Plaintiff ChriMar Systems Inc., doing business as CMS Technologies Inc., claims to own the rights to U.S. Patent No. 7,457,250.
The '250 Patent was issued Nov. 25, 2008, for a System for Communicating with Electronic Equipment.
ChriMar alleges that defendants Houston-based KTI Network Inc. and New Jersey-based CyberPath are infringing the '250 Patent.
"As a result of Defendants' conduct, Plaintiff has been seriously and irreparably damaged," the complaint states. "Unless enjoined by this Court, Defendants will continue their infringement of the '250 Patent and Plaintiff will continue to be seriously and irreparably injured."
ChriMar is seeking a preliminary and permanent injunction, damages for infringement, contributory infringement and inducement of infringement, interest, treble damages, costs, expenses, attorneys' fees and demands a trial by jury.
Melissa Smith of Gillam & Smith LLP in Marshall is lead attorney for the plaintiff. Richard W. Hoffman of Reising, Ethington PC in Troy, Mich., is of counsel.
The case has been assigned to U.S. District Judge T. John Ward.
Case No. 2:09-cv-230-TJW
Balsam Coffee Solutions Inc. vs. The Folgers Coffee Co. et al
Plaintiff Balsam Coffee Solutions is a corporation organized and existing under the laws of Canada and maintains a place of business in Tyler.
Balsam claims to own the rights to U.S. Patent No. 6,861,086 issued March 1, 2005, for a Method of Processing Roasted Coffee. Robert Buckingham and Willem Anker were named as inventors.
The plaintiff alleges that The Folgers Coffee Co., The J.M. Smucker Co., Kraft Foods Inc., Kraft Foods Global Inc., Kraft Foods Holdings Inc., Melitta USA Inc. and European Coffee Classics Inc. are infringing the '086 Patent.
Balsam claims each defendant has purposefully and voluntarily placed one or more packaged coffee products that are made from patented processes into the stream of commerce.
"Defendants' acts of infringement have caused damage to Balsam," the suit claims. "Balsam is entitled to recover from Defendants the damages sustained by Balsam as a result of Defendants' wrongful acts in an amount subject to proof at trial."
Balsam also alleges that defendants' infringement of the '086 Patent is willful and deliberate, which entitles Balsam to enhanced damages and attorneys' fees.
The plaintiff is asking for an accounting of all of defendants' revenues resulting directly or indirectly from infringements of the '086 Patent, interest and all other relief deemed just and proper.
In the event a permanent injunction preventing future acts of infringement is not granted, Balsam is seeking a compulsory ongoing licensing fee from defendants.
Sam Baxter of McKool Smith PC in Marshall is lead attorney for the plaintiff.
The case has been assigned to U.S. District Judge Leonard E. Davis.