Marshall Division
Oct. 7
Plaintiff Leon Stambler is an individual residing in Florida.
U.S. Patent No. 5,793,302 issued Aug. 11, 1998, for a Method for Securing Information Relevant to a Transaction
U.S. Patent No. 5,974,148 issued Oct.26, 1999, for a Method for Securing Information Relevant to a Transaction
Defendants have infringed the patents-in-suit by providing secure online payment systems and services to customers acquiring goods and services through the defendants' interactive online Web sites.
Stambler alleges the defendants are aware of the patents-in-suit and have knowledge of the infringing nature of their activities, but have nevertheless continued their infringing activities.
The suit claims that specifically, at least Amazon.com and Barnes & Noble were previously provided written notice of the '302 and '148 Patents.
Defendants include Amazon.com, American Airlines, Barnes & Noble, Best Buy, Dell, Expedia, Gamestop, The Home Depot, Hotels.com, J.C. Penney, Macy's, Neiman Marcus, Office Depot, Office Max, QVC, Sears, Staples, Target, Ticketmaster, Travelocity and Victoria's Secret.
Stambler is seeking compensatory and treble damages, interest, attorneys' fees, costs and other relief deemed just and proper under the circumstances. A jury trial is requested.
Brent Bumgardner of Nelso Bumgardner Casto PC is attorney-in-charge for the plaintiff, with Eric Albritton and T. John Ward Jr. of Longview and Ronald Dubner of Plano.
The case has been assigned to U.S. District Judge David Folsom.
Case No. 2:09-cv-310-DF
Oct. 8
Plaintiff Online News Link is a Texas limited liability company with its principal place of business in Newport Beach, Calif.
The plaintiff claims to own the rights to U.S. Patent No. 7,508,789 issued March 24, 2009, for an Information Distribution and Processing System.
Online News Link alleges defendants Apple Inc., Dow Jones & Co., Investors Business Daily, Forbes Media, TheStreet.com, Morningstar Inc., A.H. Belo and The Dallas Morning News are infringing the '789 Patent.
According to the complaint, defendant Apple infringes the '789 Patent through its operation of iTunes and the e-mail and Web based products and services offered via iTunes.
Other defendants infringe the '789 Patent through Web sites such as www.wsj.com, www.marketwatch.com, www.barrons.com, www.forbes.com, www.investors.com, www.thestreet.com and www.dallasnews.com.
The plaintiff is seeking compensatory damages no less than a reasonable royalty, interest, costs, attorneys' fees and other just and proper relief. A jury trial is requested.
Edward R. Nelson III of Nelson Bumgardner Casto PC in Fort Worth and T. John Ward Jr. of Ward & Smith Law Firm in Longview are representing the plaintiff.
The case has been assigned to U.S. District Judge David Folsom.
Case No. 2:09-cv-312-DF
Oct. 9
Plaintiff Charles E. Hill & Associates is a Delaware corporation with its principal place of business in Jefferson, Texas.
According to the complaint, Hill owns the rights to three patents:
U.S. Patent No. 5,528,490 issued June 18, 1996, relating to an electronic catalog system and method for producing information related to a selected product on a remote computer
U.S. Patent 5,761,649 issued June 2, 1998, relating to a method for updating a remote computer as a means of storing product data
U.S. Patent 6,029,142 issued Feb. 22, 2000, relating to an electronic catalog system and method to display product information data
The plaintiff alleges defendants are infringing the patents-in-suit through their respective electronic catalogs.
Defendants named in the suit are ABT Electronics Inc., Bluefly Inc., Coastal Contacts Inc., The Estee Lauder Cos. Inc., Improvement Direct Inc., PetMed Express Inc. and Polo Ralph Lauren Corp.
Hill claims the defendants' infringements have caused immediate and irreparable harm to Hill unless the court enjoins and restrains the defendants' activities.
The plaintiff is seeking compensatory and enhanced damages, interest, costs, expenses, attorneys' fees and other just and equitable relief.
Scott E. Stevens of Stevens Love in Longview is lead attorney for the plaintiff, along with attorneys from Baker & Daniels LLP in Indianapolis, Ind.
The case has been assigned to U.S. District Judge T. John Ward and referred to Magistrate Judge Charles Everingham for pretrial proceedings.
Case No. 2:09-cv-313-TJW-CE
Oct. 12
Plaintiff Bullet Proof Technology is a Texas limited liability company with its principal place of business in Marshall.
According to the complaint, BPT claims to own the rights to U.S. Patent No. 6,558,270 issued May 6, 2003, for a grip.
BPT alleges defendants Renthal Ltd., Renthal America Inc., Plano Fun Center Inc. doing business as Plano Kawasaki Suzuki, BG Motorsports LP doing business as Golden Triangle Powersports are infringing the '270 Patent by marketing, using or selling Dual Compound Grips with KEVLAR brand resin.
"BPT is entitled to recover from Defendants the damages sustained by BPT as a result of Defendantss wrongful acts in an amount subject to proof at trial," the complaint states. "Upon information and belief, Defendants' infringement of the '270 Patent has been willful and deliberate, entitling BPT to enhanced damages ..."
The plaintiff is seeking compensatory damages, treble damages for willful infringement, costs, attorneys' fees and other relief the court deems just and proper. A jury trial is requested.
William E. Davis III of The Davis Firm PC in Longview is representing the plaintiff.
The case has been assigned to U.S. District Judge T. John Ward and referred to Magistrate Judge Charles Everingham for pretrial proceedings.
Case No. 2:09-cv-316-TJW-CE