Plaintiff Wi-Lan claims to be the owner by assignment of U.S. Patent No. 5,956,323 issued Sept. 21, 1999, for a Power Conservation for POTS and Modulated Data Transmission.
Wi-Lan alleges defendant Conexant has infringed, directly and indirectly the '323 Patent by making, using or selling Digital Subscriber Line (DSL) products compliant with the ITU G.992 and/or G.993 standards that fall within the scope of at least one claim of the patent.
"Wi-Lan has no adequate remedy at law against Defendant's acts of infringement and, unless Defendant is enjoined from its infringement of the Patent-in-Suit, Wi-Lan will suffer irreparable harm," the complaint states. "Defendant had knowledge of the Patent-in-Suit and did not cease its infringing activities. Defendant's infringement of the Patent-in-Suit has been willful and deliberate."
The plaintiff is seeking a permanent injunction, compensatory damages, treble damages, costs, attorneys' fees, interest and other relief to which it may be entitled.
Sam Baxter of McKool Smith PC in Marshall is representing the plaintiff.
The case has been assigned to U.S. District Judge T. John Ward.
Case No. 2:09-cv-300-TJW
Plaintiff Eolas is a Texas corporation with its principal place of business in Tyler. According to the plaintiff's complaint, Eolas conducts leading-edge research and development to create innovative technologies in the areas of interactive embedded and distributed applications, systems, data analysis, visualization, collaboration and networking.
"During the past 15 years, Eolas' innovations have enabled corporations around the world to enhance their products and improve their customers' Web site experiences by enabling browsers, in conjunction with servers, to act as platforms for fully interactive embedded applications," the complaint states. "This advanced technology provides rich interactive online experiences for Web users worldwide."
Eolas is claiming infringement of two U.S. patents:
The plaintiff alleges 23 defendants have committed infringement of the '906 and '985 Patents, including Adobe Systems, Amazon.com, Apple, Argosy Publishing, Blockbuster, eBay, Frito-Lay, Google, J.C. Penney Co., JP Morgan Chase, Office Depot, Playboy Enterprises, Rent-A-Center, Staples, Sun Microsystems, Texas Instruments, Yahoo! and YouTube.
The defendants allegedly infringe the patents-in-suit by making, using or selling Web pages and content to be interactively presented in browsers; software that allows content to be interactively presented in or served to browsers; and computer equipment that stores, serves and/or runs any of the aforementioned.
Eolas claims it has suffered and will continue to suffer injury and damages in an amount to be determined at trial.
The plaintiff also alleges the infringements have been willful and deliberate.
Eolas is seeking a preliminary and permanent injunction, compensatory and treble damages, costs, interest, attorneys' fees and other just and equitable relief.
Mike McKool of McKool Smith PC in Dallas is lead attorney for the plaintiff.
Court assignment is pending.
Case No. 6:09-cv-446