Marshall Division

March 16

  • Applied Concepts Inc. vs. MPD Inc.

    Plaintiff Plano-based Applied Concepts Inc., doing business as Stalker Radar, claims to own the rights to U.S. Patent No. 5,528,245 issued June 18, 1996, for a Police Traffic Radar Using Double Balanced Mixer for Even Order Harmonic Suppression.

    The plaintiff alleges defendants MPD Inc. and MPH Industries Inc. infringe the '245 Patent.

    "Applied has no adequate remedy at law against defendants' acts of infringement and, unless defendants are enjoined from their infringement of the '245 Patent, will suffer irreparable harm," the original complaint states.

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

    Christopher J. Rourk and other attorneys from Jackson Walker LLp in Dallas are representing the plaintiff.

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

    Case No. 2:09-cv-077-TJW.

    Tyler Division

    March 11

  • Whipstock Services Inc. vs. Schlumberger Ltd.

    Plaintiff Whipstock is a Texas corporation based in Baytown.

    Whipstock claims it owns the rights to U.S. Patent No. 5,769,166 issued June 23, 1998, to inventor John Duke for a Wellbore Window Milling Method. Duke assigned the '166 Patent to Whipstock on May 24, 2004.

    The plaintiff alleges that Schlumberger, a corporation formed in Curacao, Netherlands Antilles, infringes the '166 by using, making or selling methods that provide whipstock and milling services as claimed in the patent.

    Whipstock also alleges the infringements have been willful and deliberate.

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

    It also seeks an accounting from defendant of all sales, revenues and profits derived from the infringements and all entities for which defendant provided the infringing whipstock and milling services.

    The plaintiff is asking the court to schedule a Markman hearing on claim interpretation as soon as the docket allows.

    Guy Matthews of Matthews, Lawson & Bowick PLLC in Houston is lead attorney for the plaintiff. Andy Tindel of Provost Umphrey Law Firm LLP in Tyler is also representing the plaintiff.

    The case has been assigned to Judge Leonard E. Davis.

    Case No. 6:09-cv-113-LED

  • Whipstock Services Inc. vs. Smith International

    Plaintiff Whipstock is a Texas corporation based in Baytown.

    Whipstock claims it owns the rights to U.S. Patent No. 5,769,166 issued June 23, 1998, to inventor John Duke for a Wellbore Window Milling Method. Duke assigned the '166 Patent to Whipstock on May 24, 2004.

    The plaintiff alleges that Houston-based Smith International infringes the '166 by using, making or selling methods that provide whipstock and milling services as claimed in the patent.

    Whipstock also alleges the infringements have been willful and deliberate.

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

    It also seeks an accounting from defendant of all sales, revenues and profits derived from the infringements and all entities for whom defendant provided the infringing whipstock and milling services.

    The plaintiff is asking the court to schedule a Markman hearing on claim interpretation as soon as the docket allows.

    Guy Matthews of Matthews, Lawson & Bowick PLLC in Houston is lead attorney for the plaintiff. Andy Tindel of Provost Umphrey Law Firm LLP in Tyler is also representing the plaintiff.

    The case has been assigned to Judge Leonard E. Davis.

    Case No. 6:09-cv-114-LED

    March 12

  • Tendler Cellular of Texas LLC vs. AT&T Mobility LLC et al

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

    Tendler claims to own the rights by assignment to U.S. Patent No. 7,447,508 issued Nov. 4, 2008, for a Location Based Information System.

    The plaintiff alleges defendants AT&T Mobility, Cellco Partnership doing business as Verizon Wireless, Spring Nextel, U.S. Cellular Corp. and T-Mobile USA infringe the '508 Patent by providing location based services including E911 services to their cellular service subscribers.

    Plaintiff is seeking damages adequate to compensate for the infringement in an amount no less than a reasonable royalty, together with interest, costs, attorneys' fees, injunctive relief and other just and proper relief.

    Jonathan T. Suder and David A. Skeels of Friedman, Suder & Cooke in Fort Worth are representing the plaintiff.

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

    Case No. 6:09-cv-115-LED

    March 13

  • EON Corp. IP Holdings LLC vs. Sensus Metering Systems Inc.

    Plaintiff EON is a Texas limited liability company with its registered office in Tyler.

    It claims to be the owner by assignment of two patents for an Interactive Nationwide Data Service Communication System for Stationary and Mobile Battery Operated Subscriber Units. U.S. Patent No. 5,388,101 was issued Feb. 7, 1995. U.S. Patent No. 5,481,546 was issued Jan. 2, 1996.

    EON alleges that defendant Sensus infringes the patents-in-suit by using, making or selling two-way communication networks and/or data systems that fall within the scope of at least one claim of each patent.

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

    A.M. (Russ) Meyer Jr. of Jackson Walker LLP in Dallas is lead counsel for the plaintiff. Deron R. Dacus of Ramey & Flock PC in Tyler is also representing EON.

    The case has been assigned to Judge Leonard E. Davis.

    Case No. 6:09-cv-116-LED

    Lufkin Division

    March 16

  • Blackboard Inc. vs. Desire2Learn Inc.

    Plaintiff Blackboard claims it owns the rights to U.S. Patent No. 7,493,396 issued Feb. 17 for an Internet-Based Education Support System and Method.

    The complaint states that the '396 Patent is a continuation of U.S. Patent No. 6,988,138, of which "Desire2Learn is an adjudicated infringer."

    Blackboard alleges Desire2Learn infringes the '396 Patent through products and services including the Desire2Learn eLearning Enterprise Suite, Desire2Learn Learning Environment, Learning Environment, ePortfolio, LiveRoom, Essentials, the Holding Tank and all services supporting the products.

    The plaintiff also alleges that the infringements have been willful and deliberate, and will continue unless enjoined by the court.

    Blackboard is seeking compensatory damages, treble damages, attorneys' fees, interest, costs and other relief as the court deems just and proper.

    J. Thad Heartfield of the Heartfield Law Firm in Beaumont and attorneys from McDermott Will & Emery LLP offices in Houston, Irvine, Calif., and Washington, D.C., are representing the plaintiff.

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

    Case No. 9:09-cv-040-RC

  • More News