Recent patent infringement/false marking suits filed in the Eastern District of Texas
PATENT INFRINGEMENT CASESExpress Card Systems v. Shutterfly, et al
Plaintiff Express Card Systems is a Texas limited liability company located in Frisco.
The defendants are Shutterfly Inc., CardsDirect, Wal-Mart Stores Inc., Walgreen Co. and CVS Caremark Corp.
The defendants are accused of infringing on U.S. Patent No. 5,751,590 for System for Printing Social Expression Cards.
The plaintiff is asking the Court to issue an injunction preventing the defendants from continued acts of infringement and for an award of damages, royalty for past-judgment infringement, treble damages, attorney's fees, interest and costs.
Express Card Systems is represented by Timothy E. Grochocinski and Anthony G. Simon of The Simon Law Firm in St. Louis, Mo. Jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
eInstruction Corp. v. Promethean Inc. and Promethean Ltd.
Plaintiff eInstruction is a Texas corporation with its principal place of business in Denton.
The defendants are accused of willfully infringing on U.S. Patent No. 6,930,673 issued on Aug. 16, 2005.
The plaintiffs state that the defendants' ActivSlate wireless tablets are infringing on their '673 patent.
eInstruction is seeking damages for damages, treble damages, interest, costs and attorney's fees.
The plaintiff is represented by Douglas M. Kubehl, Chad C. Walters and Roshan S. Mansinghani of Baker Botts in Dallas.
Jury trial is requested.
U.S. District Judge Ron Clark is assigned to the case.
FALSE PATENT MARKING CASES
Plaintiff: Main Hastings LLC
Plaintiff's Attorney: Scott Stevens, Gregory P. Love, Kyle Nelson; Stevens Love, Longview
Judge: T. John Ward
Defendant: Contract Geological Services Inc.
Patents In Suit: U.S. Patent No. 4,175,333 for Magnetic Compass was issued on Nov. 27, 1979.
Patent Expiration Date: '333 patent expired on May 16, 1998.
Defendant's Falsely Marked Product: compass line of products: Brunton Pocket Transit #1904 and #1908
Case No. 2:10-cv-00397
Defendant: Port-A-Cool LLC
Patents In Suit: U.S. Patent No. D362,905 for Evaporative Cooler Housing was issued on Oct. 3, 1995
Patent Expiration Date: '905 patent expired on Oct. 3, 2009.
Defendant's Falsely Marked Product: 48" Two Speed; 36" High Performance; 36" Three Speed; 36" Single Speed; 24" High Performance; Port-A-Cool JetStream 2400; Port-A-Cool JetStream 1600; Port-A-Cool Cyclone 3000; Port-A-Cool 16" Vertical Tank
Case No. 2:10-cv-00398
Defendant: The Brunton Co. Inc. Brunton Outdoor Inc. and Brunton Co. d/b/a Brunton Inc.
Patents In Suit: U.S. Patent No. 1,192,009 issued on July 25, 1916, and is related to a pneumatic music player, U.S. Patent No. 1,192,196 issued on July 25, 1916, and is related to a nesting system for chickens. U.S. Patent number 6,008,174 covers powder detergent composition having improved solubility.
U.S. Patent number 4,438,568 for Recreational Compass was issued on March 27, 1984.
Patent Expiration Date: '568 patent expired on March 27, 2001
Defendant's Falsely Marked Product: Brunton Epoch Full Size Binoculars, Brunton
Epoch Full Size Camo Binoculars, Brunton Epoch Compact Binoculars, Brunton Epoch Zoom Binoculars and Brunton 9020G compass
Case No. 2:10-cv-00399
Defendant: ConAgra Foods Inc.
Patents In Suit: U.S. Patent No. 4,571,337 for Container and Popcorn Ingredient for Microwave Use issued on Feb.18, 1986.
Patent Expiration Date: '337 patent expired on May 10, 2004.
Defendant's Falsely Marked Product: the Act II products
Case No. 2:10-cv-00402-DF
Defendant: The Boeing Co.
