Marshall Division

Aug. 5

  • Mitchell Prust vs. Softlayer Technologies Inc. and Netmass Inc.

    Plaintiff Mitchell Prust is an individual living in St. Paul, Minn., who claims to own the rights to three patents dealing with remote data storage systems.

    The patents-in-suit are:

    U.S. Patent No. 6,714,968 issued March 30, 2004, for a Method and System for Seamless Access to a Remote Storage Server Utilizing Multiple Access Interfaces Executing on the Remote Server.

    U.S. Patent No. 6,735,623 issued May 11, 2004, for a Method and System for Accessing a Remote Storage Area.

    U.S. Patent No. 6,952,724 issued Oct. 4, 2005, for a Network-Based Remote Data Storage System Having Multiple Access Interfaces.

    Defendant Softlayer is a Texas limited liability corporation with its principal place of business in Plano. Defendant NetMass Inc. is a corporation organized under the laws of the state of Texas with its principal place of business in McKinney.

    Prust alleges defendants have infringed and are infringing the patents-in-suit by making, using, importing, offering for sale and/or selling products and services including software products and electronic storage products that embody the inventions claimed in the patents.

    In addition, defendants are actively inducing and/or contributing to the infringement of the patent by others.

    Prust is seeking preliminary and permanent injunctions against defendants enjoining any further acts of infringement.

    He is asking for an accounting of all damages, compensatory damages, interest, costs, attorneys' fees and other just and proper relief. Prust is demanding a trial by jury.

    Christopher D. Banys of the Lanier Law Firm PC is lead attorney for the plaintiff, with attorneys from Ireland, Carroll & Kelley PC in Tyler.

    The case has been assigned to U.S. District Judge T. John Ward and referred to Magistrate Judge Charles Everingham for pre-trial proceedings.

    Case No. 2:09-cv-236-TJW-CE

    Aug. 6

  • Microbes Inc. and Rhizogen LLC vs. The Espoma Co. et al

    Plaintiff Microbes Inc. is a corporation organized under the laws of Delaware with its principal place of business in The Woodlands.

    Plaintiff Rhizogen LLC is a limited liability company organized under the laws of Delaware with its principal place of business in The Woodlands.

    According to the complaint, U.S. Patent No. 7,044,994 was issued to inventor Randolph S. Porubcan on May 16, 2006, for Fertilizer Compositions and Methods of Making and Using the Same.

    Porubcan assigned the '994 Patent to plaintiff Microbes. Microbes has entered into a license agreement with Rhizogen as an exclusive licensee of the '994 Patent.

    The plaintiff claims defendant Espoma is liable for at least direct infringement of the '994 Patent. Defendant Advanced Microbial Solutions is liable as an indirect infringer of the '994 Patent based on its inducement of infringement.

    Defendant Calloway's Nursery Inc. has infringed and continues to infringe the '994 Patent and is liable for at least direct infringement.

    "The infringement by Defendants Espoma, AMS and Calloway's has caused damage to Plaintiffs, who are entitled to recover from Defendants the damages sustained by Plaintiffs as a result of Defendants' wrongful acts in an amount subject to proof at trial," the complaint states.

    The plaintiff is seeking an accounting of damages by defendants, actual damages, supplemental damages, interest, injunctive relief, attorneys' fees, costs and other just and equitable relief. The plaintiff is demanding a trial by jury.

    Dale Jefferson of Martin, Disiere, Jefferson & Wisdom LLP in Houston is lead counsel for the plaintiff, with attorneys from Ireland, Carroll & Kelley PC in Tyler.

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

    Case No. 2:09-cv-237-TJW

    Tyler Division

    Aug. 10

  • Raylon LLC vs. Complus Data Innovations et al

    Plaintiff Raylon is a Texas limited liability company with its principal place of business in Tyler.

    It claims to be the owner by assignment of U.S. Patent No. 6,655,589 issued Dec. 2, 2003, for an Identification Investigating and Ticket Issuing System. The '589 Patent was assigned to Raylon by DeWayne Humber on July 21.

    The '589 Patent covers a system for identification investigation and traffic citation issuance including a programmed hand-held device having housing, input assembly, transceiver and display which is used with a printer for printing out traffic citations or other information.

    The system also uses the identification information from an identification card, such as a driver's license, found on magnetic strip memory.

    The plaintiff alleges that defendants Complus Data Innovations, Casio America Inc. and Casio Computer Co. Ltd. make, use or sell a system that possesses all the claimed elements in or more of the claims in the '589 Patent.

    "Police officers or other government officials use the Defendants' system in the United States � to investigate identification information and/or issue traffic citations," the complaint states.

    The plaintiff claims the defendants' infringements have caused and will continue to cause immediate and irreparable injury to plaintiff. It also claims the infringement has been willful and deliberate and in flagrant disregard of plaintiff's rights under the '589 Patent.

    The plaintiff is seeking a preliminary and permanent injunction against defendants, compensatory and enhanced damages, attorneys' fees, interest and expenses.

    In the event a permanent injunction preventing future acts of infringement is not granted, the plaintiff seeks supplemental damages, royalty fees and/or license fees on all estimated future revenue resulting directly or indirectly from the defendants' infringements.

