Marshall Division

Nov. 5

  • Nichia Corp. vs. Jiawei North America Inc. et al

    Plaintiff Nichia Corp. claims to be the owner by assignment of four patents dealing with light emitting diodes.

    The patents-in-suit are:

    U.S. Patent No. 5,998,925 issued Dec. 7, 1999, for a Light Emitting Device Having a Nitride Compound Semiconductor and a Phosphor Containing a Garnet Fluorescent Material.

    U.S. Patent No. 7,026,756 issued April 11, 2006, for a Light Emitting Device with Blue Light LED and Phosphor Components

    U.S. Patent No. 7,531,960 issued May 12, 2009, for a Light Emitting Device with Blue LED and Phosphor Components

    U.S. Patent No. 6,870,191 issued March 22, 2005, for a Semiconductor Light Emitting Device

    The plaintiff alleges defendants Jiawei North America Inc., Jiawei Technology Ltd. and Shenzhen Jiawei Industries Co. Ltd. (collectively Jiaweir) are infringing the patents-in-suit.

    "Upon information and belief, Defendants have infringed and continue to infringe one or more of the claims of the patents, directly, contributorily, and/or by inducement, by making, using, selling, offering for sale and/or importing in this country (and in this judicial district), and inducing others to use, without license, certain devices containing infringing LEDs," the complaint states.

    The plaintiff is seeking a permanent injunction enjoining defendants from further infringement, compensatory damages, interest, treble damages for willful infringement, costs, attorneys' fees and other relief deemed just and proper.

    A jury trial has been demanded.

    Otis Carroll, Collin Maloney and Mandy Carroll Nelson of Ireland, Carroll & Kelley PC in Tyler are representing the plaintiff. Attorneys from Foley & Lardner LLP in Washington, D.C., are of counsel.

    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-346-TJW-CE

    Nov. 6

  • Allergan Inc. vs. Alcon Laboratories Inc. et al

    Plaintiff Allergan claims to own the rights to three patents for a Combination of Brimonidine Timolol for Topical Ophthalmic Use issued to inventors Chin-Ming Chang, Gary J. Beck, Cynthia C. Pratt and Amy L. Batoosingh.

    The patents-in-suit are:

    U.S. Patent No. 7,030,149 issued April 18, 2006
    U.S. Patent No. 7,320,976 issued Jan. 22, 2008
    U.S. Patent No. 7,323,463 issued Jan. 29, 2008

    Defendants Alcon Research Ltd. and Alcon Laboratories Inc. are general partners. Alcon Inc. is a related Swiss company and Falcon Pharmaceuticals Ltd. is a generic pharmaceutical subsidiary of Alcon Inc.

    According to the complaint, Allergan received a letter dated Sept. 25 from defendant Alcon stating that Alcon had filed Abbreviated New Drug Application No. 91-574 and sought to engage in the manufacture and sale of a generic version of Allergan's Combigan product before the expiration of the patents-in-suit.

    The Sept. 25 letter alleged that the claims of the '149, '976 and '463 patents were invalid, unenforceable and/or would not be infringed by the commercial manufacture, use or sale of Alcon's proposed Brimonidine Tartrate and Timolol Maleate Ophthalmic Solution.

    Alcon claimed the proposed ophthalmic product would not infringe Allergan's Combigan product. However Allergan alleges Alcon is infringing the patents-in-suit.

    "The commercial manufacture, use, offer for sale, sale and/or importation of Alcon's proposed generic Brimonidine Tartrate and Timolol Maleate Ophthalmic Solution, 0.2%/0.5% in violation of Allergan's patent rights will cause harm to Allergan," the complaint states.

    Allergan states Alcon has not disclosed its formulation, so "Allergan resorts to the judicial process and the aid of discovery to obtain under appropriate judicial safeguards such information as is required to confirm their allegations of infringement and to present to the Court evidence that Defendants' proposed product falls within the scope of one or more claims of the patent."

    Allergen is seeking an order that the effective date of Alcon's ANDA shall be a date which is not earlier than the expiration date of the '149, '976 and '463 Patents.

    The plaintiff also seeks injunctive relief, compensatory and treble damages, attorneys' fees, costs and other just and proper relief.

