nouri E. Hakim
    Plaintiff's Attorney: Morris Cohen, Lee Goldberg, Ian Matyjewicz; Goldberg Cohen, New York. Joe D. Guerriero; Lov n'care, Monroe
    Judge: T. John Ward

  • Defendant: Walgreen Co.
    Patents In Suit:
    U.S. Patent No. 6,321,931 issued Nov. 21, 2001, for No-Spill Drinking Apparatus
    U.S. Patent No. 6,241,110 issued June 5, 2001, for Baby Products and Methods of Manufacture
    U.S. Patent No. 6,994,225 issued Feb. 7, 2006, for No-Spill Drinking Products
    U.S. Patent No. 7,204,386 issued April 17, 2007, for No-Spill Drinking Cup Apparatus
    U.S. Patent No. 7,243,814 issued July 17, 2007, for No-Spill Drinking Cup Apparatus
    U.S. Patent No. D617,465 issued June 8 for Drinking Cup
    U.S. Patent No. 7,789,263 to be issued Sept. 7 for No-Spill Drinking Cup Apparatus
    U.S. Patent No. 7,789,264 to be issued Sept. 7 for No-Spill Drinking Cup Apparatus
    Defendant's Falsely Marked Product: Wagi cups
    Case No. 2:10-cv-00350-TJW

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