Marshall Division, Eastern District of Texas

July 24

  • Shire LLC vs. Actavis South Atlantic LLC et al

    Plaintiff Shire claims to own the rights to U.S. Patent Nos. 5,326,570 and 5,912,013.

    The '570 Patent was issued July 5, 1994, for an Advanced Drug Delivery System and Method of Treating Psychiatric, Neurological and Other Disorders.

    The '013 Patent bears the same name and was issued June 15, 1999.

    The complaint states that defendants Actavis South Atlantic LLC and Actavis Inc, collectively known as Actavis, infringed the two Shire patents when seeking approval for FDA approval of its Carbamazapine Extended Release Capsules 200 mg and 300 mg products.

    Actavis submitted notice to Shire on Dec. 4, 2007, that the products would not infringe the '570 and '013 Patents, but Shire says it has had insufficient information to confirm that. On July 9, Actavis reiterated its intention to proceed with the drug approval.

    Shire alleges that Acativis' manufacture, use and sale of the products will infringe the '570 and '013 Patents, and that the infringement is willful.

    Shire is seeking injunctive relief, compensatory damages, attorneys' fees, costs, expenses and other just and proper relief.

    Richard A. Sayles of Sayles Werbner in Dallas is representing the plaintiff.

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

    Case No. 2:08-cv-287-TJW

    July 25

  • Wall Cardiovascular Technologies LLC vs Abbott Laboratories et al

    Plaintiff Wall Cardiovascular is a Texas limited liability company based in Marshall. The company claims it owns the rights to U.S. Patent No. 6,974,475 for an Angioplasty Stent issued Dec. 13, 2005, to Dr. Henry Wall.

    The original complaint states that Dr. Wall is an Air Force veteran and one of the pioneers of stent technology. During his tenure at Emory University, Dr. Wall developed a device to prevent the restenosis of vessels following angioplasty. In 1984 he conceived of the technology claimed in the '475 Patent, the suit claims.

    Wall alleges that Abbott Laboratories and Abbott Cardiovascular Systems Inc. infringe the '475 Patent through the Xience V Drug Eluting Stent and other stent products.

    The plaintiff also alleges that the infringement has been willful and deliberate. Dr. Wall claims he contacted Abbott to discuss the commercialization of several of his patents as early as 2002. He says Abbott declined to partner with Wall or to properly license the patented technology.

    Wall is seeking compensatory and enhanced damages, attorneys' fees, costs, interest and other just and proper relief.

    Stephen Susman of Susman Godfrey LLP in Houston is lead attorney for the plaintiff.

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

    Case No. 2:08-cv-289-TJW

    July 28

  • SimpleAir Holdings Inc. vs Clear TXT Inc. et al

    Plaintiff SimpleAir claims to own the rights to U.S. Patent No. 7,035,914 for a System and Method for Transmission of Data issued April 25, 2006.

    The complaint alleges that defendants Clear TXT, Mobile Media Technologies and Yahoo! Inc. infringe the '914 Patent by using and selling mobile alerts and messaging products and services.

    SimpleAir claims the infringements have been done with willful and wanton disregard for its rights.

    The plaintiff is seeking injunctive relief, compensatory and enhanced damages, interest, costs, attorneys' fees and other relief.

    Calvin Capshaw of Capshaw DeRieux LLP in Longview is representing the plaintiff.

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

    Case No. 2:08-cv-290-TJW

    July 28

  • Litepanels vs. Sony

    Plaintiff Litepanels claims to own the rights to two patents concerning camera lighting equipment.

    U.S. Patent No. 6,948,823 for a Wide Area Lighting Apparatus and Effects System was issued Sept. 27, 2005.

    U.S. Patent No. 7,163,302 for a Camera-Mounted Semiconductor Lighting Apparatus was issued Jan. 16, 2007.

    Litepanels LLC and Litepanels Inc. claim defendants Sony Electronics Inc., Sony Corporation of America Inc. and Sony Corp. infringe the patents by making, selling or importing lighting systems in competition with Litepanels, including the Sony HVL-LBP camera-mounted video light.

    Defendants contribute to infringement by offering the products for sale through B&H Photo and Electronics Corp.'s online store at www.bhphotovideo.com.

    Litepanels is seeking compensatory damages, interest, injunctive relief, enhanced damages, attorneys' fees and other just and proper relief.

