Recent copyright/patent infringement suits filed in U.S. District Courts

Marshall Division, Eastern District of Texas

Sept. 13

- Paid Search Engine Tools LLC vs. Yahoo! Inc.

Paid Search Engine claims it holds the rights to U.S. Patent No. 7,043,450 issued May 9, 2006, for Paid Search Engine Bid Management.

The plaintiff claims that Yahoo! is infringing on the patent.

"As a result of Yahoo's actions, PSET has suffered and continues to suffer substantial injuries, including irreparable injury � including loss of sales and profit which PSET would have made but for the acts of infringement by Yahoo, unless Yahoo is permanently enjoined by the court, " the original complaint states.

PSET believes that the infringement by Yahoo is "being carried out with willful and full knowledge (by Yahoo) of the '450 Patent."

The plaintiff is asking that Yahoo pay over all damages due to acts of infringement and "that all damages be trebled."

Treble damages, or the damages awarded times three, can be awarded as a means to punish the defendant.

PSET is also asking that Yahoo file with the court, within 30 days of final judgment, a written statement under oath detailing the manner in which it has complied with the judgment.

Melissa Richards of Smith,Gillam & Smith LLP in Marshall is representing the plaintiff.

The case has been assigned to U.S. District Judge T. John Ward.

Case No. 2:07-cv-004030-TJW

Sept. 14

- Lear Corp. vs. TS Tech USA Corp. et al

Lear claims it holds the rights to U.S. Patent No. 5,378,043 for a Vehicle Pivotal Headrest, issued Jan. 3, 1995. It alleges that TS Tech USA, TS Tech North America and TS Tech Canada Inc. are infringing on the patent.

"Defendants have been making infringing pivotal headrest assemblies since late 2005 and selling them to Honda Motor Co.," the plaintiff's complaint states.

The suit names the 2006 Honda Civic and the 2007 Acura RDX among vehicles that contain the pivotal headrest under the '043 patent.

"Lear has been harmed, pecuniarily and irreparably, by infringing acts of defendants, and such harm will continue unless defendants are enjoined by this court," the complaint says.

Lear is seeking damages, treble damages, fees, costs and "other relief as may be just and equitable on the proofs."

Jennifer Parker Ainsworth of Wilson, Robertson & Cornelius PC in Tyler is representing the plaintiff.

The case has been assigned to U.S. District Judge T. John Ward.

Case No. 2:07-cv-00406-TJW

- Bryan Netsch et al vs. Elmers Products Inc. et al

Bryan Netsch, as plaintiff, and The Standard Register Co., as involuntary plaintiff, allege that Elmers Products Inc. and subsidiary companies are infringing on a patent for multicolor printing systems.

Netsch claims that he and Standard Register are co-owners of U.S. Patent No. 5,814,579 issued Sept. 29, 1998.

The original complaint states that on Sept. 23, 2003, Giddy Up LLC, a business now known as Kaboose LLC, entered into a license agreement to manufacture, use and sell products which use technology disclosed in the '579 Patent. The license agreement with Giddy Up and Lear was terminated March 31, 2006.

Then as of Oct. 31, 2006, Giddy Up, now known as Kaboose, as well as Color Loco became wholly owned by Elmers Products.

"Elmers has no license or authorization to use or sell products embodying the subject matter of '579," the complaint states.

Lear claims that Elmers has been infringing on the patent since at least April 1, 2006, with "willful disregard of plaintiff's rights."

In addition, Lear says that Elmers has notice of the '579 Patent because of the prior license agreement between Lear and Giddy Up.

The plaintiff is asking for a complete accounting of damages, treble damages, interest, fees and other relief that the court may deem reasonable and just.

Austin England PC of Irving is representing the plaintiff.

The case has been assigned to U.S. District Judge T. John Ward.

Case No. 2:07-cv-00408-TJW

Sept. 17

- Texas A&M University System vs. The General Electric Co.

Texas A&M claims it holds the rights to U.S. Patent Nos. 6,300,417 and 6,423,779 for a Method for Improving the Impact Resistance and Scratch Resistance of Polymeric Systems.

The University says that in March 2000, General Electric entered into a non-disclosure agreement for the purpose of evaluating its interest in the invention. The agreement did not transfer any rights or license to the confidential information. GE personnel also visited with the inventor of the polymer, a professor at the A&M University Department of Mechanical Engineering.

A&M learned that GE developed Noryl PPX class of resins with scratch resistant properties. A&M notified GE that the Noryl was an infringement of the patents. A&M claims GE continues to infringe on its patents.

