Marshall Division, Eastern District of Texas


Sept. 21

- ROY-G-BIV Corp. vs. Fanuc Ltd. et al

ROY-G-BIV is a Washington-based software company dedicated to integrating motion-controlled machines and software. RGB claims it holds the rights to four patents motion control systems, including U.S. Patent No. 5,691,897 issued Nov. 25, 1997.

Japanese company Fanuc Ltd. and its American-based subsidiaries and holding companies that distribute factory automation equipment including computer numeric controls and computer program logic modules.

RGB claims that Fanuc infringes on its patents through its Proficy, Cimplicity and Focas software along with equipment such as controllers and robots that are used with the software without the authorization of RGB.

The plaintiff alleges that it has been and will continue to be damaged by Fanuc's infringement.

"Defendants' continued acts of infringement are irreparably harming and causing damage to ROY-G-BIV," the original complaint states. "ROY-G-BIV has no adequate remedy at law to redress defendants' acts of infringement. The hardships that would be imposed by an injunction are less than those faced by ROY-G-BIV should an injunction not be issued. The public interest would be served by issuance of an injunction."

RGB is seeking damages, treble damages, fees, costs, expenses and other relief that the court may deem just and proper.

Lance Lubel of Heard, Robins, Cloud & Lubel LLP in Houston is lead counsel for the plaintiff. Kip Glasscock of Beaumont is also counsel for the plaintiff.

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

Case No. 2:07-cv-00418-TJW

- Alexsam Inc. vs. IDT Corp.

Alexsam Inc. claims it holds the rights to U.S. Patent Nos. 6,000,608 and 6,189,787 for Multifunction Card Systems. The patents were assigned to Alexsam by inventor Robert E. Dorf.

Alexsam alleges that IDT Corp. had notice and actual knowledge of the patents and yet is willfully infringing on them.

"IDT's acts of infringement have caused damage to Alexsam, and Alexsam is entitled to recover from IDT damage sustained as a result of IDT's wrongful acts in an amount subject to proof at trial," the original complaint states.

Alexsam claims it will continue to be irreparably harmed unless IDT is enjoined by the court.

The plaintiff is asking that IDT account for and pay to Alexsam all damages caused by the infringement of the patents. Because it believes that the IDT's infringement was willful, Alexsam is asking that the court increase the amount of damages to three times the amount found.

The plaintiff is also seeking interest, fees, costs and other relief as the court may deem just and proper.

Elizabeth L. DeRieux of Brown McCarroll LLP of Longview is representing the plaintiff.

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

Case No. 2:07-cv-00420-TJW

Sept. 25

- Draka-Comteq Americas Inc. vs. Furukawa Electric North America Inc. et al

Draka-Comteq Americas, a Massachusetts-based company, says it is a well-known designer, manufacturer and supplier of optical fibers and fiber optic cables.

DCA claims it holds the rights to eight patents, including U.S. Patent No. 5,911,023 issued June 8, 1999, dealing with optical fibers and cables. DCA claims Furukawa has infringed on the patents through products including fiber optic cables and optical fibers.

"DCA has been and will continue to be irreparably harmed by the infringing activities unless the defendant is enjoined by the court," the petition states.

DCA also believes it has no other remedy at law.

It is seeking no less than reasonable royalties with interest, treble damages, fees, costs, expenses and other relief that the court may deem just and proper.

Lead counsel for the plaintiff is Ralph A. Mittleberger of Washington, D.C., with Otis Carroll of Tyler of counsel.

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

Case No. 2:07-cv-00427-TJW-CE

Tyler Division, Eastern District of Texas

Sept. 25

- Orion IP, LLC vs. Mercedes-Benz USA, LLC

Orion IP is a limited liability corporation based in Marshall, Texas. Orion claims it holds the rights to U.S. Patent No. 5,615,342 for Electronic Proposal Preparation System issued March 25, 1997. It also claims to be the owner of U.S. Patent No. 5,367,627 issued Nov. 22, 1994 for Computer-Assisted Parts Sales Method.

Jerome D. Johnson is listed as the inventor of the '342 and '627 Patents.

The original complaint states that Mercedes-Benz USA previously licensed '342 and '627 but is no longer a licensee. However since losing its status as licensee, the defendant continues to infringe on the patents on various Websites, including www.mbusa.com. The defendant uses supply chain methods, sales systems, marketing methods, marketing systems and inventory systems covered by the '342 Patent.

"As a result of this defendant's infringement of the patents, Orion has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless enjoined by this court," the complaint states.

Orion is seeking a permanent injunction enjoining Mercedes, an order requiring Mercedes to pay Orion its damages, costs, expenses, interest, fees and all other relief to which Orion may show itself to be entitled.

Danny Williams of Williams, Morgan & Amerson PC of Houston is representing Orion IP.

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

Case No. 6:07-cv-00451-LED

Lufkin Division, Eastern District of Texas

Sept. 24

- Cummins-Allison Corp. vs. Shinwoo Information & Telecommunications Co. Ltd. and Amro-Asian Trade Inc.

Cummins-Allison owns a number of patents relating to currency authentication, including U.S. Patent No. 5,909,503 for a Method and Apparatus for Currency Discriminator and Authenticator issued June 1, 1999.

"Shinwoo and Amro manufacture and sell U.S. currency authenticating devices designated SB-1000," the original complaint states. "Through their actions including selling, using and importing the SB-1000, Shinwoo and Amro have infringed claims of the '503 Patent."

Cummins alleges it has been irreparably harmed by the defendants' infringement and has no adequate remedy at law.

Cummins is asking the court to enjoin Shinwoo and Amro from their infringing activities, award damages sufficient to compensate and increase the damages three times, fees, costs, expenses and other relief that the court may deem just.

Clyde Siebman of Siebman Reynolds Burg & Phillips LLP in Sherman is representing the plaintiff.

The case has been assigned to U.S. District Judge Ron Clark.

Case No. 9:07-cv-00228-RHC

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