News from September 2014
Injunction entered against Texas pool company
AUSTIN (Legal Newsline) – Based on Texas Attorney General Greg Abbott’s suit alleging multiple violations of the Texas Deceptive Trade Practices Act, a Hidalgo County district court has frozen the assets of and entered a temporary injunction against RGV Flamingo Pools International LTD, Pool Sharks LLC and owner Dennis Gomez on Sept. 5.
Federal Circuit: BlackBerry did not infringe on company’s patents
WASHINGTON (Legal Newsline) – Last month, a federal appeals court ruled against a Delaware company that sued the once-popular smartphone maker BlackBerry for patent infringement.
PTO extends comment period on new trial proceedings under AIA
WASHINGTON (Legal Newsline) – The U.S. Patent and Trademark Office is extending the deadline for comments on new administrative trial proceedings under the America Invents Act.
Recent patent infringement cases filed in the Eastern District of Texas
MARSHALL DIVISION
What do the new iPhone, football uniforms and the U.S. Constitution have in common?
By Michael P. Maguire
Our View: Safety devices aren't meant to negate carelessness
Cars have come a long way in the last hundred years. If you're not old enough to remember, your grandparents can tell you about the old days when cars didn't have turning signals, automatic transmissions, power steering, electric windows, seat belts, airbags, anti-lock brakes, fuel injection, etc..
Jefferson County 136th District Court: Docket for November 2014
LULA MALKE ET AL V. NIR SHAMAI BINUR MD ET AL
Houston plastic bag makers in litigation over similar names, trademark violations
A Houston plastic bag company is suing a Chicago company for allegedly using a business name it says is too similar to its own trademarked brand.Better Bags Inc. filed a lawsuit Aug. 13 in the Houston Division of the Southern District Court of Texas against Better Bag Corp. According to the complaint, Better Bags has been making and selling plastic bags for use in grocery stores for more than 27 year
Jefferson County investor accuses business partners of fraud
A Jefferson County investor alleges his financial interest in dozens of companies has been fraudulently managed. Joe R. Chapman filed a lawsuit Aug. 18 in Jefferson County District Court against Qamar U. Arfeen, Arfeen Properties, Harbor Healthcare System and dozens of Harbor Hospice facilities in different cities in Texas. According to the complaint, Chapman was a partner or member in all of the hospital
Employee accuses Tyler blood center of racial discrimination
An employee alleges a Tyler blood donation center refused to promote her because of her race. Rosland Scott, also known as Rosland Scott Searcy, filed a pro se complaint against Carter BloodCare on Aug. 13 in the Tyler Division of the Eastern District of Texas. The complaint, written as a letter to the court, alleges Carter BloodCare violated the Civil Rights Act of 1964 by allegedly discriminating
Texas motorcycle club looking to end threat of trademark infringement
The head of a Texas motorcycle club says a Virginia company has no right to accuse him of trademark infringement. Darren Cole filed a lawsuit against Hard on the Throttle Motorcycle Club Inc. on Aug. 11 in the Houston Division of the Southern District of Texas. Cole says in 2003 he organized a group of leisurely motorcycle riders into the Hands on the Throttle Riderz, a club sometimes referred to
U.S. SC created confusion with June patent decision, former Federal Circuit judge says
WASHINGTON (Legal Newsline) – Paul Michel, the former chief judge of the U.S. Court of Appeals for the Federal Circuit, says the future of the nation’s economy is in jeopardy after the U.S. Supreme Court ruled in June that some software method and system patents are invalid.
Galveston mom files lawsuit over son's fishing hook injury
A Houston mother is suing a Galveston County man after her son allegedly was snared by a fishing hook on the man's boat. Catherine Gabel, individually and on behalf of her son, Haden, filed a lawsuit Aug. 12 in Galveston County District Court against John Owens. According to the lawsuit, Owens' boat, "Son of Sea", was tied to the boat the Gabels were on in Nassau Bay Cove in August 2012. Gabel says
UTMB sued for $1M after man injured in malfunctioning elevator
A Galveston County man is asking for more than $1 million after he was allegedly hurt in a University of Texas hospital elevator.
Santa Fe man accused of not paying cabinet installer
A cabinet installer alleges a Santa Fe man owes him more than $6,200 for unpaid renovation work. Ralph Chisholm, doing business as Ralph Chisholm & Son, filed a lawsuit against Jeremy B. McCollum on Aug. 12 in Galveston County District Court.
Denton County woman files discrimination claim against owner of storage facility
A Denton County woman alleges her former employer fired her because an on-the-job injury left her partially disabled. Cynthia Ormiston filed the discrimination complaint against Strategic Capital Holdings and TriNet HR Corp. on Aug. 11 in the Sherman Division of the Eastern District of Texas.
Seaman files negligence claim against two ship owners
A seaman is suing two companies he says are responsible for injuries he allegedly received when two vessels collided off the Texas coast. Robert Parker III filed a lawsuit Aug. 12 in Galveston County District Court against U.S. Environmental Services, of New Orleans, and OMI Environmental Solutions of Belle Chasse, La.
Woman accused of injuring 2 in crash is sued for more than $1M
Two men are asking for more than $1 million from a driver they allege crashed into them at a Galveston County intersection. Frederick Gray and Joshua Gwin filed a lawsuit against Jessica Alley on Aug. 12 in Galveston County District Court. The alleged crash happened Nov. 5, 2012, when Gray and Gwin were traveling through the intersection of state FM 1764 and state FM 646, according to the complain
Cattleman accuses business partners of fraud
A Galveston County man is suing former business partners he alleges failed to follow through with multiple agreements. Clint McGuire filed a lawsuit against Sean Porter, Thomas Porter, Deborah Porter and Porter Bucking Bulls on Aug. 12 in the Galveston Division of the Southern District of Texas. McGuire alleges he entered into business agreements with defendants to co-lease a pasture to run cattle,