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

Marshall Division, Eastern District of Texas


Oct. 3


- PartsRiver Inc. vs. Shopzilla Inc. et al

PartsRiver Inc. is a successor to Saqqara Inc., a company that was in the business of providing software products and services for managing product information. The company developed a method and process for searching product catalogues that provided an efficient and easy process for searching and identifying products. U.S. Patent No. 6,275,821 for a Method and System for Executing a Guided Parametric Search was acquired by PartsRiver on April 26, 2006.

PartsRiver alleges that defendants Shopzilla, Valueclick, Pricerunner, Yahoo!, PriceGrabber, Ebay and Microsoft infringe the '821 Patent through a variety of Web search and shopping systems. The infringing Web sites include Shopzilla.com, Bizrate.com, Pricerunner.com, Yahoo!Shopping, Yahoo!Autos and Yahoo!HotJobs.

The plaintiff's original complaint details several specific instances of alleged infringement. It says that Pricegrabber.com, on its Web site considers itself "the most trusted and effective online destination for savvy shopping" and that Microsoft's MSN Shopping site boasts "Comparison shopping made easy � Compare 36,751,349 products from over 8,000 stores, all in one place."

PartsRiver is asking that the court enjoin the defendants from the infringing activities. The plaintiff is also seeking reasonable royalties, treble damages, fees and costs.

Jack Baldwin of Baldwin & Baldwin in Marshall is representing the plaintiff.

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

Case No. 2:07-cv-00440-DF

- Boschert vs. Blue Ribbon Pet Products Inc.

Jeffery Boschert is a California resident who claims he is the owner of all rights to U.S. Patent No. 6,699,535 B2. The patent is for an invention called Reproductions of Aquarium Life Formed from Translucent Memory Retaining Polymers and Method for Reproducing the Same.

Boschert alleges that Blue Ribbon Pet Products makes, uses and sells products that fall within the '535 Patent without authority.

"Blue Ribbon's acts of direct and inducing infringement have been willful," the original complaint states. "As a direct and proximate result of Blue Ribbon's acts of patent infringement, Plaintiff has been and continues to be injured and has sustained and will continue to sustain substantial damages in an amount not presently known."

The plaintiff is seeking a permanent injunction, damages, interest and other relief as the court deems just and proper.

Vance Freeman of Shore West Freeman PC in Marshall is representing the plaintiff.

The case has been assigned to U.S. District Judge David Folsom and referred to Magistrate Charles Everingham.

Case No. 2:07-cv-00443-DF-CE

Oct. 4

- Data Match Enterprises of Texas LLC vs. eHarmony.com Inc. et al

Data Match Enterprises brings the patent infringement action to stop infringement of U.S. Patent No. 5,623,660 for a "System for Regulating Access to Data Base for Purposes of Data Base Management" issued April 22, 1997.

The original complaint names eHarmony.com, Friendfinder Network Inc., Date.com and Singlesnet Inc. as defendants that have infringed on the '660 Patent.

Data Match alleges that each of the defendants has infringed the '660 Patent through Internet dating Web sites and associated services that utilize the systems and methods disclosed in the patent.

"Each defendant's infringement of the '660 Patent has caused Data Match to suffer damages in an amount that is no less than reasonable royalty," the original complaint states.

The plaintiff is seeking damages for the wrongful acts in an amount subject to proof at trial. Data Match also seeks a permanent injunction against the defendants and any further relief that the court deems just and proper.

Brent Bumgardner of Monts & Ware LLP in Dallas is representing the plaintiff.

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

Case No. 2:07-cv-00444-TJW

Oct. 9

- IP Innovation LLC et al vs. Red Hat Inc. et al

Plaintiffs IP Innovation and Technology Licensing Corp. claim to have the rights to U.S. Patent No. 5,072,412 for a User Interface with Multiple Workspaces for Sharing Display System Objects issued Dec. 10, 1991 along with two other similar patents.

Defendants Red Hat Inc. and Novell have allegedly committed acts of infringement through products including the Red Hat Linux system, the Novell Suse Linex Enterprise Desktop and the Novell Suse Linex Enterprise Server.

