PATENT INFRINGEMENT CASES

Marshall Division

May 31

  • Lodsys v. Combay Inc. et al

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

    The defendants are Combay Inc., Iconfactory Inc., Illusion Labs AB, Michael G. Karr d/b/a Shovelmate, Quickoffice Inc., Richard Shinderman and Wulven Game Studios.

    The defendants are accused of infringing on U.S. Patent No. 7,620,565 issued Nov. 17, 2009, for Customer-Based Product Design Module and U.S. Patent No. 7,222,078 issued May 22, 2007, for Methods and Systems for Gathering Information from Unites of a Commodity Across a Network.

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

    The plaintiff is represented by William E. Davis III of the Davis Law Firm in Longview and Michael A. Goldfarb and Christopher M. Huck of Kelley, Donion, gill, Huck & Goldfarb in Seattle, Wash.

    A jury trial is requested.

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

    Case No. 2:11-cv-00272

    Sherman Division

    June 3

  • Beougher et al v. Willow Bend Modern Dentistry PC et al

    The plaintiffs are Ritchie D. Beougher and R.D. Beougher D.D.S., doing business as Willow Bend Dental.

    The defendants are Willow Bend Modern Dentistry P.C., John Barnes and Pacific Dental Services Inc.

    The defendants are accused of trademark infringement and dilution of Dr. Beougher's registered trademark "Willow Bend Dental."

    The defendants are also accused of unfair competition by the use of false and misleading representation and cybersquatting.

    The plaintiffs are asking the Court to issue an injunction preventing further infringement and for an award of damages, court costs, triple damages and attorney's fees.

    The plaintiff is represented by John M. Crone of Hitchcock Evert LLP in Dallas. A jury trial is requested.

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

    Case No. 4:11-cv-00323

    Texarkana Division

    June 2

  • DataTreasury Corp. v. U.S. Bancorp et al

    DataTreasury Corp. is a Delaware corporation that maintains its principal place of business in Plano.

    The defendants are U.S. Bancorp and U.S. Bank.

    The defendants are accused of infringing on U.S. Patent No. 5,910,988 issued June 8, 1999, and 6,032,137 issued Feb. 29, 2000, for an invention in a remote image capture with centralized processing and storage.

    DataTreasury Corp. is asking the court to issue a permanent injunction preventing the defendants from further infringement and for an award of damages, treble damages, costs, expenses, interest and attorney's fees.

    The plaintiff is represented by Nelson Roach and Derek Gilliland of Nix Patterson & Roach in Daingerfield; C. Cary Patterson, Brady Paddock and R. Benjamin King of Nix Patterson & Roach in Texarkana; and Anthony Bruster, Rod Cooper, Edward Chin, Nicole Reed Kliewer and Andrew Wright of Nix Patterson & Roach in Irving.

    Other counsel includes Joe Kendall and Karl Rupp of Kendall Law Group in Dallas, Eric M. Albritton of Albritton Law Firm in Longview, T. John Ward Jr. of Ward & Smith Law Firm in Longview and Seth Ostrow, Matthew L. Kaufman, Jeanpierre J. Guiliano and Elyssa S. Lane of Ostrow Kaufman in New York, N.Y.

    Jury trial is requested.

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

    Case No. 5:11-cv-00108

    Tyler Division

    May 31

  • Stragent and Seesaw Foundation v. Pioneer Electronics Inc. et al

    Stragent is a Texas limited liability company with its principal place of business in Longview. SeeSaw is a Texas non-profit corporation with its principal place of business in Longview.

    The defendants are Pioneer Electronics (USA) Inc., Pioneer North America Inc., Pioneer Corp., Volkswagen Group of America Inc., Volkswagen AG, Audi AG, BMW of North America, Bayerische Motoren Werke AG, Chrysler Group, Honda of America Mfg. Inc., American Honda Motor Co. Inc., Honda North America Inc., Honda Motor Co. Ltd., Mercedes-Benz USA, Daimler AG, Mitsubishi Motors North America Inc., Mitsubishi Motors Corp., Nissan North America, Inc., Nissan Motor Co. Ltd., Porsche Cars North America Inc., Dr. Ing, Porsche AG, Toyota Motor North America Inc., Toyota Motor Sales U.S.A., Inc., Toyota Motor Engineering & Manufacturing North America Inc. and Toyota Motor Corp.

    The defendants are accused of infringing on U.S. Patent No. 7,953,599 issued May 31, 2011, for System, Method and Computer Program Product for Adding Voice Activation and Voice Control to a Media Player.

    The plaintiffs are asking for an award of damages, costs, expenses, and interest.
    The plaintiffs are represented by Eric M. Albritton, Stephen E. Edwards, Debra Coleman and Matthew C. Harris of Albritton Law Firm in Longview and Danny L. Williams, J. Mike Amerson and Jaison C. John, Christopher N. Cravey, Matthew R. Rodgers, Michael A. Benefield andDavid Morehan of Williams, Morgan & Amerson in Houston.

    A jury trial is requested.

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

    Case No. 6:11-cv-00278

  • Purple Leaf v. American Express Co. et al

    Purple Leaf is a Texas limited liability company having a principal place of business in Plano.

    The defendants are American Express Co., Citigroup Inc., Fiserv Inc., JP Morgan Chase & Co., PNC Bank and SAP America Inc.

    The defendants are accused of infringing on U.S. Patent No. 7,603,311 B1 issued Oct. 13, 2009, for Process and Device for Conducting Electronic Transactions.

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

    The plaintiff is represented by Winston O. Huff and Arthur I. Navarro of Navarro Huff in Dallas. A jury trial is requested.

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

    Case No. 6:11-cv-00279

    June 2

  • Valmont Industries Inc. v. Lindsay Corp. et al.

    Valmont is a Delaware corporation with a principal place of business in Omaha, Neb.

    The defendants are Lindsay Corp., Farmscan AG Pty Ltd. and the Board of Regents of the University of Idaho.

    The defendants are accused of infringing on U.S. Patent No. 5,246,164 issued Sept. 21, 1993, for Method and Apparatus for Variable Application of Irrigation Water and Chemicals.

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

    Valmont Industries is represented by Neil J. McNabnay, P. Weston Musselman, Jr., David B. Conrad and Jane J. Du of Fish & Richardson in Dallas. A jury trial is requested.

    Court assignment is pending.

    Case No. 6:11-cv-00284

    FALSE PATENT MARKING CASES

    Sherman Division

    May 31

  • Plaintiff: IP Forensics
    Plaintiff's Attorney: Michael T. Konczal; Konczal Law Firm, Plano
    Judge: Michael H. Schneider

  • Defendant: Colt's Manufacturing Co.
    Patents In Suit: U.S. Patent No. 4,754,689 issued for Combination Plastic Spring Guide and Buffer for Automatic Pistol and U.S. Patent Number 4,555,861
    Patent Expiration Date: U.S. Patent Number 4,754,689 expired on March 30, 2007, and U.S. Patent Number 4,555,861 expired on Dec. 16, 2003.
    Defendant's Falsely Marked Product: Government, Defender, and New Agent model pistols
    Case No. 4:11-cv-00311

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