    D. Scott Hemingway of Hemingway & Hansen LLP in Dallas is representing the plaintiff.

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

    Case No. 6:09-cv-355-LED

  • Raylon LLC vs. Advanced Public Safety Inc. et al

    Plaintiff Raylon is a Texas limited liability company with its principal place of business in Tyler.

    It claims to be the owner by assignment of U.S. Patent No. 6,655,589 issued Dec. 2, 2003, for an Identification Investigating and Ticket Issuing System. The '589 Patent was assigned to Raylon by DeWayne Humber on July 21.

    The '589 Patent covers a system for identification investigation and traffic citation issuance including a programmed hand-held device having housing, input assembly, transceiver and display which is used with a printer for printing out traffic citations or other information.

    The system also uses the identification information from an identification card, such as a driver's license, found on magnetic strip memory.

    The plaintiff alleges that defendants Advanced Public Safety Inc., Casio America Inc. and Casio Computer Co. Ltd. make, use or sell a system that possesses all the claimed elements in or more of the claims in the '589 Patent.

    "Police officers or other government officials use the Defendants' system in the United States � to investigate identification information and/or issue traffic citations," the complaint states.

    The plaintiff claims the defendants' infringements have caused and will continue to cause immediate and irreparable injury to plaintiff. It also claims the infringement has been willful and deliberate and in flagrant disregard of plaintiff's rights under the '589 Patent.

    The plaintiff is seeking a preliminary and permanent injunction against defendants, compensatory and enhanced damages, attorneys' fees, interest and expenses.

    In the event a permanent injunction preventing future acts of infringement is not granted, the plaintiff seeks supplemental damages, royalty fees and/or license fees on all estimated future revenue resulting directly or indirectly from the defendants' infringements.

    D. Scott Hemingway of Hemingway & Hansen LLP in Dallas is representing the plaintiff.

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

    Case No. 6:09-cv-356-LED

  • Raylon LLC vs. EZ Tag Corp. et al

    Plaintiff Raylon is a Texas limited liability company with its principal place of business in Tyler.

    It claims to be the owner by assignment of U.S. Patent No. 6,655,589 issued Dec. 2, 2003, for an Identification Investigating and Ticket Issuing System. The '589 Patent was assigned to Raylon by DeWayne Humber on July 21.

    The '589 Patent covers a system for identification investigation and traffic citation issuance including a programmed hand-held device having housing, input assembly, transceiver and display which is used with a printer for printing out traffic citations or other information.

    The system also uses the identification information from an identification card, such as a driver's license, found on magnetic strip memory.

    The plaintiff alleges that defendants EZ Tag Corp., Casio America Inc. and Casio Computer Co. Ltd. make, use or sell a system that possesses all the claimed elements in or more of the claims in the '589 Patent.

    "Police officers or other government officials use the Defendants' system in the United States � to investigate identification information and/or issue traffic citations," the complaint states.

    The plaintiff claims the defendants' infringements have caused and will continue to cause immediate and irreparable injury to plaintiff. It also claims the infringement has been willful and deliberate and in flagrant disregard of plaintiff's rights under the '589 Patent.

    The plaintiff is seeking a preliminary and permanent injunction against defendants, compensatory and enhanced damages, attorneys' fees, interest and expenses.

    In the event a permanent injunction preventing future acts of infringement is not granted, the plaintiff seeks supplemental damages, royalty fees and/or license fees on all estimated future revenues resulting directly or indirectly from the defendants' infringements.

    D. Scott Hemingway of Hemingway & Hansen LLP in Dallas is representing the plaintiff.

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

    Case No. 6:09-cv-357-LED

    Lufkin Division

    Aug. 10

  • Blackboard Inc. vs. Desire2Learn Inc.

    Plaintiff Blackboard Inc. claims to own the rights to U.S. Patent No. 7,558,853 issued July 7, 2009, for an Internet-Based Education Support System and Method.

    According to the complaint, the '853 Patent is related to U.S. Patent No. 7,493,396, which is the subject of Blackboard Inc. vs. Desire2Learn Inc. currently pending in the Eastern District of Texas (Case No. 9:09-cv-40).

    On March 16, Blackboard sued Desire2Learn alleging infringement of the '396 Patent. Desire2Learn has denied infringing a valid patent. The case management conference is set for Aug. 24. Trial is set for Nov. 8, 2010.

    On July 6, Desire2Learn sued Blackboard in the U.S. District Court for the District of Maryland seeking a declaratory judgment of non-infringement and invalidity of the '853 Patent. The Maryland court lacks subject matter jurisdiction over the complaint in that case. Accordingly, this complaint represents the first-filed action regarding the '853 Patent.

    Blackboard alleges Desire2Learn infringes the '853 Patent through its eLearning Enterprise Suite, Desire2Learn Learning Environment, Learning Repository, ePortfolio, LiveRoom, Essentials, To Go, Competencies, the Holding Tank, Web Services and all services supporting these Desire2Learn products.

    The plaintiff alleges the defendant directly infringes, contributes and induces infringement and willfully infringes the '853 Patent.

    Blackboard seeks an injunction against further infringement, an accounting of all damages, compensatory damages, treble damages, interest, attorneys' fees and costs. Blackboard demands a trial by jury.

    J. Thad Heartfield of Beaumont is representing the plaintiff.

    Court assignment is pending.

    Case No. 9:09-cv-129

  • More News