Marshall Division

Aug. 14

  • Ambato Media LLC vs. Clarion Co. Ltd. et al

    Plaintiff Ambato claims to own the rights to U.S. Patent No. 5,432,542 issued July 11, 1995, for a Television Receiver Location Identification.

    Ambato alleges the defendants have infringed the '542 Patent by making, using or selling navigation devices able to receive and display traffic, weather or points of interest information.

    The defendants named in the suit are Clarion, Delphi, Fujitsu, Garmin, Victor Co. of Japan, JVC, LG, Mitac, Mio Technology, Navigon, Nextar, Panasonic, Pioneer, Sanyo and Tom Tom. Along with numerous subsidiaries, the total number of defendants listed in the lawsuit comes to 28.

    "Defendants' acts of infringement have caused reparable and irreparable damage to Ambato, and Ambato will continue to suffer damage unless defendants are enjoined," the complaint states.

    The plaintiff is seeking a temporary, preliminary and permanent injunction against defendants, an order that defendants account for and pay all damages caused by defendants' unlawful acts, increased damages, attorneys' fees, interest, costs and other relief deemed just and proper.

    Ambato Media is represented by Michael C. Smith of Siebman Reynolds Burg Phillips & Smith LLP in Marshall and attorneys from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC in Boston, Mass.

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

    Case No. 2:09-cv-242-TJW

    Aug. 18

  • Traffic Information LLC vs. Yahoo! Inc. et al

    Plaintiff Traffic Information, a Texas limited liability company, claims to own the rights to U.S. Patent No. 6,785,606 issued Aug. 31, 2004, for a System for Providing Traffic Information.

    The plaintiff alleges that Yahoo!, Hewlett-Packard, The American Automobile Association, Rand McNally and MapQuest infringe the '606 Patent by making, using, selling, importing or causing others to use traffic information systems and products and services that are covered by at least one claim of the '606 Patent.

    "Traffic previously notified Defendants Yahoo! and Rand McNally of the '606 Patent," the original complaint states. "On information and belief, Defendants Yahoo! and Rand McNally's infringement of the '606 Patent have therefore been with notice and knowledge of the patent and have been willful and deliberate."

    Traffic claims it has been irreparably damaged to an extent not yet determined.

    The plaintiff is seeking compensatory and increased damages, injunctive relief, interest, attorneys' fees, costs and other just and proper relief.

    Elizabeth DeRieux of Capshaw DeRieux LLP in Longview and attorneys from Polasek, Quisenberry & Errington LLP in Bellaire are representing the plaintiff.

    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-246-TJW-CE

  • Network Backup Corp. vs. AllMyData Inc. et al

    Plaintiff Network Backup Corp. (NBC) is a Texas corporation with its principal place of business in Longview.

    According to the complaint, U.S. Patent No. 5,133,065 was issued July 21, 1992, for a Backup Computer Program for Networks to Edward L. Cheffetz and Ronald C. Searls. At its issuance, the '065 Patent was assigned to Personal Computer Peripherals Corp. and is currently assigned to plaintiff NBC.

    Network Backup Corp. is only asserting claims 6-10, the method claims, and not the system claims of the '065 Patent in this complaint.

    The plaintiff alleges that defendants AllMyData, Best Buy, Carbonite, EMC Corp., Iron Mountain, Netmass, Officeware doing business as FilesAnywhere.com, Pro Softnet and Webroot Software are infringing one or more of the method claims of the '065 Patent.

    The defendants infringe the method by their paid online backup subscription services.

    "Each of the Defendants has committed acts of infringement which have caused damage to NBC (Network Backup Corp.)," the suit states.

    The plaintiff is seeking compensatory damages, interest, costs and other relief deemed just and proper.

    S. Calvin Capshaw of Capshaw DeRieux LLP in Longview and attorneys from Parker, Bunt & Ainsworth PC in Tyler are representing the plaintiff. Attorneys from Vanek, Vickers & Masini PC and The Law Offices of Eugene M. Cummings PC in Chicago are of counsel.

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

    Case No. 2:09-cv-249-TJW

    Texarkana Division

    Aug. 12

  • LG Electronics Inc. vs. Funai Electric Co. Ltd et al

    Plaintiff LG claims to own the rights to three U.S. patents.

    The patents-in-suit are:

    -U.S. Patent No. 5,790,096 issued Aug. 4, 1998, for an Automated Flat Panel Display Control System for Accommodating Broad Range of Video Types and Formats.

    -U.S. Patent No. 5,537,612 issued July 16, 1996, for a Remotely Selectable Audio/Video/Text Disruption.