"Red Hat's and Novell's infringement, contributory infringement and inducement to infringe has injured plaintiffs and plaintiffs are entitled to recover damages adequate to compensate them for such infringement but in no event less than a reasonable royalty," the original complaint states.

The plaintiffs also allege that defendants received notice of the patents, therefore the infringing activities have been deliberate and willful.

Plaintiffs are seeking an injunction from the court, increased damages and other relief that the court or a jury may deem just and proper.

T. John Ward Jr. of Ward & Smith Law Firm in Longview is representing the plaintiff.

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

Case No. 2:07-cv-00447-LED

- Allstar Tire & Wheel Inc. vs. Savini Styling Group Inc.

Savini imports and sells high-end automobile wheels under various brands, including Savini, Avarus and Zinik.

Allstar Tire & Wheel Inc. claims U.S. Patent No. D503,369 for a Decorative Vehicular Wheel Lip was legally issued to Joey K. Kato on March 29,2005, and assigned to ATW.

Allstar alleges that Savini infringes the '369 Patent by selling automobile wheels covered by the patent without permission or authority from ATW, including Avarus Models AV1, AV2 and AV3. Allstar believes that because Savini received notice of its infringement the wrongful acts are willful and deliberate.

ATW is asking for an award of damages in the amount of all of Savini's profits from sales and products infringing ATW's patent or an award sufficient to compensate ATW for the infringement. ATW is asking that the court treble the damages and is seeking interest, costs, fees and other relief the court deems just and proper.

James Stockard Jr. of Jafari Law Group Inc. in Santa Anna, Calif., is representing the plaintiff.

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

Case No. 2:07-cv-00448-TJW

- Bruce Saffran M.D., Ph.D. vs. Johnson & Johnson and Cordis Corp.

Dr. Bruce Saffran, a medical doctor and Ph.D. from Princeton, N.J., claims to be the lawful owner of the rights to U.S. Patent No. 5,653,760. The patent for a Method and Apparatus for Managing Macromolecular Distribution was issued Aug. 5, 1997.

Saffran alleges that Johnson & Johnson and Cordis are engaged in the manufacture and sales of drug eluting stents covered under the '760 Patent. The defendants' infringing products include Cypher Sirolimus-eluting Coronary Stent on Raptor Over-the-Wire Delivery System and other products.

"On information and belief, J&J and/or Cordis has willfully undertaken and carried out the aforesaid infringing activity with knowledge o f the '760 Patent and in total disregard of Dr. Saffran's lawful rights under the '760 Patent, " the plaintiff's original complaint states.

Saffran is seeking adequate damages to compensate for the infringement of the '760 Patent, increased threefold for willfulness, interest, fees and other relief that the court may deem just and proper.

Eric Albritton of the Albritton Law Firm in Longview is representing the plaintiff.

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

Case No. 2:07-cv-00452-TJW

Oct. 10

- Aerielle Technologies Inc. et al vs. Coby Electronics Corp.

The plaintiff, Aerielle, alleges that Coby has infringed on at least two of Aerielle's patents, including U.S. Patent No. 6,671,494 and 5,771,441 for Small Battery Operated RI Transmitter for Portable Audio Devices for Use with Headphones with RF Receiver. The patents were issued to John James and John Alstatt, respectively, and assigned to Aerielle.

Aerielle alleges that Coby has full knowledge of the patents and continues willful infringement. Plaintiff claims to have suffered substantial and irreparable injury and is seeking no less than reasonable royalty from defendant.

The plaintiff is also seeking an injunction, treble damages, interest, fees and costs.

David Dunham of Taylor, Dunham & Burgess LLP in Austin, along with Michael Smith of Roth Law Firm in Marshall are representing the plaintiff.

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

Case No. 2:07-cv-00452-TJW

Sherman Division, Eastern District of Texas

Oct. 8

- Christopher J. Calandro vs. Jarden Corp. et al

Plaintiff Christopher Calandro resides in Frisco, Texas, and claims to have legal rights to U.S. Patent No. 6,331,151 for an invention called Presentation Football Construction. The '151 Patent was issued Dec. 18, 2001.

The original complaint names Jarden Corp., formerly known as K2 Inc, The Walt Disney Co., The Gap Inc. and The Coca-Cola Co. as defendants. The complaint does not detail the infringing products.