    Collin Maloney of Ireland, Carroll & Kelley PC in Tyler, with attorneys from Fish & Richardson PC are representing the plaintiff.

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

    Case No. 2:09-cv-348-TJW

    Tyler Division

    Nov. 4

  • Child Protect LLC vs. Sprint Nextel Corp. et al

    Plaintiff Child Protect is a Texas limited liability company located in Frisco claiming to own the rights to two patents for telephone location systems.

    The patents-in-suit are:

    U.S. Patent No. 7,046,782 for a Telephone Call Control System and Methods
    U.S. Patent No. 7,515,700 for Methods for Controlling Telephone Position Reporting

    The plaintiff alleges defendants Sprint Nextel, AT&T, Verizon, Alltel,Virgin Mobile and Helio are infringing the patents through products including the Sprint Family Locator, AT&T Family Map, Verizon Chaperone, Alltel Family Finder and the Buddy Beacon.

    "Defendants' actions complained of herein are causing irreparable harm and monetary damage to Plaintiff and will continue to do so unless and until Defendants are enjoined and restrained by this court," the complaint states.

    The plaintiff is seeking compensatory and treble damages, attorneys' fees, interest, costs and other equitable relief.

    Child Protect is also asking the court to order the impounding and destruction of all defendants' products that infringe the '782 and '700 Patent.

    Eric Albritton of Albritton Law Firm in Longview and attorneys from The Simon Law Firm PC in St. Louis, Mo., are representing the plaintiff.

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

    Case No. 6:09-cv-498-LED

    Nov. 5

  • Joao Control & Monitoring Systems of Texas LLC vs. Playboy Enterprises Inc. et al

    Plaintiff Joao is a Texas limited liability company located in Marshall.

    Joao claims to own the rights to U.S. Patent No. 7,277,010 issued Oct. 2, 2007, for a Monitoring Apparatus and Method.

    The plaintiff alleges that more than a dozen companies infringe the '010 Patent by making, using or selling video monitoring and communications apparatus and services including Web sites.

    Defendants are Playboy Enterprises, Penthouse Media Group, LFP Internet Group, Steamray Inc., Truebeginnings, Woo Media, Vivid Entertainment, Club Jenna, Anabolic Video Productions, Game Link, Evil Angel Productions, New Destiny Internet Group and Shane Enterprises.

    Some of the allegedly infringing Web sites include www.playboylive.com, www.spicelive.com, penthouse.com, www.adultfriendfinder.com, www.hustlerlive.com, www.true.com, www.woome.com and www.clubjennalive.com.

    "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, together with interest and costs as fixed by this Court,"

    Joao is seeking compensatory damages no less than a reasonable royalty, increased damages, attorneys' fees, costs, a permanent injunction and other relief deemed just and proper.

    Andrew Spangler of Spangler Law PC in Longview is representing the plaintiff.

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

    Case No. 6:09-cv-499-LED

    Nov. 10

  • Bareis Technologies LLC vs Ubisoft Inc. et al

    Plaintiff Bareis Technologies is a Texas corporation with its principal place of business in Plano.

    Bareis is a developer of semiconductor system solutions for wireless and other network communications products, including personal computers, networking equipment and consumer devices.

    The plaintiff claims to own the rights to U.S. Patent No. 5,617,407 issued April 1, 1997, for an Optical Disk Having Speech Recognition Templates for Information Access. In general, the patent relates to optical disks with speech recognition templates used to access information.

    The plaintiff alleges defendants are Ubisoft, Sony Computer Entertainment, Electronic Arts Inc. and Disney Interactive Studios are infringing the 407 Patent.

    The allegedly infringing products include SoCom: U.S. Navy SEALs, NASCAR 06, Phonics Quest and others.

    "Accordingly, the Defendants' acts of infringement of the '407 patent, as alleged above, has injured Plaintiff and thus, Plaintiff is entitled to recover damages adequate to compensate it for Defendants' acts of infringement, which in no event can be less than a reasonable royalty" the original complaint states.

    Bareis seeks compensatory damages, interest, attorneys' fees, costs and other relief deemed just and proper.

    Matthew J.M. Prebeg of Goldstein, Faucett & Prebeg LLP in Houston is representing the plaintiff.

    Case assignment is pending.

    Case No. 6:09-cv-514

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