    -U.S. Patent No. 5,459,522 issued Oct. 17, 1995, for a Method for Acquisition and Display of an On-Screen Program Guide.

    According to the complaint, defendants Funai Electric Co. Ltd., Funai Corp. Inc. and P&F USA Inc. are infringing the patents-in-suit.

    The plaintiff claims the infringements were made with "full knowledge of LG's rights."

    LG is seeking a permanent injunction, compensatory damages, interest, treble damages for willful infringement, attorneys' fees and other just and reasonable relief.

    Ruffin B. Cordell of Fish & Richardson PC in Washington, D.C. is lead attorney for the plaintiff.

    The case has been assigned to U.S. District Judge David Folsom and referred to Magistrate Judge Caroline M. Craven.

    Case No. 5:09-cv-114-DF-CMC

    Tyler Division

    Aug. 14

  • Allvoice Developments US LLC vs. Microsoft Corp.

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

    Allvoice claims to own the rights to U.S. Patent No. 5,799,273 issued Aug. 25, 1998, for Automated Proofreading Using Interface Linking Recognized Word To Their Audio Data While Text Is Being Changed.

    John C. Mitchell, Alan James Heard, Steven Norman Corbett and Nicholas John Daniel were named as inventors.

    According to the complaint, the '273 Patent has been successfully enforced through 10 years of litigation against competitors that challenged its validity and enforceability.

    "The U.S. Court of Appeals for the Federal Circuit rejected excuses for their infringement and confirmed the validity of the '273 Patent," the complaint states. "Ultimately, all competitors that challenged the '273 Patent and others have paid for a license to use the patent-in-suit."

    The complaint describes the '273 Patent as software and related methods for speech recognition systems, that is, systems where a computer translates the spoken words of an end user into text. The text can then be copied into a word processing or other computer application.

    Allvoice claims that the application for the '273 Patent was filed on Sept. 27, 1996.

    "At that time, the Microsoft Windows operating system had been on the market for years," the complaint states. "Yet, Microsoft had failed to implement in that product an interface between the user's applications and the speech recognition engine that enhanced the usability of those products …"

    Allvoice claims that as early as 1997 Microsoft knew of the pending patent application. In addition, the plaintiff claims that John Mitchell, managing director of Allvoice Computing, discussed his company's speech recognition software, known as WordExpress, with Microsoft.

    According to the complaint, Microsoft refused to enter into a business relationship with Allvoice.

    With the development of Windows XP and Windows Vista, however, Microsoft has included Text Services Framework software which Allvoice alleges employs inventions claimed in the '273 Patent.

    The plaintiff is seeking a preliminary and permanent injunction, damages no less than a reasonable royalty, interest, treble damages, attorneys' fees, costs and other just and proper relief.

    Chris P. Perque of Gardere Wynne Sewell LLP in Houston is lead attorney for the plaintiff. Attorneys from Parker, Bunt & Ainsworth PC in Tyler and Capshaw DeRieux LLP in Longview are also representing the plaintiff.

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

    Case No. 6:09-cv-366-LED

  • EMG Technology LLC vs. Microsoft Corp. et al

    Plaintiff EMG Technology is a California limited liability company with offices in Tyler.

    EMG claims to own the rights to two U.S. patents:

    -U.S. Patent No. 7,441,196 issued Oct. 21, 2008, for an Apparatus and Method of Manipulating a Region on a Wireless Device Screen for Viewing, Zooming and Scrolling Internet Content.

    -U.S. Patent No. 7,020,845 issued March 28, 2006, for Navigating Internet Content on a Television Using a Simplified Interface and a Remote Control.

    EMG alleges that defendants Microsoft, Scottrade and Southwest Airlines are infringing the patents-in-suit.

    The plaintiff claims the infringements will continue unless the defendants are enjoined and restrained.

    "It would be difficult to ascertain the amount of compensation that would afford EMG adequate relief for such future and continuing acts, and a multiplicity of judicial proceedings would be required," the complaint states. "EMG does not have an adequate remedy at law to compensate it for the injuries threatened."

    The plaintiff is seeking injunctive relief, compensatory damages including a reasonable royalty, enhanced or exemplary damages, interest, attorneys' fees, costs and other just and proper relief.

    Charles Ainsworth of Parker, Bunt & Ainsworth PC in Tyler is representing the plaintiff. Attorneys from Jeffer, Mangels, Butler and Marmaro LLP in Los Angeles, Calif., and Manatt, Phelps & Phillips LLP in Palo Alto, Calif., are of counsel.

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

    Case No. 6:09-cv-367-LED

    Aug. 18

  • Joao Bock Transaction Systems of Texas LLC vs. American National Bank of Texas et al

    Plaintiff Joao Bock Transaction Systems, a Texas limited liability company based in Marshall, claims to own the rights to U.S. Patent No. 7,096,003 for a Transaction Security Apparatus.

