SE Texas Record

Thursday, December 12, 2019

Recent patent/copyright infringement cases filed in U.S. District Court,

By Marilyn Tennissen | Aug 15, 2007

Marshall Division, Eastern District of Texas

Aug. 9

- Aventis Pharmaceuticals Inc. vs. Mylan Pharmaceuticals Inc.
Aventis, a Delaware-based corporation, claims it owns the rights to U.S. Patent No. 7,135,571 issued Nov. 14, 2006. The patent is for "Processes for Preparing Anhydrous and Hydrate Forms of Antihistaminic Piperidine Derivatives, Polymorphs and Pseudomorphs Thereof."

According to the original complaint from Aventis, Mylan submitted an application to the Food and Drug Administration for the manufacture and sale of 180 fexofenadine hydrochloride tablets. The FDA approved the application and Mylan began the manufacture and sale of the tablets.

"On information and belief, Mylan's Fexofenadine Products contain Form II hydrated fexofenadine hydrochloride," the plaintiff's complaint states.

Aventis claims the Mylan product is in violation of the '571 Patent and is asking the court to enjoin the defendant.

The plaintiff is also seeking reasonable royalties, attorney fees, court costs and "damages resulting from such infringement, increased to treble amount."

Sam Baxter of McKool Smith PC in Marshall is representing Aventis.

The case has been assigned to U.S. District Judge David Folsom.

Case No. 2:07-cv-345-DF

Tyler Division, Eastern District of Texas

Aug. 9

- Lonestar Inventions LP vs. SanDisk Corporation

Inventor Osman Akcasu assigned the rights to U.S. Patent No. 5,208,725 for a "High Capacitance Structure in a Semiconductor Device" to Lonestar Inventions.

Lonestar alleges that SanDisk is infringing on the '725 Patent through its semiconductor devices including SanDisk flash memory controllers used in memory sticks and USB drives. The plaintiff states that it has suffered irreparable injury from the infringement.

"The adequate remedies available at law, such as monetary damages, are not fully adequate to compensate for that injury," the plaintiff's original complaint states.

The complaint goes on to say that "considering the balance of hardships between Lonestar and SanDisk, a remedy in equity is warranted" and that the "public interest would not be disserved by a permanent injunction."

Lonestar is seeking actual damages and treble damages for SanDisk's willful infringement.

Phillip T. Burns of Gibbs & Burns in Houston is representing the plaintiff.

The case has been assigned to U.S. District Judge Leonard E. Davis.

Case No. 6:07-cv-00374-LED

Aug. 14

LHTaylor Associates Inc. vs. The Clorox Company

LHTaylor is taking on cleaning giant The Clorox Company over the patent rights to a stain-fighting formula.

Taylor says it is the owner of U.S. Patent No. 7,109,157 B2, titled "Methods and Equipment for Removing Stains from Fabrics Using a Composition Comprising Hydroxide and Hypochlorite."

The defendant is infringing on the patent through products including Clorox UltimateCare Premium Bleach.

LHTaylor is asking the court to enjoin The Clorox Company from further infringement;award the plaintiff damages and treble the damages; award attorney fees, interest and court costs; and order the impounding and destruction of all defendants' products that infringe on the patent.

Anthony Simon of Simon Passanante PC in St. Louis, Mo., is representing the plaintiff.
The case has been assigned to U.S. District Judge Leonard E. Davis.

Case No. 6:07-cv-00383-LED.

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