Marshall Division

Oct. 15

  • Mortgage Grader Inc. vs. BankLoans.com LLC et al

    Plaintiff Mortgage Grader, a Delaware corporation with a place of business in Marshall, claims to be the owner by assignment of U.S. Patent No. 7,366,694 issued April 29, 2008, for a Credit/Financing Process.

    Mortgage Grader alleges defendants are infringing the '694 Patent by making, using or selling an online mortgage marketplace. Defendants named in the suit are BankLoans.com LLC, Mortgagebot LLC, Zillow Inc., Amerisave Mortgage Corp., American Internet Mortgage Inc. and American Heritage Capital LP doing business as AHC Lending.

    "Each of Defendants' activities has been without authority and/or license from Plaintiff," the complaint states. "Plaintiff is entitled to recover from the Defendants the damages sustained by Plaintiff as a result of the Defendants' wrongful acts in an amount subject to proof at trial, which by law cannot be less than a reasonable royalty ..."

    The plaintiff is seeking compensatory and treble damages, interest, a permanent injunction, attorneys' fees, costs and other relief the court deems just and proper.

    Andrew Spangler of Spangler Law PC in Longview is representing the plaintiff. Attorneys from Ward & Olivo in New York, N.Y., are of counsel.

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

    Case No. 2:09-cv-319-TJW

    Oct. 20

  • John B. Adrain vs. Tannery Creek Systems Inc. et al

    Plaintiff John B. Adrain is an individual residing in Spokane, Wash., and is the inventor of owner of the rights and interest of U.S. Patent No. 5,831,669 issued Nov. 3, 1998, for a Facility Monitoring System with Image Memory and Correlation.

    Adrain alleges defendants Tannery Creek Systems and CitySync Ltd. are infringing the '669 Patent by making, using or selling monitoring systems including license plate recognition systems and devices or mobile digital chalking enforcement systems.

    The plaintiff claims defendant CitySync has been previously notified of the '669 Patent.

    "Despite such notification, CitySync has continued its infringement of the '669 Patent," the complaint states. "On information and belief, defendant CitySync's infringement of the '669 Patent has therefore been with notice and knowledge of the patent and has been willful and deliberate."

    Adrain is seeking compensatory and treble damages, a permanent injunction, interest, attorneys' fees, costs and other just and proper relief.

    Elizabeth DeRieux and Calvin Capshaw of Capshaw DeRieux LLP in Longview; Otis Carroll of Ireland, Carroll & Kelley PC in Tyler; 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 pretrial proceedings.

    Case No. 2:09-cv-326-TJW-CE

    Tyler Division

    Oct. 9

  • U.S. Ethernet Innovations LLC vs Acer Inc. et al

    Plaintiff U.S. Ethernet Innovations (USEI) is a Texas limited liability corporation with its principal place of business in Tyler.

    USEI claims to be the owner by assignment of four patents originally issued to 3Com Corp.

    The patents-in-suit are:

    U.S. Patent No. 5,307,459 issued April 26, 1994, for a Network Adapter with Host Indication Optimization

    U.S. Patent No. 5,434,872 issued July 18, 1995, for an Apparatus for Automatic Initiation of Data Transmission

    U.S. Patent No. 5,732,094 issued March 24, 1998, for a Method for Automatic Initiation of Data Transmission

    U.S. Patent No. 5,299,313 issued March 29, 1994, for a Network Interface with Host Independent Buffer Management

    The plaintiff alleges defendant companies Acer, Apple, ASUS, Dell, Fujitsu, Gateway, Hewlett Packard, Sony and Toshiba, along with their subsidiaries, are infringing the patents-in-suit.

    Some of the accused products named in the suit include the Acer Travelmate and Aspire, Apple Macbook Pro, certain Dell Intel and Inspiron products, Fujitsu Lifebook, certain HP Pavilion products, Sony VAIO and Toshiba Satellite and Tecra.

    USEI claims it has sustained damages as a result of the defendants' wrongful acts and it will continue to be irreparably harmed unless enjoined by the court. The plaintiff also alleges the infringements have been willful and deliberate.

    The plaintiff is seeking compensatory and treble damages, injunctive relief, interest, costs, attorneys' fees and other relief deemed just and equitable. A jury trial is demanded.

    T. John Ward Jr. of Ward & Smith Law Firm in Longview and attorneys from Coughlin Stoia Geller Rudman & Robbins LLP in Atlanta, Ga., are representing the plaintiff.

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

    Case No. 6:09-cv-448-LED

    Oct. 20

  • Clear With Computers LLC vs. Hyundai Motor America Inc.

    Plaintiff Clear With Computers (CWC), formerly known as Orion IP LLC, is a Texas limited liability company with its principal place of business in Marshall.

    CWC claims to own the rights to U.S. Patent No. 7,606,739 issued Oct. 20, 2009, for an Electronic Proposal Preparation System. Jerome D. Johnson is listed as the inventor of the '739 Patent.

    According to the complaint, defendant Hyundai has been and now is directly infringing, inducing infringement or contributing to the infringement of the '739 Patent.

    The infringing activities include the manufacture or use of supply chain methods, supply chain systems, sales methods, sales systems, marketing methods, marketing systems, inventory methods or inventory systems in connection with various Web sites.

    The Web sites include www.hyundaiusa.com, www.hyundaigenesis.com, the Hyundai Dealer Communication System and www.elantratouring.com.

    CWC alleges the infringements have been willful and deliberate.

    The plaintiff is seeking a permanent injunction against Hyundai, compensatory damages, enhanced damages, costs, expenses, interest, attorneys' fees and other relief to which it may be entitled.

    CWC has also demanded a trial by jury.

    Andrew Spangler of Spangler Law PC in Marshall; Mark Fenster of Russ, August & Kabat in Los Angeles, Calif.; and Debera Hepburn of Hepburn Law Firm PLLC in Carrollton are representing the plaintiff.

    Court assignment is pending.

    Case No. 6:09-cv-479

  • Clear With Computers vs. Bergdorf Goodman Inc. et al

    Plaintiff Clear With Computers (CWC), formerly known as Orion IP LLC, is a Texas limited liability company with its principal place of business in Marshall.

    CWC claims to own the rights to U.S. Patent No. 7,606,739 issued Oct. 20, 2009, for an Electronic Proposal Preparation System. Jerome D. Johnson is listed as the inventor of the '739 Patent.

    The plaintiff alleges that a variety of companies from fashion retailers to industrial contractors are infringing the '739 Patent.

    Defendants include Bergdorf Goodman, Boeing, Broyhill, Carrier, Crutchfield, Dacor, eBay, Espon, GSI, Halliburton, Hasbro, Hyundai Heavy Industries, J. Jill, Kate Spade, Neiman Marcus, Horchow, Otis Elevator, Pitney Bowes, Polo Ralph Lauren, QVC, Sikorsky Aircraft, Sub-Zero, Talbots, United Technologies Corp. and UTC Fire & Security.

    Infringing activities include defendants' Web sites using supply chain methods, sales methods, sales systems, marketing methods, marketing systems and inventory methods covered by the '739 Patent.

    CWC is seeking a permanent injunction against defendants, compensatory damages, costs, expenses, interest, enhanced damages, attorneys' fees and other relief to which it may be entitled.

    CWC has also demanded a trial by jury.

    Andrew Spangler of Spangler Law PC in Marshall; Mark Fenster of Russ, August & Kabat in Los Angeles, Calif.; and Debera Hepburn of Hepburn Law Firm PLLC in Carrollton are representing the plaintiff.

    Court assignment is pending.

    Case No. 6:09-cv-481

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