Texas A&M University System is seeking a permanent injunction enjoining the defendant, an award of damages, enhanced damages, fees, costs, interests and other relief as the court may deem just and proper.

David Burgert of Porter & Hedges LLP in Houston is representing the plaintiff.

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

Case No. 2:07-cv-00412-DF

- Silicon Laboratories Inc. vs. Analog Devices Inc.

Silicon, an Austin-based company, says it is an industry leader in the innovation of high-performance, mixed-signal integrated circuits. It says its products are easy to use and provide advantages in performance, size, cost and power consumption and holds almost 900 patents.

In question is U.S. Patent No. 7,171,542 for integrated circuit chip products, which Analog infringes on.

The complaint names Analog's Cellular Terminal Chip Set and Baseband Processor products used in wireless cellular telephone handsets.

Products include the Analog line of Blackfin processors and SoftFone Cellular Terminal Chips.

Silicon is asking Analog of a complete accounting and payment of actual damages, but no less than reasonable royalty. It is also asking the court to enjoin the defendant, award interest, costs and other relief the court deems just and proper.

Adam V. Floyd of Vinson & Elkins LLP in Austin, along with attorneys from Ramey & Flock PC in Tyler are representing Silicon.

The case was assigned to U.S. District Judge T. John Ward but has been referred to Magistrate Charles Everingham.

Case No. 2:07-cv-00413-TJW-CE

Sept. 18

- Bio-Rad Laboratories Inc. vs. Eppendorf AG

Bio-Rad claims it holds the rights to U.S. Patent No. 6,340,589 for Thin-Well Microplate and Methods for Making Same issued Jan. 22, 2002.
The rights were assigned to Bio-Rad from MJ Research.

The plaintiff alleges that Eppendorf infringes on the patent through its twin.tec products.

Because the plaintiff claims the infringement is willful and deliberate, Bio-Rad is seeking treble damages, fees and costs along with an injunction against Eppendorf.

Eric Albritton of Longview is representing the plaintiff.

The case was assigned to U.S. District Judge T. John Ward but has been referred to Magistrate Charles Everingham.

Case No. 2:07-cv-00415-TJW-CE

Sept. 19

- Spa Syspatronic AG vs. Verifone Inc. et al

Spa Syspatronic claims it holds the rights to U.S. Patent No. 5,093,862 for Data Carrier-Controlled Terminal in a Data Exchange System issued July 18, 1989.

Defendants Verifone Inc. and Ingenics Corp. are infringing on the '862 Patent through products including the OMNI XXX and SC XXX, Optimum L4XXX, eN Touch 1000 and i6XXX.

The plaintiff claims it has suffered and will continue to suffer irreparable harm unless the defendants are enjoined by the court.

Spa Syspatronic is seeking compensatory damages, increased damages, interest, fees, costs and other relief as the court deems just and proper.

Otis Carroll of Ireland, Carroll & Kelley PC in Tyler and Michael Hartmann of Leydig, Voit & Mayer Ltd. in Chicago are representing the plaintiff.

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

Case No. 2:07-cv-00416-LED

- Leatherman Tool Group Inc. vs. Fiskars Brand Inc.

Leatherman claims it holds the rights to U.S. Patent No. 6,408,522 for a Multipurpose Tool Including Handles Having Separate Sides. The patent was issued June 25, 2002, to inventor Benjamin Rivera and assigned to Leatherman.

Leatherman alleges that Fiskars Brand infringes on the '522 Patent through products including the Gerber Shortcut and the Gerber Clutch.

The plaintiff is seeking reasonable royalties, fees and relief that the court may deem just and proper.

Otis Carroll of Ireland, Carroll & Kelley PC in Tyler is representing the plaintiff.

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

Case No. 2:07-cv-00417-DF

Tyler Division, Eastern District of Texas

Sept. 14

- Priority Access Solutions Corp. vs. IBM

Priority Access says it holds the rights to U.S. Patents No. 5,717,604 for a Network Monitoring System for Tracking, Billing and Recovery Licenses.

Priority alleges that IBM infringes on the '604 Patent through its IBM Rational Clearcase products.

The plaintiff is seeking an injunction against the defendant, damages, treble damages, fees, interest and costs. Priority Access is also asking that the infringing products be impounded and destroyed.

Anthony Simon of St. Louis, Mo., and Johnny Ward Jr. of Longview are representing the plaintiff.

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

Case No. 6:07-cv-0047-LED