Marshall Division

Oct. 20

  • Levert Lyons vs. Nike Inc.

    Plaintiff Levert Lyons is an individual living in Detroit, Mich., and claims to own the rights to U.S. Patent No. 5,513,448 issued May 7, 1996, for an Athletic Shoe with Compression Indicators and Replaceable Spring Cassette.

    The complaint alleges that Nike, a "direct competitor" of Lyons, makes, uses and sells products that infringe the '448 Patent without authority or license from Lyons. Lyons also alleges that the infringement has been willful.

    "Nike has been on actual notice of Lyons' claim for infringement since Aug. 29, 2008, and at the very latest, since the date Nike was served with the original complaint," the suit states.

    Lyons seeks damages adequate to compensate for the infringement in an amount no less than a reasonable royalty.

    The plaintiff also seeks injunctive relief, interest, attorneys' fees, treble damages, costs and other just and proper relief.

    Ethan Shaw of Moore Landry LLP in Austin is representing the plaintiff.

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

    Case No. 2:08-cv-403

  • Edward Dysarz vs. All-Luminum Products Inc.

    Plaintiff Edward Dysarz is an individual residing in Aransas County, Texas. He claims to own the rights to U.S. Patent No. 5,120,016 issued June 9, 1992, for a Sun Deck and Pier Rod and Holding Device.

    According to the complaint, claim 1 of the '016 Patent relates to a device that holds and supports tools, fishing rods, chairs, tables, barbecue pits, lamps or other devices on a sun deck, dock or a pier that is made of planks. The device consists of a T-bar, threaded plug, anti-rotation bar and a T-flange.

    "On information and belief, All-Luminum has been and is infringing … the '016 Patent by making, using, offering for sale, selling or importing or reverse-engineering devices that incorporate items protected by the '016 Patent," the suit states. "All-Luminum's acts of infringement have occurred within this district and elsewhere throughout the United States."

    The plaintiff alleges that the infringements have been willful and deliberate.

    Dysarz is seeking a permanent injunction against All-Luminum, actual and treble damages, attorneys' fees, costs and other just and proper relief.

    D. John Neese Jr. of the Neese Law Firm in Houston is representing the plaintiff. Ernest Blansfield of Angleton is of counsel.

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

    Case No. 2:08-cv-402-TJW

  • Traffic Information LLC vs. HTC USA Inc. et al

    Plaintiff Traffic Information, a Texas limited liability company, claims it has the rights to U.S. Patent No. 6,466,862 issued Oct. 15, 2002, and U.S. Patent No. 6,785,606 issued Aug. 31, 2004, for a System for Providing Traffic Information.

    Traffic alleges that defendants HTC, Motorola, Palm, Pantech Wireless, Samsung and Cellular 4U infringe the '862 and '606 Patents by making, using or selling traffic information systems.

    "Each defendants' acts of infringement have caused damage to Traffic, and Traffic is entitled to recover from each defendant the damages sustained by Traffic as a result of each defendants' wrongful acts in an amount subject to proof at trial," the suit states.

    The plaintiff seeks permanent injunctive relief, interest, attorneys' fees, costs and other just and proper relief.

    Charles Ainsworth of Parker, Bunt & Ainsworth of Tyler and attorneys from Jones and Jones PC in Marshall and Polasek, Quisenberry & Errington LLP in Bellaire are representing the plaintiff.

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

    Case No. 2:08-cv-404

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