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SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

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

Tyler Division

Oct. 8

  • Marshall Packaging Co. LLC vs. Constar International Inc. et al

    Plaintiff Marshall Packaging, a Texas limited liability company located in Marshall, Texas, claims it owns the rights to U.S. Patent No. RE 38,770 for a Collapsible Container.

    Marshall Packaging alleges that defendants Constar International Inc., Niagara Drinking Waters Inc., Niagara Bottling LLC and Iceland Spring North America Inc. are infringing the '770 Patent.

    According to the complaint, the defendants infringe the patent by making, using and selling collapsible beverage containers under various brand labels including Kroger's, Niagara Drinking Water, Safeway Refreshe, Iceland Spring and Vitamin Shoppe.

    The plaintiff is seeking an injunction, compensatory damages, interest, costs, attorneys' fees and other just and proper relief.

    Donald Puckett of The Ware Firm in Dallas is attorney-in-charge for the plaintiff along with T. John Ward Jr. of Longview.

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

    Case No. 6:08-cv-394-LED

    Oct. 10

  • Azure Networks LLC vs. Nokia Inc.

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

    Azure claims it owns the rights to U.S. Patent No. 6,981,158 entitled "Methods and Apparatus for Tracing Packets" issued on Dec. 27, 2005.

    Also, Azure claims it is the owner by assignment of U.S. Patent No. 7,302,704 entitled "Excising Compromised Routers From an Ad-Hoc Network" issued on Nov. 27, 2007.

    Defendant Nokia allegedly infringes the '158 and '704 Patents by among other things, making, using, offering for sale, and/or selling computer network products, including without limitation the Nokia IP60 Security Platform. The plaintiff further alleges that the infringement was willful.

    Azure seeks to recover damages to compensate it for the alleged infringement in an amount no less than a reasonable royalty, damages, interest, costs, attorneys' fees and other relief.

    Eric Albritton and T. John Ward Jr. of Longview, along with Danny Williams of Williams Morgan & Amerson PC in Houston and the Stevens Law Firm of Longview are representing the plaintiff.

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

    Case 6:08-cv-00398-LED

    Texarkana Division

    Oct. 9

    ICHL LLC dba Intellectual Capital Holdings Ltd. vs. LG Electronics Inc. et al

    Plaintiff ICHL is a Texas limited liability company and claims to own the rights to U.S. Patent No. 4,884,631 for a Forced Air Heat Sink Apparatus issued Dec. 5, 1989.

    According to the complaint, the '631 Patent in general relates to a heat sink assembly used in computers, servers, game consoles and other consumer electronics products to aid in the cooling of semiconductors and other electronic components.

    ICHL alleges that defendants sell televisions or home theater projectors that contain infringing heat sinks, including the LG 52 inch DLP, Mitsubishi 65 inch and 60 inch DLP, Samsung 71 inch and 61 inch DLP, Sim2 home projection, and Toshiba 52 inch.

    As a result of defendants' infringing conduct, defendants have damaged ICHL," the complaint states. "Defendants are liable to ICHL in an amount that adequately compensates ICHL for the infringement, which by law can be no less than a reasonable royalty."

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

    Robert Garrey of Plano is representing the plaintiff.

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

    Case No . 5:08-cv-177-DF

    Marshall Division

    Oct. 9

  • Linksmart Wireless Technology LLC vs SBC Internet dba AT&T Internet Services

    Linksmart Wireless claims it is the owner by assignment of U.S. Patent No. 6,779,118 entitled User Specific Automatic Data Redirection System issued on Aug. 17, 2004. Koichiro Ikudome and Moon Tai Yeung are listed as the inventors on the '118 Patent.

    Linksmart alleges that SBC infringes the '118 Patent.

    "As a result of SBC's direct and/or indirect infringement of the '118 Patent, Linksmart Wireless has suffered monetary damages in an amount not yet determined, and will continue to suffer damages in the future unless SBC's activities are enjoined by this court," the complaint states.

    Linksmart is seeking an injunction, compensatory and enhanced damages, interest, costs, attorneys' fees and other relief.
    Marc Fenster of Russ, August & Kabat in Los Angeles is representing the plaintiff.

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

    Case No. 2:08-cv-00385-TJW

    Oct. 10

  • Tsann Kuen Inc. vs. T-Fal Corporation

    Plaintiff Tsann Kuen claims it is the owner by assignment of U.S. Patent No. 5,606,905 issued March 4, 1997, for a Device for Cooking Foodstuffs.

    The plaintiff alleges that cookware maker T-Fal infringes the '905 Patent. According to the original complaint, an example of a T-Fal product that infringes the '905 Patent is the Emerilware Grill & Panini Maker.

    Tsann Kuen claims the infringements go back at least six years, and that the infringements have been willful, wanton and deliberate.

    Tsann Kuen seeks a permanent injunction, actual and enhanced damages, interest, attorneys' fees, costs and other proper relief.

    Li Chen of Sidley Austin LLP in Dallas is representing the plaintiff.

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

    Case 2:08-cv-00387-TJW

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