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SOUTHEAST TEXAS RECORD

Thursday, March 28, 2024

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

PATENT INFRINGEMENT CASES

Beaumont Division

Jan. 28

  • Affinity Labs of Texas v. Volkswagen Group of America Inc. et al

    Affinity Labs of Texas is a Texas limited liability corporation with an office in Frisco.

    The defendants are Volkswagen Group of America Inc. and Volkswagen Group of America Chattanooga Operations.

    The defendants are accused of willfully infringing on U.S. Patent No. 7,324,833 issued Jan. 29, 2008, for System and Method for Connecting a Portable Audio Player to an Autmobile Sound System; U.S. Patent No. 7,634,228 issued Dec. 15, 2009, for Content Delivery System and Method and U.S. Patent 7,778,595 issued Aug. 17, 2010, for Method for Managing Media.

    The plaintiff is asking the Court to issue an injunction to prevent the defendants from further acts of infringement and for an award of damages, treble damages, court costs and attorney's fees.

    Affinity Labs is represented by Thomas W. Sankey of Duane Morris in Houston.

    A jury trial is requested.

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

    Case No. 1:11-cv-00036

    Marshall Division

    Jan. 24

  • Illumination Innovation v. Ace Hardware Corp.

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

    The defendants are Ace Hardware Corp., Amazon.com Inc., Analog Technologies Inc., 6766285 Canada Inc. doing business as Divvali Lighting, Dorcy International, LED Dynamics Inc., LEDtronics Inc., Lowe's Home Centers Inc., Nite Ize Inc., Sears Brands, Sears Holdings Corp., doing business as Sears, Sears, Roebuck and Company, Super Bright LEDS Inc. and TerraLUX.

    The defendants are accused of infringing on U.S. Patent No. 6,502,952 issued Jan. 7, 2003, for Light Emitting Diode Assembly for Flashlights.

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

    Illumination Innovation is represented by Carl R. Roth, Brendan C. Roth and Amanda A. Abraham of The Roth Law Firm in Marshall and Martin E. Rose, John P. Pinkerton and Ross Cunningham of Rose Walker in Dallas.

    A jury trial is requested.

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

    Case No. 2:11-cv-00027

    Jan. 25

  • C-Cation Technologies v. Comcast Corp. et al

    C-Cation Technologies is a Texas limited liability company organized with its principal place of business in New York.

    The defendants are Comcast Corp., Charter Communications Inc., Cequel Communications d/b/a Suddenlink Communications, Cable One Inc., Almega Cable Inc., Longview Cable Television Co. Inc. and Kilgore Video Inc.

    The defendants are accused of infringing on U.S. Patent No. 5,563,883 issued Oct. 8, 1996, for Dynamic Channel Management and Signalling [sic] Method and Apparatus.

    The plaintiff is asking the Court to issue a permanent injunction preventing further acts of infringement and for an award of damages, treble damages, court costs, interest and attorney's fees.

    C-Cation Technologies is represented by Lewis V. Popovski and Jeffrey S. Ginsberg of Kenyon & Kenyon in New York and Samuel Baxter of McKool Smith in Marshall.

    A jury trial is requested.

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

    Case No. 2:11-cv-00030

  • Gellyfish Technology of Texas v. Acer America Corp. and Acer Inc.

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

    The defendants are accused of infringing on U.S. Patent No. D470,150 issued Feb. 11, 2003, for Hand-Held Device Keypad; U.S. Patent No. D470,151 issued Feb. 11, 2003, for Hand-Held Device Keyboard; U.S. Design Patent No. D476,327 issued June 24, 2003, for Hand-Held Device; and U.S. Design Patent No. D481,717 issued June 24, 2003, for Hand-Held Device with Buttons.

    The plaintiff is asking the Court to issue an injunction to prevent further infringement and for an award of damages, treble damages, court costs and attorney's fees.

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

    A jury trial is requested.

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

    Case No. 2:11-cv-00038

    Jan. 26

  • Princeton Digital Image Corp. v. Ricoh Co. Ltd.

    Princeton is a corporation with its offices in Longview.

    The defendant is accused of infringing on U.S. Patent No. 4,813,056 issued March 14, 1989, for Modified Statistical Coding of Digital Signals.

    The infringing products include digital cameras and a copier, scanner and multifunction products.

    Princeton Digital Image is asking the Court for an award of damages, enhanced damages, court costs and interest.

    The plaintiff is represented by Timothy N. Trop of Houston.

    A jury trial is requested.

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

    Case No. 2:11-cv-00039

    Jan. 27

  • Microunity Systems Engineering Inc. v. Apple Inc. et al

    Microunity Systems Engineering is a California corporation with its principal place of business in Santa Clara, Calif.

    The defendants are Apple Inc., AT&T Inc., AT&T Mobility, Cellco Partnership, Exedea Inc., Google Inc., HTC Corp., HTC America Inc., LG Electronics Inc., LG Electronics Mobileconim U.S.A. Inc., Motorola Inc., Nokia Corp., Nokia Inc., Palm Inc., Qualcomm Inc., Samsung Electronics Co., LTD., Samsung Semiconductor Inc., Samsung Telecommunications America, Sprint Spectrum, and Texas Instruments Inc.