"Defendants' infringement has caused plaintiff to suffer damages," the complaint states. "On information and belief, said infringement was willful, making this an exceptional case."

The plaintiff demands a trial by jury and is asking the court to enjoin the defendants from making or selling any product in violation of the '151 Patent. Calandro is also seeking treble damages, attorney fees, interest and other relief.

Daniel Thompson of Thompson & Gustavson LLP in Dallas is representing Calandro.

The case has been assigned to U.S. District Judge Richard Schell.

Case No. 4:07-cv-00467-RAS

Tyler Division, Eastern District of Texas

Oct. 4

- HTI IP LLC vs. GenX Mobile Inc.

HTI IP claims it holds the rights to U.S. Patent No. 6,636,790 for a Wireless Diagnostic System and Method for Monitoring Vehicles issued Oct. 21, 2003. The patent relates to a system for remotely characterizing a vehicle's performance.

HTI alleges that GenX Mobile infringes the '790 Patent by making and selling mobile data processing devices and systems including GenX Location Unit.

The plaintiff claims it has been irreparably harmed and will continue to be harmed by GenX's infringement unless enjoined by the court. HTI IP also claims that GenX's infringement has been willful and deliberate, making HTI entitled to enhanced damages including attorney fees and litigation costs.

HTI IP is seeking an award of damages in an amount to be determined at trial and that the court then treble the damages.

Ophelia Camina of Susman Godfrey LLP in Dallas is representing the plaintiff.

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

Case No. 6:07-cv-00466-LED

Oct. 5

- Digital Reg of Texas LLC vs. Hustler.com et al

Digital Reg, a Marshall-based limited liability company, is taking on Hustler, Playboy, Microsoft, Apple, Sony and Blockbuster in a patent infringement suit. Digital Reg claims it holds the rights to U.S. Patent No. 6,389,541 for Regulating Access to Digital Content issued May 14, 2002.

Digital Reg alleges that defendants infringe the '541 Patent by making, using and selling digital content incorporating Digital Rights Management technology on defendants' interactive Web sites. Examples include Microsoft providing such content on its Web site music.msn.com and providing further controlled access through Windows Media Player.

Other infringing content named in the original complaint include Apple's iTunes Music Store and iTunes Player, Playboy's playboyvod.com and spicevod.com, Sony's Connect Music Service, Blockbuster's movielink.com and Hustler's hustler.com.

"Each defendant's aforesaid activities have been without authority and/or license from Digital Reg," the complaint states. "Digital Reg is entitled to recover from the defendants the damages sustained by Digital Reg as a result of the defendants' wrongful acts in an amount subject to proof at trial."

The plaintiff alleges that each defendant's infringement is willful and deliberate, making Digital Reg entitled to increased damages including attorney fees and costs. Digital Reg is asking that the court treble any damages awarded.

"Defendants' infringement of Digital Reg's exclusive rights under the '541 Patent will continue to damage Digital Reg, causing irreparable harm for which there is no adequate remedy at law, unless enjoined by the court," the complaint states.

Thomas John Ward Jr. of Ward & Smith Law Firm in Longview is representing the plaintiff.

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

Case No. 6:07-cv-00467-LED

Oct. 9

- Halliburton Energy Services Inc. vs. M-I LLC.

Two Houston-based oil and gas companies are in litigation over drilling fluid technology.

Halliburton claims it owns the rights to U.S. Patent No. 7,278,485 for a Method of Formulating and Using a Drilling Mud with Fragile Gels. The patent was issued Oct. 9, 2007.

Halliburton says it has invested substantial amounts in related research and development in technology relating to drilling fluids used in the drilling of oil and gas wells, including products covered by one or more claims of the '485 Patent.

"M-I makes, uses, offers to sell, and/or sells within the United States certain drilling fluid systems, including the Rheliant system," the original complaint states. "These M-I drilling fluid systems and their use are covered by one or more claims of the '485 Patent."

Halliburton is asking that the court enjoin M-I from future infringement, award Halliburton just compensation, costs and attorney fees and all other relief deemed appropriate.

Monte M. Bond of Dallas and Michael E. Jones of Tyler represent Halliburton.

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

Case No. 6:07-cv-00469-LED