Recent patent infringement cases filed in the Eastern District of Texas

By Marilyn Tennissen | Jun 3, 2009

Recent patent infringement cases filed in the Eastern District of Texas, May 29-June 2, 2009

Marshall Division

May 29

  • Parallel Networks LLC vs. Microsoft Corp.

    Plaintiff Parallel Networks is a Texas limited liability company with a place of business in Tyler.

    According to the original complaint, Parallel Networks claims it owns the rights to U.S. Patent No. 5,894,554 issued April 13, 1999, and U.S. Patent No. 6,415,335 B1 issued July 2, 2002.

    The patents concern systems and methods for managing dynamic Web page generation requests.

    Parallel Networks alleges that Microsoft makes and/or uses Web page generation systems that infringe the scope of one or more of the claims of the '554 and/or '335 patents.

    "Parallel Networks has suffered damage by reason of defendant's infringement and will continue to suffer additional damage until this Court enjoins the infringing conduct," the complaint states.

    The plaintiff also alleges the infringement continued after Microsoft received notice of the Parallel Network patents, making the infringements willful and entitling Parallel Networks to increased damages.

    Parallel Networks is seeking actual damages, interest, increased damages, attorneys' fees, injunctive relief and other just and proper relief.

    Larry D. Carlson of Baker Botts LLP in Dallas is lead attorney for the plaintiff. T. John Ward Jr. of Ward & Smith Law Firm in Longview and S. Calvin Capshaw of Capshaw DeRieux in Longview also represent the plaintiff.

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

    Case No. 2:09-cv-172-DF

    June 1

  • Beneficial Innovations Inc. vs. Careerbuilder LLC et al

    Plaintiff Beneficial Innovations claims to own the rights to U.S. Patent No. 7,496,943 for a Networking System for Presenting Advertising.

    According to the complaint, 10 defendant companies are infringing the '943 Patent through their Web sites.

    Defendants named in the suit are Careerbuilder, CNET Networks, Digg, Ebaum's World, Google, Jabez Networks, Morris Communications, The New York Times Co., Yahoo! and YouTube.

    The plaintiff alleges it has been damaged by the defendants' infringements and will continue to be damaged unless the defendants are enjoined by the court. Beneficial Innovations also alleges the infringing activities have been willful and deliberate.

    The plaintiff seeks injunctive relief, compensatory damages and trebled damages, costs, interest, attorneys' fees and other relief as justice requires.

    S. Calvin Capshaw of Capshaw DeRieux LLP in Longview and attorneys from Parker & Bunt PC in Tyler are representing the plaintiff. Gregory Dovel of Dovel & Luner LLP in Santa Monica, Calif., is of counsel.

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

    Case No. 2:09-cv-175-TJW

    June 2

  • Lochner Technologies LLC vs. Dell Inc. et al

    Plaintiff Lochner Technologies claims to own the rights to U. S. Patent No. 7, 035,598 for a Modular Computer System issued April 25, 2006, to inventors Scott M. Lochner and Meir Bartur.

    The '598 Patent, which was assigned to Lochner Technologies, relates generally to a modular computer system in which a storage and control unit is connected to an input/output unit via a wireless link.

    The plaintiff alleges Dell Inc., Hewlett Packard Co., Fujitsu Computer Systems Corp. and International Business Machines Corp. are infringing the '598 Patent.

    Some of the allegedly infringing product and systems named in the suit include Dell Virtual Remote Desktop solution, HP Virtual Desktop Infrastructure, Fujitsu's Virtual Desktop and IBM's Virtual Client System.

    Lochner is asking that defendants account for and pay all damages and costs caused by the infringements. It is also seeking interest, attorneys' fees, costs and other just and proper relief.

    Edward W. Goldstein of Goldstein, Faucett & Prebeg LLP in Houston and Jonathan T. Suder of Freidman, Suder & Cooke in Fort Worth are representing the plaintiff.

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

    Case No. 2:09-cv-177-TJW

  • DataTern Inc. vs. The Allstate Corp. et al

    Plaintiff DataTern, a Texas corporation, claims to own the rights to U.S. Patent No. 5,937,402 issued Aug. 10, 1999, for a System for Enabling Access to a Relational Database from an Object Oriented Program.

    DataTern alleges 25 defendant companies are allegedly infringing the '402 Patent.

    According to the complaint, infringement occurs on various defendant Web sites through use of "object oriented source code to employ objects that are populated with information from a relational database (due to the fact that such objects are populated from a relational database, objects are associated with object classes generated in response to normalized relational schema object, which is a representation of a logical table from a database) covered by one or more claims of the '402 Patent to the injury of DataTern."

    Defendant companies include Allstate, Bayer, BP America, Chevron, ConocoPhillips, Halliburton, HSN, JP Morgan Chase, Washington Mutual, Nationwide, Prudential and SunTrust Bank.

    DataTern is seeking a permanent injunction enjoining the defendants, compensatory damages, costs, interest, enhanced damages, attorneys' fees and other relief to which it may be entitled.

    Marc Fenster of Russ, August & Kabat in Los Angeles, Calif., and Andrew Spangler of Spangler Law PC in Longview are representing the plaintiff.

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

    Case No. 2:09-cv-178-TJW

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