    The defendants are accused of infringing on U.S. Patent No. 6,643,765 issued Nov. 4, 2003, for Programmable Processor with Group Floating Point Operations.

    Microunity is asking the Court for an award of damages, enhanced damages, attorney's fees and court costs.

    The plaintiff is represented by Stephen D. Susman, Max L. Tribble Jr. and Joseph S. Fuinstein of Susan Godfrey in Houston; Sidney Calvin Capshaw of Capshaw Derieux in Longview; Otis W. Carroll of Ireland, Carroll & Kelley in Tyler; Michael F. Heim and Douglas R. Wilson of Heim, Payne & Chorush in Houston and Austin; and George M. Schwab of San Francisco, Calif.

    A jury trial is requested.

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

    Case No. 2:11-cv-052

    Jan. 28

  • Levine v. Casio America Inc. et al.

    Alfred Levine is the inventor of and owns the entire right, title, and interest in the patents at issue in this case.

    The defendants are defendants Casio America Inc., Dell Inc., Hewlett-Packard Co., Huawei Technologies Co. Ltd., Nokia Inc., Pantech Wireless Inc., Personal Communications Devices, Sony Ericsson Mobile Communications Inc. and ZTE Inc.

    The defendants are accused of infringing on U.S. Patent No. 6,243,030 issued June 5, 2001, and U.S. Patent No. 6,140,943 issued Oct. 31, 2000, for Electronic Wireless Navigation System.

    Levine is asking the Court to issue an injunction preventing further acts of infringement and for an award of damages, enhanced damages, interest, court costs and attorney's fees.

    The plaintiff is represented by John T. Polasek, C. Dale Quisenberry and Jeffery S. David of Polasek, Quisenberry & Errington in Bellaire and S. Calvin Capshaw and Elizabeth DeRieux of Capshaw DeRieux in Longview.

    Case No. 2:11-cv-00056

    Sherman Division

    Jan. 25

  • Gemini IP v. Computer Sciences Corp. et al.

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

    The defendants are Computer Sciences Corp., Fidelity Information Services Inc., Fiserv Inc., Ingersoll-Rand Co., Novell Inc., Symantec Corp., Xerox Corp., and Zappos.com Inc.

    The defendants are accused of infringing on U.S. Patent No. 6,177,932 issued Jan. 23, 2001, for Method and Apparatus for Network Based Customer Services.

    The plaintiff is asking the Court to issue a permanent injunction and an award of damages, costs, expenses, interest and attorney's fees.

    Gemini is represented by William E. Davis III of The Davis Firm in Longview and James C. Otteson, Theresa E. Norton and Xiang Long of Agility IP Law in East Palo Alto, Calif.

    A jury trial is requested.

    U.S. District Judge Richard S. Schell is assigned to the case.

    Case No. 4:11-cv-00036

    Tyler Division

    Jan. 27

  • TransData Inc. v. Tri-County Electric Cooperative Inc.

    TransData is a Texas corporation with its principal place of business in Carrollton.

    The defendants are accused of willfully infringing on U.S. Patent No. 6,181,294 issued Jan. 30, 2001, for Antenna for Electric Meter and Method of Manufacture Thereof; U.S. Patent No. 6,462,713 issued Oct. 8, 2002, for Antenna for Electric Meter and Method of Manufacture Thereof; and U.S. Patent No. 6,903,699 issued June 7, 2005, for Wireless Communication Device for Electric Meter and Method of Manufacture Thereof.

    TransData is asking the Court to issue a permanent injunction preventing further acts of infringement and for an award of damages, interest, enhanced damages, attorney's fees, costs and expenses.

    The plaintiff is represented by Eric Findlay, Brian Craft and Joey Seeber of Findlay Craft in Tyler.

    A jury trial is requested.

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

    Case No. 6:11-cv-00046

    FALSE PATENT MARKING CASES

    Beaumont Division

    Jan. 29

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

  • Defendant: American Recreation Products Inc.
    Patents In Suit: U.S. Patent No. 2,425,162
    Patent Expiration Date: Aug. 5, 1964.
    Defendant's Falsely Marked Product: Insta-bed airbed products
    Case No. 1:11-cv-00038

  • Defendant: The J.M. Smucker Co.
    Patents In Suit: U.S. Patent No. D358,992
    Patent Expiration Date: June 6, 2009
    Defendant's Falsely Marked Product: Hungry Jack Syrup products
    Case No. 1:11-cv-00039

    Texarkana Division

    Jan. 27

  • Plaintiff: Texas IP Research
    Plaintiff's Attorney: Hao Ni; Ni Law Firm, Dallas. Tyler Brochstein; Brochstein Law Firm, Dallas. Jack L. Siegel, Dallas.
    Judge: David Folsom

  • Defendant: BASF SE and BASF Corp.
    Patents In Suit: U.S. Patent No. 4,798,619 issued Jan.17, 1989. for 2-(2-Imidazolin-2-YL)-Pyridines and Quinolines and Use of Said Compounds as Herbicidal Agents
    Patent Expiration Date: Jan. 17, 2006.
    Defendant's Falsely Marked Product: Arsenal PowerLine herbicide, Chopper herbicide, Arsenal herbicide Applicators Concentrate, Sahara DG herbicide and Arsenal herbicide products
    Case No. 5:11-cv-00018

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