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Marshall Division

Nov. 11

  • Achates Reference Publishing Inc. vs. BMC Software Inc. et al

    Plaintiff Achates is a Texas corporation having an address in Longview.

    According to the complaint, Achates owns the right to two patents for an information distributing product.

    The patents are:

    - U.S. Patent No. 5,982,889 issued Nov. 9, 1999, for a Method and Apparatus for Distributing Information Products with Jason Paul DeMont as sole inventor.

    - U.S. Patent 6,173,403 issued Jan. 9, 2002, for a Method and Apparatus for Distributing Information Products with Jason Paul DeMont as sole inventor. The '403 Patent is a continuation-in-part of the '889 Patent.

    Achates claims it is the owner by assignment of all rights, title and interest to the '889 and '403 Patents.

    The plaintiff alleges nine defendant companies have infringed the patents. The defendants are BMC Software Inc., Borland Software Corp., Citrix Systems Inc., The MathWorks Inc., Dassault Systemes Solidworks Corp., MindJet LLC, McAfee Corp., Bentley Systems Inc. and Intuit Inc.

    Achates alleges the infringements have been willful.

    The plaintiff is seeking damages adequate to compensate for the infringement, treble damages for willful infringement, a permanent injunction enjoining defendants from further infringement, attorneys' fees and other just and equitable relief.

    A jury trial is demanded.

    Elizabeth L. DeRieux of Capshaw DeRieux LLP in Longview and attorneys from Parker, Bunt & Ainsworth in Tyler are representing the plaintiff.

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

    Case No. 2:09-cv-355-TJW

  • Light Transformation Technologies LLC vs Anderson Custom Electronics Inc., et al

    Plaintiff Light Transformation Technologies (LTT), a Texas limited liability company, claims to be the exclusive licensee under U.S. Patent No. 6,543,911 issued April 8, 2003, for a Highly Efficient Luminaire Having Optical Transformer Providing Precalculated Angular Intensity Distribution and Method Therefore.

    On information and belief, LTT alleges several companies are infringing the '911 Patent.

    The defendants listed in the complaint are:

    Anderson Custom Electronics Inc.
    Dialight Corp.
    Digi-Key Corp.
    Digi-Key International Sales Corp.
    Fraen Corp.
    Fraen SRL Holding Co.
    Future Electronics Corp.
    LED Lighting Supply LLC
    Leddynamics Inc. dba LED Supply
    Marubeni America Corp.
    Osram Sylvania Inc.
    Philips Lumileds Lighting Co. LLC
    Philips Solid-State Lighting Solutions, dba Philips Color Kinetics and
    Volkswagen Group of America Inc. dba Audi of America Inc.

    According to the complaint, defendants have infringed the '911 Patent by using, importing and selling lenses designed for use with various manufacturers' light emitting diodes.

    "Upon information and belief, Defendants have at all relevant times, been aware of the '911 Patent, and their infringement has been willful and objectively reckless, justifying the award of treble damages ..." the complaint states.

    LTT is seeking a permanent injunction enjoining defendants from further infringement, compensatory damages, costs, interest, enhanced damages, attorneys' fees and any relief to which it may be entitled.

    A jury trial is demanded.

    Henry Pogorzelski of Collins, Edmonds & Pogorzelski PLLC in Houston is lead counsel for 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-354-TJW-CE

  • Light Transformation Technologies LLC vs. Alliance Electronics Corp. et al

    Plaintiff Light Transformation Technologies (LTT), a Texas limited liability with a place of business in Frisco, claims to own the rights to U.S. Patent No. 6,543,911. The '911 Patent was issued April 8, 2003, for a Highly Efficient Luminaire Having Optical Transformer Provider Precalculated Angular Intensity Distribution and Method Therefore.

    According to the complaint, LTT alleges defendants Alliance Electronics Corp. doing business as Khatod USA, Fraen SRL, Khatod Optoelectronics SRL, Ledil OY and Polymer Optics Ltd. have infringed the '911 Patent.

    The plaintiff claims defendants have infringed the '911 Patent by making, using, importing or selling various manufacturers' light emitting diodes.

    "As a result of Defendants' infringing conduct, Defendants have damaged LTT," the original complaint states. "Defendants are liable to LTT in an amount that adequately compensates LTT for their infringement, which, by law, can be no less than a reasonable royalty."

    LTT is seeking a permanent injunction enjoining defendants from infringement, compensatory damages, costs, expenses, interest, enhanced damages for willful infringement, attorneys' fees and other relief to which LTT may be entitled.

    A jury trial is demanded.

    Henry Pogorzelski of Collins, Edmonds & Pogorzelski PLLC in Houston is lead counsel for the plaintiff.

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

    Case No. 2:09-cv-357-TJW

    Nov. 12

  • Mass Engineered Design Inc. and Jerry Moscovitch vs. 9X Media Inc., et al

    According to the complaint, U.S. Patent No. 5,687,939 was issued Dec. 5, 2000, for an invention titled Dual Display System.

    The '939 Patent was reissued as Patent No. RE 36,978. Jerry Moscovitch is listed as the sole owner of the '978 Patent and has licensed it to plaintiff Mass Engineered Design Inc.

    The plaintiff's original complaint names 30 defendants that have allegedly infringed the '978 Patent.

    The defendants are:

    9X Media Inc., Planar Systems Inc., ATDEC PTY Ltd., Ergotech Group Inc., Human Scale Corp., Innovative Office Products Inc., Naples Technology Inc., Workrite Ergonomics Inc., Knoll Inc., SpaceCo Business Solutions Inc., PFG Ventures LP dba Proforma American Filing Solutions, Custom Products and Services Inc., E-Filliate Inc. dba Ziotek, Progressive Marketing Products Inc. dba Premier Mounts and AFC Industries Inc.

    Also ESI Ergonomic Solutions LLC, Media Mounts Inc., Eizo Nanao Technologies Inc., Herman Miller Inc., Wall Street Trading Desks Inc., Sallas Industrial Co. Ltd., Grand Stands Inc., Ergonomic Accessories International Corp., Targus Inc., K and A Manufacturing Inc. dba Right Angle Products, Ergotect Corp. dba Ergomart.com, Vartech Systems Inc., Woodtronics Inc. and SBFI North America.

    The defendants have infringed the '978 Patent by making, using and selling multi-display units and adjustable mounting units, the plaintiff alleges.

    MASS claims defendants' acts of infringement have caused damage to MASS, and MASS is entitled to recover from defendants' wrongful acts in an amount subject to proof at trial.

    "Defendants' infringement of MASS' patent rights under the '978 Patent will continue to damage MASS, causing it irreparable harm for which there is no adequate remedy at law, unless enjoined by the court," the plaintiff's complaint states.

    "Considering the balance of hardship between MASS and Defendants, a permanent injunction is warranted. The public interest will not be disserved by entry of such an injunction."

    MASS is demanding a trial by jury and seeking compensatory damages, attorneys' fees, interest, costs and other relief the court may deem as just and proper.

    Edward W. Goldstein of Goldstein, Faucett & Prebeg LLP in Houston is lead attorney for the plaintiff.

    Court assignment is pending.

    Case No. 2:09-cv-358

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