Marshall Division, Eastern District of Texas

Aug. 29

  • Mobile Micromedia Solutions LLC vs. BMW of North America and Hyundai Motor America

    Plaintiff Mobile Micromedia Solutions (MMS), a Texas limited liability company based in Texarkana, claims it owns the rights to U.S. Patent No. 5,420,931 issued May 30, 1995, and U.S. Patent No. 5,722,069 issued Feb. 24, 1998.

    The titles of the inventions are not provided in the original complaint.

    MMS claims auto makers BMW and Hyundai are infringing on the patents-in-suit.

    "Upon information and belief, defendants have in the past and continue to infringe the patents by making, using, selling and/or offering to sell, in this judicial district and elsewhere in the United States, products and services which are covered by at least one claim of patents," the complaint states. "As a consequence of the infringement by defendants complained of herein, MMS has been irreparably damaged to an extent not yet determined and will continue to be irreparably damaged by such acts in the future unless defendants are enjoined by this court from committing further acts of infringement. In the event the Court determines that it will not enter injunctive relief, then it should require defendants to continue to pay royalties for their infringement of the patents on a going-forward basis."

    MMS seeks injunctive relief, interest, treble damages, costs and attorneys' fees.

    Nicholas Patton of Texarkana is representing the plaintiff.

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

    Case No. 2:08-cv-331-TJW-CE

    Tyler Division, Eastern District of Texas

    Aug. 27

  • Tendler Cellular Inc. vs. ATX Group Inc. et al

    Plaintiff Tendler Cellular claims it is the owner of U.S. Patent No. 7,050,818 issued May 23, 2006, for a Location Based Service Request System.

    The suit alleges that defendants ATX Group Inc., BMW of North America, Cross Country Automotive Services Inc. and Toyota Motor Sales USA Inc. infringe the '818 Patent by their location-based services including BMW Assist, Cross Country MERJ and Lexus Link.

    The plaintiff is seeking compensation not less than a reasonable royalty for the damages it has suffered because of the defendants' alleged infringements.

    In addition, the plaintiff is requesting treble damages, interest, attorneys' fees, costs and a permanent injunction against defendants.

    Eric Albritton and T. John Ward Jr. of Longview and Jonathan T. Suder of Fort Worth are representing the plaintiff.

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

    Case No. 6:08-cv-342-LED

    Lufkin Division, Eastern District of Texas

    Aug. 27

  • Affinity Labs of Texas LLC vs. BMW North America LLC et al

    Plaintiff Affinity Labs of Texas is a Texas limited liability corporation having offices in Austin, and claims to be the owner of U.S. Patent No. 7,324,833 issued Jan. 29 for a System and Method for Connecting a Portable Audio Player to an Automobile Sound System.

    Affinity alleges that auto makers BMW, Honda, Hyundai, Mercedes, Nissan, Toyota and Volkswagen have infringed the '833 Patent by manufacturing, using, marketing or selling automobiles with audio systems designed to integrate a portable digital media device with the automobile's on-screen display and user interface.

    "As a result of defendants' infringement, Affinity has suffered and will suffer damages," the original complaint states. "Affinity is entitled to recover from defendants the damages sustained by Affinity as a result of defendants' wrongful acts in an amount subject to proof at trial."

    Affinity is seeking a permanent injunction, monetary or compensatory damages, costs and other general relief the court may deem proper.

    Thomas W. Sankey of Duane Morris LLP in Houston is lead attorney for the plaintiff.

    The case has been assigned to U.S. District Judge Ron Clark.

    Case No. 9:08-cv-164-RC

    Aug. 29

  • Affinity Labs of Texas LLC vs. Alpine Electronics of America Inc. et al

    Plaintiff Affinity Labs of Texas is a Texas limited liability corporation having offices in Austin, and claims to be the owner of U.S. Patent No. 7,324,833 issued Jan. 29 for a System and Method for Connecting a Portable Audio Player to an Automobile Sound System.

    Affinity alleges that audio system makers Alpine, Clarion, Fujitsu, JVC, Kenwood, Pioneer and SpeakerCraft have infringed the '833 Patent by manufacturing, using, marketing or selling audio devices for automobiles and homes designed to integrate a portable digital media device with on-screen display and user interface.

    "AS a result of defendants' infringement, Affinity has suffered and will suffer damages," the original complaint states. "Affinity is entitled to recover from defendants the damages sustained by Affinity as a result of defendants' wrongful acts in an amount subject to proof at trial."

    Affinity is seeking a permanent injunction, monetary or compensatory damages, costs and other general relief the court may deem proper.

    Thomas W. Sankey of Duane Morris LLP in Houston is lead attorney for the plaintiff.

    The case has been assigned to U.S. District Judge Ron Clark.

    Case No. 9:08-cv-171-RC

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