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SOUTHEAST TEXAS RECORD

Friday, March 29, 2024

Recent patent infringement cases filed in the Eastern District of Texas

Marshall Division

Feb. 8

  • TQP Development v. British Airways (Case No. 2:12-cv-00053-DF)
  • TQP Development v. Priceline.com Inc. (Case No. 2:12-cv-00054-DF)
  • TQP Development v. Branch Banking and Trust Co. (Case No. 2:12-cv-00055-DF)
  • TQP Development v. Esurance Insurance Services Inc. (Case No. 2:12-cv-00056-DF)
  • TQP Development v. Green Dot Corp. (Case No. 2:12-cv-00057-DF)
  • TQP Development v. KeyCorp. (Case No. 2:12-cv-00058-DF)
  • TQP Development v. McAfee Inc. (Case No. 2:12-cv-00059-DF)
  • TQP Development v. SVB Financial Group (Case No. 2:12-cv-00060-DF)
  • TQP Development v. Wells Fargo Co. (Case No. 2:12-cv-00061-DF)

    Feb. 9

  • TQP Development v. First National Bank of Omaha (Case No. 2:12-cv-00063-DF)
  • TQP Development v. Moneygram International Inc. (Case No. 2:12-cv-00064-DF)
  • TQP Development v. NetSpend Corp. (Case No. 2:12-cv-00065-DF)
  • TQP Development v. OptionsHouse (Case No. 2:12-cv-00066-DF)
  • TQP Development v. Pentagon Federal Credit Union (Case No. 2:12-cv-00069)
  • TQP Development v. TCF Financial Corp. (Case No. 2:12-cv-00070)
  • TQP Development v. York Securities Inc. (Case No. 2:12-cv-00071)
  • TQP Development v. Security Service Federal Credit Union (Case No. 2:12-cv-00072)

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

    The defendants are British Airways, Priceline.com Inc., Branch Banking and Trust Co., Esurance Insurance Services Inc., Green Dot Corp., KeyCorp., McAfee Inc., SVB Financial Group, Wells Fargo Co., First National Bank of Omaha, Moneygram International Inc., NetSpend Corp., OptionsHouse, Pentagon Federal Credit Union, TCF Financial Corp, York Securities Inc., and Security Service Federal Credit Union.

    TQP Development accuses the defendants of infringing on U.S. Patent No. 5,412,730 issued May 2, 1995, for Encrypted Data Transmission System Employing Means for Randomly Altering the Encryption Keys.

    The defendants are accused of willful infringement of the '730 patent.

    The plaintiff is asking the court to issue an injunction preventing the defendants from continued acts of infringement and for an award of damages, interest and costs.

    TQP Development is represented by Marc A. Fenster, Alex C. Giza, Adam S. Hoffman and Andrew Weiss of Russ, August & Kabat in Los Angeles, Calif.; Hao Ni of Ni Law Firm in Dallas; and Andrew Spangler of Spangler Law in Longview.

    Jury trials are requested.

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

    Feb. 10

  • Panagene Inc. v. Bio-Synthesis Inc.

    Panagene is a Korean corporation.

    The defendant is accused of infringing on U.S. Patent No. 6,395,474 issued May 28, 2002, for Peptide Nucleic Acids and U.S. Patent No. 7, 378,485 issued May 27, 2008, for Peptide Nucleic Acids with Polyamide-Containing Backbones.

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

    Panagene is represented by Edward W. Goldstein, Holly H. Barnes and Califf T. Cooper of Goldstein & Lipski in Houston.

    A jury trial is requested.

    U.S. District Judge Rodney Gilstrap is assigned to the case.

    Case No. 2:12-cv-00067

  • Personalized Media Communications v. Zynga Inc.

    Personalized Media is a limited liability company with its principal place of business in Sugar Land.

    The defendant is accused of infringing on U.S. Patent No. 7,797,717 issued Sept. 14, 2010; U.S. Patent No. 7,908,638 issued March 15, 2011; U.S. Patent No. 7,734,351; and U.S. Patent No. 7,860,131 issued Dec. 28, 2010, for Signal processing apparatus and methods.

    The allegedly infringing products include Zynga's social networking games such as Treasure Isle, CastleVille, Pioneer Trail (FrontierVille), Indiana Jones Adventure World, CityVille, Empires & Allies, FarmVille, Zynga Poker, Cafe World, FishVille, PetVille, Vampire Wars, YoVille, Hanging With Friends, Words with Friends, DreamZoo, CityVille Holidaytown/Hometown, Chess with Friends, Word Scramble, Drop 7 and other social-networking games.