    The '003 Patent was issued on Aug. 22, 2006, to inventors Raymond Anthony Joao and Robert Richard Bock who then assigned the patent to Joao Bock Transaction Systems of Texas LLC.

    The plaintiff alleges defendants American National Bank of Texas, City Bank of Texas, First National Bank Texas, Grand Bank of Texas, LegacyTexas Bank, Main Street Bank and Texas Bank and Trust Co. are infringing the '003 Patent.

    Joao Bock also alleges that the infringements have been willful and deliberate.

    The plaintiff is seeking compensatory damages, interest, treble damages, attorneys' fees, injunctive relief and other just and proper relief.

    Joao Bock is represented by Andrew Spangler of Spangler Law PC in Longview. John Ward and John Olivo Jr. of Ward & Olivo in New York, N.Y., and Doug Bridges of Heninger Garrison Davis in Atlanta, Ga., are of counsel.

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

    Case No. 6:09-cv-368-LED

  • HTI IP LLC and NetworkFleet Inc. vs. Driveok Inc. et al

    Plaintiff HTI IP and its sister company NetworkFleet claims to own the rights to five U.S. patents.

    The patents-in-suit are:

    -U.S. Patent No. 6,594,579 issued July 15, 2003, for an Internet-Based Method for Determining a Vehicle's Fuel Efficiency. Larkin Hill Lowrey, Bruce Lightner, Matthew J. Banet, Diego Borrego, Chuck Myers and James Cowart are named as inventors.

    -U.S. Patent No. 6,604,033 issued Aug. 5, 2003, for a Wireless Diagnostic System for Characterizing a Vehicle's Exhaust Emissions. Banet, Lightner, Borrego, Myers and Lowrey are named as inventors.

    -U.S. Patent No. 6,636,790 issued Oct. 21, 2003, for a Wireless Diagnostic System and Method for Monitoring Vehicles. Lightner, Borrego, Myers and Lowrey are named as inventors.

    -U.S. Patent No. 6,732,031 issued May 4, 2004, for a Wireless Diagnostic System for Vehicles. Lightner, Borrego, Myers and Lowrey are named as inventors.

    -U.S. Patent No. 7,480,551 issued Jan. 20, 2009, for an Internet-Based Vehicle Diagnostic System. Lowrey, Banet, Lightner, Borrego, Myers and Wade Williams are named as inventors.

    The entire rights, title and interest to the patents-in-suit have been assigned to HTI, the complaint states.

    According to the complaint, beginning on Jan. 1, 1996, the Environmental Protection Agency required manufacturers of passenger vehicles and light trucks to install on-board diagnostics (OBD) systems capable of monitoring various diagnostic and performance aspects of the vehicle.

    Among other things, the OBD systems are required to monitor the vehicle's emission control system to detect any malfunction that would cause emissions to exceed EPA standards.

    The suit names defendants DriveOK Inc., doing business as VehiclePath, WebTech Wireless Inc., WebTech Wireless USA Ltd. and Xirgo Technologies LLC.

    The defendants infringe the patents-in-suit by making, using or selling in-vehicle diagnostic monitoring systems, the suit alleges.

    The plaintiff is seeking a preliminary and permanent injunction, compensatory damages, interest, attorneys' fees and other just and proper relief.

    Sam Baxter of McKool Smith PC in Marshall is lead attorney for the plaintiff. Attorneys from Paul, Hastings, Janofsky & Walker LLP are of counsel.

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

    Case No. 6:09-cv-370-LED

    Aug. 19

  • Celltrace LLC vs. MetroPCS Communications Inc. and MetroPCS Wireless Inc.

    Plaintiff Celltrace is a limited liability company with principal places of business located in Newport Beach, Calif., and Frisco, Texas.

    The plaintiff claims to be the owner by assignment of the rights to U.S. Patent No. 7,551,933 issued June 23 for a Telecommunications System.

    Defendants Richardson-based MetroPCS Communications Inc. and MetroPCS Wireless Inc. infringe the '933 Patent by owning, operating and using cellular networks for communicating with cellular telephones via messaging.

    The plaintiff is seeking compensatory damages no less than a reasonable royalty, interest, costs, attorneys' fees and other just and proper relief.

    Brent Bumgardner of Nelson Bumgardner Casto PC in Fort Worth is attorney-in-charge for Celltrace. Attorneys from The Ware Firm in Dallas and Ward & Smith Law Firm in Longview are also representing the plaintiff.

    Court assignment is pending.

    Case No. 6:09-cv-371

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