Marshall Division

June 22

  • Rembrandt Vision Technologies LP vs. Johnson & Johnson Vision Care Inc.

    Plaintiff Rembrandt Vision Technologies claims it is the owner by assignment of U.S. Patent No. 5,712,327 issued Jan. 27, 1998, to Dr. Sing-Hsuing Chang and Mei-Zyh Chang for a Soft Gas Permeable Contact Lens Having Improved Clinical Performance.

    The '327 Patent made improvements to the oxygen-permeability and tear-wettability of contact lenses, allowing them to be worn for long periods of time.

    According to the complaint, Rembrandt alleges defendant Johnson & Johnson Vision Care infringes the '327 Patent through its Acuvue Advance and Acuvue Oasys contact lenses.

    In 2005, Rembrandt sued Ciba Vision and Bausch & Lomb for alleged infringements of the '327 Patent. The company reached an agreement and settlement with Bausch & Lomb, and Ciba continued to trial.

    A jury in Marshall awarded Rembrandt $47 million and found Ciba Vision had infringed the '327 Patent.

    In the current suit, Rembrandt alleges that J&J's infringement has been willful and deliberate.

    Rembrandt is seeking compensatory damages, treble damages, interest, costs, attorneys' fees and other relief to which it may be entitled.

    It is also asking that the court orde3r J&J Vision Care deliver for destruction all infringing products in its possession.

    Lawrence Germer of Germer Gertz LLP in Beaumont is representing the plaintiff.

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

    Case No. 2:09-cv-200-TJW

    Texarkana Division

    June 17

  • WIAV Networks LLC vs. Kyocera Communications Inc.

    Plaintiff WIAV claims to own the rights to U.S. Patent Nos. 5,400,338 for Parasitic Adoption of Coordinate-Based Addressing by Roaming Node and 6,480,497 for a Method and Apparatus for Maximizing Data Throughput in a Packet Radio Mesh Network.

    WIAV alleges that defendants Kyocera Communications Inc., Kyocera Wireless Corp. and Kyocera Corp. are infringing the '338 and '497 Patents.

    The plaintiff alleges that defendants' infringements have been willful and deliberate.

    WIAV is seeking compensatory damages no less than a reasonable royalty, interest, costs, attorneys' fees and treble damages for willful infringement.

    Tae H. Kim of Echelon Law Group PC in San Francisco, Calif., Kevin Mun of Echelon Law Group PC in Vienna, Va., and Adrian Pruetz of Preutz Law Group LLP in El Segundo, Calif., are representing the plaintiff.

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

    Case No. 5:09-cv-088-TJW

    Tyler Division

    June 17

  • Saxon Innovations LLC vs. Casio Computer Co. Ltd. et al

    Plaintiff Saxon Innovations is a Texas corporation with corporate offices in Tyler.

    According to the original complaint, Saxon "is in the business of developing and licensing technology related to communications products."

    Saxon claims to own the rights to five U.S. patents that are being infringed. The patents-in-suit are:

  • U.S. Patent No. 5,592,555 issued Jan. 7, 1997, for a Wireless Communication Privacy Method and System.
  • U.S. Patent No. 5,502,689 issued March 26, 1996, for a Clock Generator Capable of Shut-Down Mode and Clock Generation Method.
  • U.S. Patent No. 5,247,621 issued Sept. 21, 1993, for a System and Method for Processor Bus Use.
  • U.S. Patent No. 5,483,577 issued Jan. 9, 1996, for a Single Chip Telephone Answering Machine, Telephone, Speakerphone and ADSI Controller.
  • U.S. Patent No. 5,530,597 issued June 25, 1996, for an Apparatus and Method for Disabling Interrupt Masks in Processors or the Like.

    On information and belief, defendants Casio, Kyocera, Sanyo, Sierra, Panasonic and UTStarCom have been and still are infringing, contributing to the infringement of, and/or inducing the infringement of the patents-in-suit.

    The complaint states that Casio is in the business of making, using and selling electronic products including cellular phones, business and consumer electronics and other products employing integrated circuits and components having processors, memory and communication features.

    Sanyo is in the business of making, using and selling electronic products including cellular phones, televisions, media players, consumer entertainment systems and other products employing integrated circuits and components having processors, memory and communication features.

    Sierra is in the business of making, using and selling electronic products including cellular communication cards and products for enabling communications over wireless networks and other products employing integrated circuits and components having processors, memory and communication features.

    Panasonic is in the business of making, using and selling electronic products including cellular phones, cameras, televisions, personal, media players, home theater systems, consumer entertainment systems and other products employing integrated circuits and components having processors, memory and communication features.

    UTStarCom is in the business of making, selling and using electronic products including cellular phones, WiFi handsets, modems, products for enabling communications over wireless networks and other products employing integrated circuits and components having processors, memory and communication features.

    Saxon is seeking a preliminary and permanent injunction against defendants, an award of compensatory damages, interest, attorneys' fees, expenses and other relief the court finds just and proper.

    T. John "Johnny" Ward Jr. of Ward & Smith Law Firm in Longview is representing the plaintiff.

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

    Case No. 6:09-cv-270-LED

    June 19

  • Saxon Innovations LLC vs. Palm Inc. et al

    Plaintiff Saxon Innovations LLC is a Texas corporation with corporate offices in Tyler.

    Saxon claims to own the rights to U.S. Patent No. 5,608,873 issued March 4, 1997, for a Device and Method for Interprocessor Communication Using Mailboxes Owned by Processor Devices.

    Saxon alleges defendants Palm and Research In Motion are infringing the '873 Patent.

    According to the complaint, Palm and RIM are in the business of making, offering for sale, selling and supporting a variety of personal communications devices, including but not limited to cell phones, handheld computers and other wireless communications devices.

    "Saxon has been damaged by Palm and RIM's infringement, which will continue unless enjoined by this Court," the complaint states.

    Saxon is seeking a preliminary and permanent injunction against defendants, compensatory damages, interest, expenses, attorneys' fees and other relief the court finds just and proper.

    T. John "Johnny" Ward Jr. of Ward & Smith Law Firm in Longview is representing the plaintiff.

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

    Case No. 6:09-cv-272-LED

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