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

By Marilyn Tennissen | Mar 12, 2008

Marshall Division, Eastern District of Texas

March 6

  • GraphOn Corp. vs. Classified Ventures LLC et al

    The patent infringement suit involves four patents, including U.S. Patent No. 6,324,538, that generally cover an automated on-line information service and directory and a method for providing a dynamically-updating pay-for-service Web site.

    Plaintiff GraphOn claims the patents were legally issued to inventors Ralph E. Wesinger Jr and Christopher D. Coley and assigned to GraphOn.

    GraphOn alleges that defendants infringed on the patents.
    The complaint lists the following defendants' products and services as infringing the patents:

  • Classified Ventures LLC,, a vehicle listing service
  • InterActive Corp. and,, a personal listing service
  • Yahoo!,, a personal listing service which allows its customers to meet and interact with individuals that they may desire to date
  • eHarmony,, a personal listing service which allows its customers to meet and interact with individuals that they may desire to date
  • CareerBuilder,, an online listing service that allows applicant and employer users to find jobs or employees

    GraphOn is seeking a permanent injunction against defendants, damages to be paid by defendants adequate to compensate GraphOn for the infringement, interest, costs, increased damages for willful and deliberate infringement, attorney fees and other just and proper relief.

    Robert Christopher Bunt of Parker, Bunt & Ainsworth PC in Tyler is representing the plaintiff. Attorneys from Watson Rounds in Reno, Nev., are of counsel.

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

    Case No. 2:08-cv-0987

  • CardSoft Inc et al vs. Verifone Holdings Inc. et al

    Plaintiffs CardSoft Inc. and Cardsoft (Assignment for the Benefit of Creditors) LLC claim to own the rights to U.S. Patent No. 6,934,945 and 7,302,683 for a Method and Apparatus for Controlling Communications.

    The patents were issued Aug. 23, 2005, and Nov. 27, 2007, respectively, to Ian Charles Ogilvy and assigned to CardSoft.

    Defendants Verifone, Hypercom, Ingencio, Way Systems, Shera International and Blue Bamboo, have infringed the '945 and '683 Patents through their ePOS terminals, the plaintiff claims.

    CardSoft claims the acts of infringement have caused CardSoft irreparable harm for which there is no adequate remedy at law unless the defendants are enjoined by the court.

    CardSoft also alleges that defendants' infringement was willful and deliberate, entitling CardSoft to increased damages.

    The plaintiff says the amount of damages sustained by CardSoft as a result of the infringement are subject to proof at trial.

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

    Thomas Sankey of Duane Morris 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-098

  • Aloft Media LLC vs. Nokia Inc. et al

    Longview-based Aloft Media has filed a patent infringement suit against Nokia Inc., Nokia Corp., Motorola Inc., Palm Inc., Research In Motion and Sony Ericsson Mobile Communication.

    According to the complaint, Aloft Media is the owner by assignment of U.S. Patent No. 7,330,715 for a System, Method and Computer Program Product for Transferring Contact Information Using a Cellular Phone. The patent was issued Feb. 12, 2008.

    The plaintiff alleges that defendants infringe the '715 Patent through making and selling phones that have hardware or software for transferring contact information.
    Some of the allegedly infringing products named in the suit are the Nokia Model N95, Motorola MotoQ, Palm Treo 770p, RIM's Blackberry and Blackberry Curve and Sony Ericsson's Smartphone.

    "As a result of the defendants' infringement of the '715 Patent, Aloft Media has suffered monetary damages adequate to compensate it for the infringement, but in no event less than a reasonable royalty and will continue to suffer such monetary damages in the future unless defendants' infringing activities are permanently enjoined by this court," the plaintiff's complaint states.

    Aloft Media is also seeking costs, expenses, interest, attorneys' fees and other relief to which it may be entitled.

    Eric Albritton of Longview is representing the plaintiff.

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

    Case No. 2:08-cv-099-DF

    March 12

  • ZapMedia Services Inc. vs. Apple Inc.

    ZapMedia claims it holds the legal rights to U.S. Patent No. 7,020,704 and 7,343,414 B2, for a System and Method for Distributing Media Assets to User Devices via a Portal Synchronized by Said User Devices.

    Generally, the system includes a portal which executes a media library database server application that can be accessed by users via one or more communication networks.

    "Upon information and belief, Apple has in the past and continues to infringe each claim of the '704 and '414 Patents �" the original complaint states.

    ZapMedia claims it is entitled to recover money damages from Apple to compensate for the infringement, in an amount no less than a reasonable royalty.

    The plaintiff is also seeking injunctive relief, interest, attorneys' fees and treble damages.

    Nicholas Patton of Patton, Tidwell & Schroeder LLP of Texarkana is representing the plaintiff.

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

    Case No. 2:08-cv-104

    Tyler Division, Eastern District of Texas

    March 6

  • Marshall Patent Holdings LLC vs. IPsmark Technology Inc. et al

    Plaintiff Marshall Patent Holdings is a Texas limited liability company based in Marshall.

    Marshall Patent claims it holds the rights to U.S. Patent Nos. 5,790,636 and 6,295,344 issued Aug. 4, 1998, and Sept. 25, 2001, respectively.

    The Marshall patents concern technology relating to the use of prepaid telephone cards and describe and claim methods and systems for using telephony switching systems to monitor the use of such cards.

    The plaintiff alleges that the defendants IPsmark, Network IP, Porta One and SysMaster provide software products to providers of Internet telephony services including VoIP services that enable the use of prepaid telephone calling cards that provide call monitoring, authentication and billing features to customers.

    "Infringement by each of the defendants has injured Marshall (Patent Holdings) and Marshall is entitled to recover damages adequate to compensate Marshall for infringement of the Marshall Patents," the complaint states.

    Marshall Patent Holdings is seeking damages no less than reasonable royalty, treble damages if the infringement is found to be intentional and willful, attorneys' fees, interest, costs and a permanent injunction against the defendants prohibiting further infringement.

    Andy Tindel of the Provost Umphrey Law Firm's Tyler office is representing the plaintiff.

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

    Case No. 6:08-cv-075-LED

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