Recent patent infringement cases filed in the Eastern District of Texas

Tyler Division

April 29

i2 Technologies Inc. vs. Oracle Corp.

Dallas-based plaintiffs i2 Technologies Inc. and i2 Technologies US Inc. are claiming defendants Oracle Corp. and Oracle USA Inc. have infringed 11 patents to which it owns the rights.

The patents-in-suit are:

U.S. Patent No. 5,764,543 issued June 9, 1998, for an Extensible Model Network Representing System for Process Planning with Brian M. Kennedy named as inventor.

U.S. Patent No. 5,930,156 issued July 27, 1999, for an Extensible Model Network Representing System for Process Planning with Brian M. Kennedy named as inventor.

U.S. Patent No. 5,983,194 issued Nov. 9, 1999, for a Planning Coordination System for Coordinating Separate Factory Planning Systems and a Method of Operation with John C. Hogge, Brian M. Kennedy and Lamott G. Oren named as inventors.

U.S. Patent No. 6,167,380 issued Dec. 26, 2000, for a System and Method for Allocating Manufactured Products to Sellers with Brian M. Kennedy and Christopher D. Burchett named as inventors.

U.S. Patent No. 7,085,729 issued Aug. 1, 2006, for a System and Method for Allocating Manufactured Products to Sellers with Brian M. Kennedy and Christopher D. Burchett named as inventors.

U.S. Patent No. 7,013,485 issued March 14, 2006, for a Computer Security System with Daniel Brown and Fernando Zapata named as inventors.

U.S. Patent No. 7,062,540 issued June 13, 2006, for a System and Method for Remotely Monitoring and Managing Applications Across Multiple Domains with Padma P. Reddy and Rubesh Mehta named as inventors.

U.S. Patent No. 7,065,499 issued June 20, 2006m for an Intelligent Order Promising with Vineet Seth and Aamer Rehman named as inventors.

U.S. Patent No. 7,412,404 issued Aug. 12, 2008, for a Generating, Updating and Managing Multi-Taxonomy Environments with Manoel Tenorio named as inventor.

U.S. Patent No. 7,349,861 issued March 25, 2008, for a Value Chain Management with David J. Fischer, Geoffrey M. Squires, Rakesh Sharma, Ramnath Ganesan, Deepak M. Ghodke and Bharadwaj Rangarajan named as inventors.

U.S. Patent No. 7,370,009 issued May 6, 2008, for an Extreme Capacity Management in an Electronic Marketplace Environment with Ranjit Notani, Vinatha Chaturvedi, Vinayak S. Ghaisas and Harsha Chaturvedi named as inventors.

According to the original complaint, all rights and interests in the patents-in-suit are owned by i2 Technologies US Inc.

i2 alleges Oracle has and continues to infringe the patents, and indirectly infringed by way of inducement or contributory infringement.

"Oracle's acts of infringement have caused damage to i2," the complaint states. "i2 is entitled to recover from Oracle the damages sustained by i2 as a result of Oracle's wrongful acts in an amount subject to proof at trial."

i2 is seeking injunctive relief and an accounting of damages, payment of actual and supplemental damages, interest and other just and equitable relief.

Sam Baxter and other attorneys from McKool Smith PC in Marshall and Dallas are representing the plaintiff.

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

Case No. 6:09-cv-194-LED

May 4

Valmont Industries Inc. vs. Eupen Cable USA Inc. et al

Plaintiff Valmont claims to own the rights to U.S. Patent No. 7,466,286 issued Dec. 16, 2008, for a Folding Frame for Mounting an Antenna.

Valmont alleges defendants Eupen Cable, Nello Inc. and Structural Components LLC are infringing the '286 Patent by making, using, selling or distributing antenna mounts covered by the patent.

According to the complaint, Eupen received actual notice of the patent application that was later issued as the '286 Patent through correspondence from Valmont sent Feb. 22, 2007. In addition, Valmont claims it sent Eupen, Nello and Structural Components actual notice of the issued '286 Patent on Dec. 16, 2008.

"Despite this notice, Defendants continued to directly infringe, jointly infringe and indirectly infringe by way of inducing infringement and/or contributing to the infringement of the '286 Patent," the complaint states. "Defendants have therefore willfully infringed the '286 Patent …"

Valmont is seeking a preliminary and permanent injunction enjoining defendants, monetary damages yet to be determined, enhanced damages for willful infringement, costs, expenses, interest, attorneys' fees and other relief to which it is justly entitled.

Neil J. Mcnabnay of Fish & Richardson PC in Dallas is representing the plaintiff.

Court assignment is pending.

Case No. 6:09-cv-201

SOUTHEAST TEXAS RECORD

Recent patent infringement cases filed in the Eastern District of Texas

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