    Calvin Capshaw of Capshaw DeRieux LLP in Longview is representing the plaintiff.

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

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

    July 29

  • Aloft Media LLC vs. Palm Inc. et al

    Plaintiff Aloft Media is a Texas limited liability company with its principal offices in Longview.

    The company claims to own the rights to U.S. Patent No. 7,305,625 for a Data Networking System and Method for Interfacing a User issued Dec. 4, 2007.

    The complaint alleges that defendants Palm, Nokia, Research In Motion, Sony Ericsson, Motorola and AT&T infringe the '625 Patent. Infringing products named in the suit include Palm Treo 700p, Nokia N95, Nokia E90, Blackberry Models 8820 and 8320, Sony Ericsson Pli, MotoQ and the AT&T Tilt.

    Unless a permanent injunction is issued enjoining defendants from infringing the '625 Patent, Aloft claims it will be greatly and irreparably harmed.

    Aloft is seeking damages, costs, expenses, attorneys' fees, interest and other relief.

    Eric Albritton and T. John "Johnny" Ward Jr. of Longview are representing the plaintiff.

    Court assignment is pending.

    Case No. 2:08-cv-292

  • Stragent LLC vs. Nokia Inc. et al

    Plaintiff Stragent is a Texas limited liability company with its principal place of business in Longview.

    The company claims to own the rights to U.S. Patent No. 6,665,722 for a Store-and-Forward Packet Radio System and Method issued Dec. 16, 2003.

    The complaint alleges that defendants Nokia, Motorola, Palm, Research In Motion, Sony Ericsson, America Online, AT&T, Google, Microsoft and Yahoo! infringe the '722 Patent.

    Communications products named in the suit include the Nokia N95; MotoQ with Microsoft Windows Mobile vers. 6; Palm Treo models 700, 700w, 750, 750p and 680; Blackberry 8820 and 8320; Sony Ericsson Pli, P990i and w960i; AOL's Instant Message System; AT&T Tilt with Microsoft Mobile vers. 6; Google Talk messaging; Microsoft's Windows Mobile vers. 6; and Yahoo! Messenger.

    Stragent is seeking injunctive relief, damages, costs, expenses, interest and attorneys' fees.

    Eric Albritton and T. John "Johnny" Ward Jr. are representing the plaintiff.

    Court assignment is pending.

    Case No. 2:08-cv-293

  • Leon Stambler vs. JPMorgan Chase & Co. et al

    Plaintiff Leon Stambler is an individual residing in Parkland, Fla.

    He claims to own the rights to U.S. Patent No. 5,974,148 for a Method for Securing Information Relevant to a Transaction issued Oct. 26, 1999.

    The suit names banks and financial institutions JP Morgan Chase, Bank of America, Citigroup, UBS Financial, Wachovia, Wells Fargo, Bancorpsouth, BOK Financial, Bank of Texas, Comerica, Compass, First Horizon, First Tennessee, Cullen/Frost, Guaranty, Plains Capital and Regions as defendants that have infringed the '148 Patent.

    The defendants infringe the patent through their online banking services including online bill pay and other secure funds transfer services.

    The plaintiff is seeking compensation no less than a reasonable royalty, interest, costs and attorneys' fees.

    Stambler alleges that Chase, Bank of America, Citi, Wachovia, Wells Fargo and Regions had previous written notice of the '148 Patent, making the infringement willful and deliberate and entitling Stambler to treble damages.

    Eric Albritton and T. John "Johnny" Ward Jr. of Longview are representing the plaintiff.

    Court assignment is pending.

    Case No. 2:08-cv-294

  • Mirror Imaging LLC vs. Suntrust Banks Inc. et al

    Plaintiff Mirror Imaging claims to own the rights to U.S. Patent No. 6,963,866 for a Method of Obtaining an Electronically Stored Financial Document issued Nov. 8, 2005.

    Banks and financial institutions named as infringing defendants include SunTrust, BB&T, Compass, Frost, First Horizon, First Tennessee, HSBC, Zions and Amegy. Infringing activities include the storage and archiving of checks or other images.

    Mirror Imaging is seeking compensatory damages no less than a reasonable royalty, interest, costs, attorneys' fees and other just and proper relief.

    Eric Albritton and T. John "Johnny" Ward Jr. of Longview are representing the plaintiff.

    Court assignment is pending.

    Case No. 2:08-cv-295

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