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

Marshall Division, Eastern District of Texas
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Oct. 19

- Sky Technologies LLC vs. Procuri Inc.

Sky Technologies claims it owns the rights to three patents, including U.S. Patent No. 6,141,653, relating to business software that facilitates multivariate negotiations among two or more parties.

The plaintiff alleges that Procuri is in the business of making, selling and using systems and software that infringe on Sky's patents.

Sky is seeking reasonable royalty, a permanent injunction, enhanced damages and attorney fees.

T. John Ward Jr. of Longview and Stephen D. Susman of Houston are representing Sky.

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

Case No. 2:07-cv-00462-LED

- Honeywell International Inc. et al vs. Philips Lumileds Lighting Co. et al

Honeywell claims it has the rights to U.S. Patent No. 6,373,188 B1 issued April 16, 2002. The patent is for an Efficient Solid-State Light Emitting Device with Excited Phosphors for Producing a Visible Light Output. The patent was assigned to Honeywell by inventors Burgess R. Johnson and Wei Yang.

Honeywell alleges that Philips infringes the patent through the manufacture, sales and distribution of lighting products incorporating light emitting diodes. The products include automobiles, emergency lighting systems, general lighting systems, commercial lighting and flashlights.

Co-defendant Cree Inc. also infringes on the patent through products that include mobile phones, automobiles, digital still cameras, outdoor displays, general lighting, outdoor lighting, aircraft lighting, traffic signal lighting, crosswalk signs, televisions and monitors.

Honeywell is seeking a permanent injunction, damages adequate to compensate for the infringement in an amount to be proven at trial, treble damages, interest, fees, costs and other relief the court deems just.

Robert Parker of Parker, Bunt & Ainsworth PC in Tyler is representing the plaintiff.

The case has been assigned to U.S. District Judge T. John Warner and referred to Magistrate Charles Everingham.

Case No. 2:07-cv-00463-TJW-CE

Oct. 22

- Phoenix IP LLC vs. Schneider Electric Engineering Services LLC and Square D Co.

Phoenix IP, a Marshall-based company, claims it owns the rights to U.S. Patent No. 6,169,979 for Computer Assisted Sales System for Utilities. The '979 Patent was issued Jan. 2, 2001, to inventor Jerome D. Johnson and assigned to Phoenix.

Phoenix also claims to own the rights to U.S. Patent No. 6,577,962, issued June 10, 2003 to inventor Afshin Afshari. The '962 Patent is for a System and Method for Forecasting Energy Usage Load.

The plaintiff alleges that Schneider and Square D infringe on the patents through the Powerlogic ION EEM and other energy management products and services.

Phoenix is seeking damages, costs, expenses, interest and any and all other relief.

Danny Williams of Williams, Morgan & Amerson PC in Houston is lead attorney for the plaintiff, working with Eric Albritton of Longview.

This is the fourth patent infringement case filed by Phoenix in the Eastern District of Texas this year. It also reached settlements in 2007 in cases against Itron and Good Steward Software.

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

Case No. 2:07-cv-00464-TJW

Tyler Division, Eastern District of Texas

Oct. 18

- Saxon Innovations LLC vs. Nokia Corp. et al

Saxon Innovations is alleging that defendants Nokia, LG Electric, Samsung, Palm, Research In Motion, High Tech Computers, Sharp and Nintendo have infringed on four its patents through a variety of products.

The patents include U.S. Patent No. 5,592,555 for a Wireless Communication Privacy Method and System issued Jan. 7, 1997. Other patents cover processor bus use, clock generators and an apparatus that notifies a master processor of newly written data.

Saxon lists the following personal and business communications devices of defendants that infringe on the patents: cell phones, handheld computers, semi-conductors used in such devices, gaming devices and other wireless devices, infrastructures and enterprise communication systems.

Saxon is seeking permanent injunctions, damages, expenses, fees, costs and other relief that the court may deem just and proper.

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

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

Case No. 6:07-cv-00490-LED

Oct. 23

- Trent West vs. Target Corp. and Helzberg Diamonds

Trent West, a California resident, has designed and manufactured gold and platinum jewelry in his California studio since 1970. West was issued his first patent for a unique and durable tungsten carbide ring in 1999.

"By 2002, Mr. West was being recognized by the jewelry industry for having pioneered the development for a previously unrecognized market for tungsten carbide jewelry rings," the complaint states.

In question are four patents for rings that West alleges are being infringed by Target and Helzberg Diamonds.

West is seeking damages in an amount adequate to compensate for the defendants' infringement, treble damages, costs, fees, interest and other fees that the court may find equitable, just and proper.

Diane DeVasto of the Potter Mitton law firm in Tyler is representing the plaintiff.

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

Case No. 6:07-cv-00492