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

    Personalized Media is represented by Brett C. Govett and Miriam L. Quinn of Fulbright & Jaworski in Dallas and Robert S. Harrell and Eric B. Hall of Fulbright & Jaworski in Houston.

    A jury trial is requested.

    Case No. 2:12-cv-00068

    Sherman Division

    Feb. 10

  • Frito-Lay North America Inc. v. Medallion Foods Inc. et al

    Frito-Lay is a Delaware corporation having a place of business in Plano, Texas.

    The defendants are Medallion Foods Inc. and Ralcorp Holdings Inc.

    The defendants are accused of trademark infringement, trade dress infringement, unfair competition and dilution under the United States Trademark (Lanham) Act, for patent infringement, trademark dilution under Texas Business and Commerce Code and for trademark infringement, unfair competition and unjust enrichment under Texas common law.

    Medallion Foods and Ralcorp Holdings are accused of infringing on Frito-Lay's trademarks, trade dress, and patents relating to its unique Tostitos Scoops! tortilla chips.

    The patents at issue are U.S. Patent No. 6,610,344 issued on Aug. 26, 2003; U.S. Patent No. 6,592,923 issued on July 15, 2003; U.S. Patent No. 6,638,553 issued on Oct. 28, 2003; and U.S. Design Patent No. 459,853 issued on July 2, 2002.

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

    Frito-Lay is represented by Timothy S. Durst, Susan Cannon Kennedy and Jonathan R. Mureen of Baker Botts in Dallas.

    A jury trial is requested.

    Case No. 4:12-cv-00074

    Tyler Division

    Feb. 6

  • Innovative Global Systems v. RM Acquisition d/b/a Rand McNally & Co.

    Innovative Global Systems is a limited liability company organized with its principal place of business in Rock Hill, S.C.

    The defendant is accused of infringing on:

  • U.S. Patent No. 6,608,554 issued Aug. 19, 2003, for Apparatus and Method for Data Communication Between Vehicle and Remote Data Communication Terminal;
  • U.S. Patent No. 6,411,203 issued June 25, 2002, for Apparatus and Method for Data Communication Between Heavy Duty Vehicle and Remote Data Communication Terminal;
  • U.S. Patent No. 6,744,352 issued June 1, 2004, for System, Apparatus and Methods for Data Communication Between Vehicle and Remote Data Communication Terminal, Between Portions of Vehicle and Other Portions of Vehicle, Between Two or More Vehicles, and Between Vehicle and Communications Network;
  • U.S. Patent No. 7,015,800 issued March 21, 2006, for System, Apparatus and Methods for Data Communication Between Vehicle and Remote Data Communication Terminal, Between Portions of Vehicle and Other Portions of Vehicle, Between Two or More Vehicles, and Between Vehicle and Communications Network; and
  • U.S. Patent No. 7,449,993 issued Nov. 11, 2008, for System, Apparatus and Methods for Data Communication Between Vehicle and Remote Data Communication Terminal, Between Portions of Vehicle and Other Portions of Vehicle, Between Two or More Vehicles, and Between Vehicle and Communications Network.

    Innovative Global Systems is asking the court to permanently enjoin the defendant from further infringement and for an award of damages, costs, interest and attorney's fees.

    The plaintiff is represented by Michael Cooke, Jonathan T. Suder, Todd I. Blumenfeld and Corby R. Vowell of Friedman, Suder & Cooke in Fort Worth; Keith A. Rutherford, R. Scott Reese and Sarah R. Cabello of Wong, Cabello, Lutsch, Rutherford & Brucculeri in Houston; Eric M. Albritton and Stephen E. Edwards of Eric M. Albritton PC in Longview; and T. John Ward Jr. and Jack Wesley Hill of Ward & Smith Law Firm in Longview.

    A jury trial is requested.

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

    Case No. 6:12-cv-00057

    Feb. 9

  • Landmark Technology v. Coldwater Creek Inc.

    Landmark Technology is a Delaware limited liability company with its principal place of business in Tyler.

    The defendant is accused of infringing on U.S. Patent No. 5,576,951 issued Nov. 19, 1996, for Automated Sales and Services System; U.S. Patent No. 6,289,319 issued Sept. 11, 2001, for Automated Business and Financial Transaction Processing System; and U.S. Patent No. 7,010,508 issued March 7, 2006, for Automated Multimedia Data Processing Network.

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

    Landmark Technology is represented by Charles Ainsworth and Robert Christopher Bunt of Parker, Bunt & Ainsworth in Tyler and Stanley M. Gibson and Gregory S. Cordey of Jeffer Mangels Butler & Mitchell LLP in Los Angeles, Calif.

    A jury trial is requested.

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

    Case No. 6:12-cv-00064

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