Tyler Division, Eastern District of Texas
July 11
Plaintiff Colucci, doing business as EZ Line Putters, claims to be the inventor and sole owner of inventions claimed in U.S. Patent No. 4,962,927 titled Putter Head and issued Oct. 16, 1990.
According to the original complaint, defendant Callaway manufactures golf putters sold under the name "Odyssey." EZ Line alleges that the defendant's products infringe one or more claims of the '927 Patent.
Colucci claims that at times in 1999, 2001 and 2004, he provided information to Callaway concerning his concepts, ideas and designs for improved golf putters and offered Callaway a license under his patents, including the '927 Patent.
"Plaintiff's EZ Line Putter designs encompassed the new concepts, ideas and designs, structures and physical properties that plaintiff knew, and Callaway came to know, to provide improved golfing results when used as intended," the complaint states. "Plaintiff also served as a consultant to Callaway in connection with a lawsuit that Callaway had at that time with another party."
The plaintiff claims that as a result of his contact with Callaway, the defendant had actual knowledge of the '927 Patent and of his EZ Line Putter concepts and designs since at least March 1999.
Colucci alleges that Callaway refused to take a license under the patent and at no time acknowledged its use of Colucci's concepts.
According to the complaint, Callaway has committed willful infringement and in bad faith has unjustly misappropriated the results of the skill, expenses and labor of the plaintiff.
In addition to patent infringement, the lawsuit accuses Callaway of trade dress infringement and unfair competition for incorporating colors, shapes and other design features that consumers associate with EZ Line putters into the Callaway putters.
The plaintiff is seeking injunctive relief, compensatory damages, treble damages, attorneys' fees, costs and other just and equitable relief.
Andy Tindel of Provost Umphrey Law Firm LLP in Tyler is representing the plaintiff with attorneys from Meredith & Keyhani PLLC in New York, N.Y.
The case has been assigned to U.S. District Judge Leonard E. Davis.
Case No. 6:08-cv-288-LED
July 15
Plaintiff MAZ claims to own the rights to two patents dealing with file encryption.
The first, U.S. Patent No. 6,185,681 for a Method of Transparent Encryption and Decryption for an Electronic Document Management System, was issued Feb. 6, 2001, and after reexamination on May 23, 2006.
U.S. Patent No. 7,096,358 for an Encrypting File System was issued Aug. 22, 2006.
According to the original complaint, MAZ alleges that defendant Microsoft has infringed the '681 and '358 Patents by making, using and selling its Encrypting File System software, which is a component of Microsoft's Windows operating system including Windows XP Professional and all editions of Windows Vista.
MAZ claims it has suffered damages as a result of the infringing activities of Microsoft, and will continue to suffer damages as long as the infringing activities continue.
The plaintiff is seeking injunctive relief, compensatory and treble damages, interest, attorneys' fees, costs and other just and equitable relief.
T. John Ward Jr. of the Ward & Smith Law Firm in Longview is representing the plaintiff, with attorneys from Brooks Kushman PC in Southfield, Mich.
The case has been assigned to U.S. District Judge Leonard E. Davis.
Case No. 6:08-cv-289-LED