Patents In Suit: U.S. Patent No. 4,765,871 for Zinc-Nickel Electroplated Article and Method for Producing the Same issued on Aug. 23, 1988, and U.S. Patent No. 4,818,632 for Plated Structure Exhibiting Low Hydrogen Embrittlement issued on April 4, 1989.
Patent Expiration Date: The '871 Patent expired on Aug. 23, 2005, and the '632 Patent expired on April 4, 2006.
Defendant's Falsely Marked Product: Low Hydrogen Embrittlement (LHE) Zn-Ni Alloy Plating and Zn-Ni Alloy Plating BAC 5637
Case No. 2:10-cv-00404
Plaintiff: Promote Innovations LLC
Plaintiff's Attorney: Larry D. Thompson, Jr., Zachariah S. Harrington, Matthew J. Antonelli; Antonelli, Harrington & Thompson, Houston
Defendant: Bar's Products Inc.
Patents In Suit: U.S. Patent Nos. 2,580,719 and 2,935,189
Patent Expiration Date: Patent '719 expired on Jan.1, 1969, and patent '189 expired on May 3, 1977.
Defendant's Falsely Marked Product: pelletized stop leak products
Case No. 2:10-cv-00405
Plaintiff: NDW Patent Innovations LLC
Plaintiff's Attorney: Winston O. Huff, Arthur I. Navarro, Ruben C. DeLeon; Huff Legal Group, Dallas
Judge: Michael H. Schneider
Defendant: Procter & Gamble Co., Procter & Gamble Manufacturing Co. and Procter & Gamble Distributing Co. n/k/a Procter & Gamble Distributing
Patents In Suit:
U.S. Patent No. D358,868 issued Jan. 31, 1994, for Faucet Mounted Water Treatment Device;
U.S. Patent No. 5,063,667 issued Nov. 12, 1991, for Shaving System;
U.S. Patent No. 5,113,585 issued May 19, 1992, for Shaving System;
U.S. Patent No. DES 322,689 issued Dec. 24, 1991, for Razor Blade Cartridge
U.S Patent No. DES 345,441issued March 22, 1994, for Razor Handle;
U.S. Patent No. DES 345,232 issued March 15, 1994, for Razor;
Patent Expiration Date:
The '868 Patent expired on May 30, 2009.
The '667 Patent expired on Sept. 28, 2010.
The '585 Patent expired on Sept. 28, 2010.
The '689 Patent expired on Dec. 24, 2005.
The '441 Patent expired on March 22, 2008.
The '232 Patent expired on March 15, 2008.
Defendant's Falsely Marked Products: PUR Water Filtration System; Gillette Mach 3 Disposable Razors; Gillette Custom Plus Pivot Razors; Gillette Venus Embrace Razors.
Case No. 4:10-cv-00519-MHS
Defendant: Uniden Direct In USA Inc., Uniden Financial Inc., Uniden America Corp. and Uniden Service Inc.
Patents In Suit:
U.S. Patent No. 5,581,598 issued on Dec. 3, 1996, for Apparatus And Method For Setting An ID Number By Sound In A Cordless Telephone and U.S. Patent No. 5,606,598 issued on Feb. 25, 1997, for Telephone Answering Device With Direct Telephone Line Interface
Patent Expiration Date:
The '1598 Patent expired on Dec. 29, 2008.
The '6598 Patent expired on March 23, 2009.
Defendant's Falsely Marked Products: Uniden Digital 6.0 Cordless Phone.
Case No. 4:10-cv-00526
Defendant: Diversified Repackaging Corporation
Patents In Suit: U.S. Patent No. D353,092 issued on Dec. 6, 1994, for Blister Pack
Patent Expiration Date: The '092 Patent expired on Dec. 6, 2008.
Defendant's Falsely Marked Products: Kirkland Golf Gloves
Case No. 4:10-cv-00527
Plaintiff: JIA Jewelry Importers of America Inc.
Plaintiff's Attorney: Robert M. Mason and James D. Petruzzi; Mason & Petruzzi, Houston
Judge: Court assignment pending
Defendant: Pandora Jewelry
Patents In Suit: U.S. Patent No. 7,007,507
Patent Expiration Date: Patent is invalid or unenforceable.
Defendant's Falsely Marked Product: jewelry products
Case No. 6:10-cv-00517