Marshall Division

Aug. 26

  • TiVo Inc. vs. Verizon Communications Inc.

    According to the complaint, TiVo was founded in 1997 and is a pioneer in the field of digital video recording. TiVo employees, including co-founder James Barton, patented a number of inventions that relate to digital video recording devices, recording device software or personal television services.

    TiVo claims to be the assignee of a number of patents related to video recording which are being infringed.

    The patents-in-suit are:

    U.S. Patent No. 6,233,389, issued May 15, 2001, for a "Multimedia Time Warping System"

    U.S. Patent No. 7,529,465 B2, issued May 5 for a "System for Time Shifting Multimedia Content Streams"

    U.S. Patent No. 7,493,015 B1, issued Feb. 17 for an "Automatic Playback Overshoot Correction System"

    According to the complaint, defendant Verizon provides video services, which includes FiOS TV and other television services, through its Wireline business unit.

    TiVo alleges that Verizon has infringed and continues to infringe the patents-in-suit through FiOS TV.

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

    Sam Baxter of McKool Smith PC in Marshall is lead attorney for the plaintiff. Attorneys from Robins, Kaplan, Miller & Ciresi LLP in Minneapolis, Minn., are acting as co-counsel.

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

    Case No. 2:09-cv-257-TJW

  • Medidea LLC vs. Zimmer Holdings Inc. and Zimmer US Inc.

    Plaintiff Medidea LLC is a Michigan corporation with its principal place of business in Longview.

    Medidea claims it owns the rights to U.S. Patent Nos. 6,200,350 and 6,383,225, which deal with femoral prosthesis' used by orthopedic surgeons. In the suit they are referred to as the "Hip Patents."

    The inventions disclosed by the Hip Patents have been incorporated by defendant Zimmer Holdings Inc., and its subsidiary Zimmer US Inc., into its product lines, including the M/L Taper Hip Prosthesis with Kinectiv Technology, the plaintiff claims.

    "It has been reported by Zimmer that it generated over $1 billion in 2004 revenue related to the sale of hip prosthesis products alone," the complaint states.

    The plaintiff claims Zimmer had actual knowledge of the Hip Patents, making the infringements willful and deliberate.

    In the suit, Medidea also claims five of its patents relating to prosthetic shoulder implants are being infringed.

    The "Shoulder Patents" are:

    U.S. Patent No. 6,267,785
    U.S. Patent No. 6,379,391
    U.S. Patent No. 6,398,812
    U.S. Patent No. 6,821,300
    U.S. Patent No. 7,229,478

    Medidea claims the Shoulder Patents are the result of pioneering research and development conducted in the field of the proper position of a prosthetic shoulder implant.

    "The inventions disclosed by the Shoulder Patents have been incorporated by Zimmer into its product lines, such as, for example, its Anatomical Shoulder Fracture," the complaint states.

    Medidea alleges the infringements were willful and deliberate.

    The plaintiff is seeking injunctive relief, compensatory damages, interest, costs, attorneys' fees, treble damages for willful and deliberate infringement, and other relief deemed proper and just.

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

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

    Case No. 2:09-cv-258-TJW

  • TiVo Inc. vs. AT&T Inc.

    According to the original complaint, plaintiff TiVo is a pioneer in home entertainment and created the first commercially viable digital video recorder.

    "TiVo owns patents to protect its innovative ideas that revolutionize the way consumers access home entertainment," the complaint states.

    The patents-in-suit are:

    U.S. Patent No. 6,233,389 issued May 15, 2001, for a Multimedia Time Warping System;

    U.S. Patent No. 7,493,015 issued Feb. 17 for an Automatic Playback Overshoot Correction System; and

    U.S. Patent No. 7,529,465 issued May 5 for a System for Time Shifting Multimedia Content Streams.

    TiVo alleges defendant AT&T markets the U-verse service which infringes the TiVo patents-in-suit.

    The plaintiff is asking the court for an injunction against AT&T and order AT&T to deliver all infringing products for destruction.

    TiVo is seeking compensatory damages, interest, treble damages for willful infringement, attorneys' fees, costs and other appropriate relief.

    Robert M. Parker of Parker, Bunt & Ainsworth PC in Tyler and attorneys from Irell & Manella LLP in Los Angeles are representing TiVo.

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

    Case No. 2:09-cv-259-TJW

    Aug. 27

  • Weatherford International Inc. et al vs. Halliburton Energy Services Inc. et al

    Plaintiffs Weatherford International Inc. and Weatherford/Lamb Inc. are Delaware corporations with principal locations in Houston.

    According to the complaint, Weatherford/Lamb is the owner by assignment of two U.S. Patents:

    U.S. Patent No. 7,124,831 issued Oct. 24, 2006, for an invention relating to resin impregnated continuous fiber wound plugs; and

    U.S. Patent No. 6,712,153 issued March 30, 2004, for an invention relating to downhole bridge plugs and packers.

    Defendant Halliburton Energy Services Inc. is a Delaware corporation with its place of business in Carrolton, Texas. Defendant General Plastics & Composites LP is a Texas corporation located in Houston.

    The plaintiff alleges Halliburton and General Plastics make, use, sell or offer to sell FasDrill bridge plugs and packers, which infringe the '831 and '153 Patents.

    Weatherford claims the defendants will continue to infringe the patents unless enjoined by the court, and alleges the infringement have been willful and deliberate.

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

    Stephen Cagle of Howrey LLP in Houston is attorney in charge for the plaintiff, along with Elizabeth DeRieux of Capshaw DeRieux LLP in Longview.

    The case has been assigned to U.S. District Judge T. John Ward and referred to Magistrate Judge Charles Everingham.

    Case No. 2:09-cv-261-TJW-CE

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