Marshall Division, Eastern District of Texas

Feb. 14

  • Tom Tom Global Assets BV vs. Aisin AW Co. Ltd. et al

    Tom Tom, a private limited liability company with its principal place of business in Amsterdam, The Netherlands, is the world's largest provider of portable navigation devices.

    According to the complaint, Tom Tom owns the rights to four patents, including U.S. Patent No. 5,508,931, for navigation systems and displays.

    The plaintiff alleges that Aisin AW and AW Technologies infringe the Tom Tom Patents by production and sales of vehicle navigation systems.

    "Defendants' infringement has irreparably injured and will continue to irreparably injure Tom Tom, unless and until such infringement is enjoined by this court," the complaint states.

    Tom Tom believes it is entitled to recover damages adequate to compensate it for the infringement, no less than a reasonable royalty.

    The plaintiff is also seeking treble damage, interest, attorneys' fees, costs and other just and proper relief.

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

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

    Case No. 2:08-cv-063-TJW-CE

    Feb. 15

  • Novartis Vaccines and Diagnostics Inc. vs. Wyeth and Wyeth Pharmaceuticals Inc.

    Novartis claims it owns the rights to U.S. Patent Nos. 6,060,447 and 6,228,620 for Protein Complexes Having Factor VIII:C Activity and Production Thereof.

    Novartis alleges that Wyeth infringes on the patents by making and selling recombinant antihemophilic Factor VIII (known by the trade name ReFacto).

    The plaintiff alleges that Wyeth had knowledge of the '447 and '620 Patents, but have not ceased their infringing activities.

    Novartis is seeking treble damages, interest, attorneys' fees, costs and other relief deemed just and equitable.

    Sam Baxter of McKool Smith PC in Marshall is representing the plaintiff.

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

    Case No. 2:08-cv-067-TJW-CE

  • Novartis Vaccines and Diagnostics Inc. and Novo Nordisk A/S vs. Bayer Healthcare LLC et al

    Novartis claims it holds the rights to U.S. Patent No. 7,138,505 for Factor VIII:C Nucleic Acid Molecules issued Nov. 21, 2006.

    The plaintiff alleges that defendants Bayer and CSL Behring infringe the '505 Patent by making or using recombinant antihemophilic Factor VIII known under the trade names Kogenate and Helixate for use in patients with hemophilia.

    Novartis also alleges the defendants supply from the United States components of the patented invention in a manner that induces the combination of components outside the United States in a manner that would infringe the patent if the combination occurred within the United States.

    The plaintiff asserts that defendants have knowledge of the '505 Patent but have not ceased infringing activities.

    "As a result of defendants' acts of infringement, Plaintiffs have suffered and will continue to suffer damages in an amount to be proved at trial," the complaint states.

    Novartis is seeking treble damages, interest, attorneys' fees, costs and other just and equitable relief.

    Sam Baxter of McKool Smith PC in Marshall is representing the plaintiff.

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

    Case No. 2:08-cv-068-TJW

    Feb. 16

  • Motorola Inc. vs. Research In Motion

    Plaintiff Motorola claims the rights to seven patents, including 5,157,391, dealing generally with portable communication devices.

    Motorola alleges that RIM infringes the patents by making and selling certain wireless communication devices and related equipment including at least the BlackBerry and BlackBerry Exchange Server software.

    "Defendants, with actual knowledge of the patents, with knowledge of their infringement and without lawful justification have willfully infringed the patents, entitling plaintiff to damages and treble damages," the original complaint states.

    The plaintiff is also seeking interest, attorneys' fees, costs and other proper and just relief.

    Damon Young of Young, Pickett & Lee in Texarkana is representing the plaintiff.

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

    Case No. 2:08-cv-069-TJW

    Feb. 19

  • Personalized Media Communications LLC vs. Motorola Inc. et al

    Personalized Media Communications filed suit for patent infringement by defendants' unauthorized use of broadcast control system and signal processing apparatuses and methods. Defendants named are Motorola, Echostar and Dish Network.

    PMC claims it is lawful assignees of six patents, including U.S. Patent No. 4,694,490, for Signal Processing Apparatus and Methods, all of which were issued to inventors John C. Harvey and James W. Cuddihy.

    Infringing products named in the suit are Motorola's SmartStream interactive digital cable system, digital interactive set-tops and the OCAP Platform product line.

    In addition, Echostar and DISH manufacture and use a Direct Broadcast Satellite system. The DBS system generally receives program content at broadcast reception and satellite uplinking facilities such as the Digital Broadband Operation Centers and Regional Mini Broadcast Centers including one located in New Braunfels. The centers transmit program content via satellite to millions of remote satellite receivers located in subscribers' homes and businesses throughout the United States.

    PMC asserts that the defendants have received actual notice of their infringement of the patents, but "in spite of this actual notice, defendants have continued their direct or contributory infringement" in "willful and reckless disregard."

    "Defendants' continuing acts of infringement damages PMC's reputation and goodwill as leading providers of technology and know-how in the cable and satellite broadcast communication industry," the original complaint states. "Moreover, defendants' unauthorized, infringing use of PMC's patented apparatus and processes has threatened the value of this intellectual property."

    PMC is seeking injunctive relief, damages adequate to compensate for the infringement no less than reasonable royalty, treble damages, interest, costs, attorneys' fees and other just relief.

    Stephen Susman of Susman Godfrey LLP in Houston is representing the plaintiff.

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

    Case No. 2:08-cv-070-TJW

    Feb. 20

  • Enkay (India) Rubber Co. vs. Score American Soccer Co., Uniroyal Goodrich and Michelin N.A.

    Plaintiff Enkay is located in Delhi, India, and makes bladder shells for inflatable balls, including soccer balls.

    Enkay claims it holds the rights to U.S. Patent Nos. 6,544,608 B1 and 6,949,276 B2.

    The plaintiff alleges that SASC has sold and imported certain soccer balls, including the Jupiter soccer ball, that infringe claims of the patents. These infringing soccer balls were imported from a company called Sports Syndicate located in Punjab, India.

    Defendants Uniroyal and Michelin have also imported infringing soccer balls, imported from a company called Hans Raj Mahajan & Sons of Punjab, India.

    Enkay alleges that the infringement has been willful and deliberate and that infringement will continue unless defendants are enjoined by the court.

    The plaintiff is seeking to recover monetary damage in an amount not yet determined, treble damages, costs, interest and attorneys' fees. Enkay is also asking that all infringing articles and materials be seized and destroyed and that defendants submit a description of all actions taken to comply with any court order.

    Ryan T. Beard of Meyertons, Hood, Kivlin, Kowert & Goetzel PC in Austin is representing the plaintiff.

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

    Case No. 2:08-cv-071-TJW

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