Marshall Division

June 4

  • LML Patent Corp. vs. National Bank of Daingerfield et al

    Plaintiff LML is a Delaware corporation with offices in Marshall. The company claims to own the rights to U.S. Patent No. RE 40,220 for a Checkwriting Point of Sale System.

    LML alleges the defendants National Bank of Daingerfield, Plains Capital Bank, Southside Bank, First Bank, The American National Bank of Texas and American Bank of Texas are infringing the '220 Patent.

    With the exception of First Bank, which has a principal place of business in St. Louis, Mo., the other banks are Texas state financial institutions with principal places of business in East Texas cities.

    "Defendants infringe the patents-in-suit directly, contributorily and/or by active inducement by importing, manufacturing, using, marketing, distributing, selling and/or supporting payment services," the complaint states.

    The plaintiff claims it has been irreparably harmed by defendants' acts.

    LML is seeking an injunction against the defendants, actual damages, interest, attorneys fees, enhanced damages, compulsory future royalties, costs and other relief deemed just and proper.

    The plaintiff is represented by Melissa Smith of Gillam & Smith LLP in Marshall.

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

    Case No. 2:09-cv-180-TJW

    June 5

  • Allergan Inc. vs. Hi-Tech Pharmacal Co. Inc.

    Plaintiff Allergan claims to own the rights to two patents relating to a glaucoma treatment drug Combigan.

    The patents-in-suit are:

    U.S. Patent No. 7,030,149 issued April 18, 2006, for a Combination of Brimonidine Timolol for Topical Opthalmic Use. The '149 Patent was issued to inventors Chin-Ming Chang, Gary J. Beck, Cynthia C. Pratt and Amy L. Batoosingh, who then assigned the patent to Allergan.

    U.S. Patent No. 7,320,976 issued Jan. 22, 2008, for a Combination of Brimonidine Timolol for Topical Opthalmic Use. The '976 Patent was issued to inventors Chin-Ming Chang, Gary J. Beck, Cynthia C. Pratt and Amy L. Batoosingh, who then assigned the patent to Allergan.

    According to the complaint, on April 27, Allergan received a letter from Hi-Tech Pharmacal that it had filed for an application to market a generic version of Combigan before the listed patents had expired.

    Allergan alleges that by filing to obtain approval, Hi-Tech is has committed infringement.

    The plaintiff is seeking an injunction against Hi-Tech from engaging in the commercial manufacture, use, sale or importation of any drug product covered by the '149 and '976 Patents.

    Allergan is also seeking damages for the infringement, treble damages, interest, attorneys' fees, costs, and other just and proper relief.

    Jonathan Singer of Fish & Richardson PC in Minneapolis, Minn., is lead attorney for the plaintiff, along with Wesley Hill of Ireland, Carroll & Kelley PC in Tyler.

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

    Case No. 2:09-cv-182-TJW

    June 9

  • Balthaser Online Inc. vs. Kimberly-Clark Corp. et al

    Plaintiff Balthaser is engaged in the business of creating interactive online productions for its clients using technology for rich media Web site applications, according to the complaint.

    Balthaser claims it is the owner by assignment of U.S. Patent No. 7,000,180 B2 issued to Neil Balthaser on Feb. 14, 2006. The '180 Patent is for Methods, Systems and Processes for the Design and Creation of Rich-Media Applications via the Internet.

    The plaintiff alleges defendants Kimberly-Clark Corp., Swann's Furniture Gallery LP, Lane Furniture Industries Inc., LA-Z-BOY Inc., Gallery Model Homes Inc. doing business as Gallery Furniture and Lowe's Companies Inc. are infringing the '180 Patent on their Web sites.

    Balthaser alleges the defendants had knowledge of the '180 Patent, making the infringements reckless and willful.

    The plaintiff is seeking compensatory damages no less than a reasonable royalty, treble damages for willful infringement, interest, attorneys' fees and other relief which the court may deem just and proper.

    Ryan H. Flax and other attorneys from Dickstein Shapiro LLP in New York, N.Y., are representing the plaintiff.

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

    Case No. 2:09-cv-188-TJW

    June 10

  • Exergetic Systems LLC vs. Luminant

    Plaintiff Exergetic Systems, a California company, claims to own the rights to 10 patents relating to fuel flow and power plant systems.

    The patents-in-suit are:

    U.S. Patent No. 6,522,994 issued Feb. 18, 2003, for an Input/Loss Method for Determining Fuel Flow, Chemistry, Heating Value and Performance of a Fossil-Fired System.

    U.S. Patent No. 5,790,420 issued Aug. 4, 1998, for a Method and Systems for Improving Thermal Efficiency, Determining Effluent Flows and For Determining Fuel Mass Flow Rates of a Fossil Fuel Fired System.

    U.S. Patent No. 6,714,877 issued March 30, 2004, for a Method for Correcting Combustion Effluent Data When Used for Input/Loss Performance Monitoring of a Power Plant.

    U.S. Patent No. 6,584,429 issued June 24, 2003, for Input/Loss Method for Determining Boiler Efficiency of a Fossil-Fired System.

    U.S. Patent No. 6,810,358 issued Oct. 6, 2004, for a Method to Synchronize Data When Used for Input/Loss Performance Monitoring of a Power Plant.

    U.S. Patent No. 6,873,933 issued March 29, 2005, for a Method and Apparatus for Analyzing Coal Containing Carbon Dioxide Producing Mineral Matter as Effecting Input/Loss Performance of a Power Plant.

    U.S. Patent No. 6,868,368 issued March 15, 2005, for a Method for Improving the Control of Power Plants When Using Input/Loss Performance Monitoring.

    U.S. Patent No. 6,799,146 issued Sept. 28, 2004, for a Method for Remote On-Line Advisory Diagnostics and Dynamic Heat Rate When Used for Input/Loss Performance Monitoring of a Power Plant.

    U.S. Patent No. 7,039,555 issued May 2, 2006, for a Method for Detecting Heat Exchanger Tube Failures and their Location When Using Input/Loss Performance Monitoring of a Recovery Boiler.

    U.S. Patent No. 5,367,470 issued Nov. 22, 1994, for a Method for Fuel Flow Determination and Improving Thermal Efficiency in a Fossil-Fired Power Plant.

    According to the complaint, defendant Luminant, a Texas based company, owns and operates power generation facilities in Mount Pleasant and Fairfield, Texas, and using software provided by Tennessee Technological University that infringes at least one claim of the Exergetic patents.

    "By operating its power generation facilities, Luminant has in the past and continues to infringe directly, by inducement, or by contributing to the infringement of the patents," the complaint states.

    Exergetic is seeking compensation for Luminant's infringement in an amount no less than a reasonable royalty.

    "As one potential measure of damages, TTU reports that use of its software can improve power plant heat rate by at least 1 percent, leading to annual savings of over $1 million," the complaint states.

    The plaintiff is also seeking interest, treble damages for willful infringement, costs, attorneys' fees, an preliminary and permanent injunction and other just and proper relief.

    Elizabeth DeRieux of Capshaw DeRieux LLP in Longview is representing the plaintiff. Michael Dergosits and Todd Noah of Dergosits & Noah LLP in San Francisco, Calif., are of counsel.

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

    Case No. 2:09-cv-189-TJW

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