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Marshall Division

Nov. 24

  • TQP Development LLC vs. CVS Pharmacy

    Plaintiff TQP Development is a Texas limited liability company having a principal place of business in Marshall. It claims to own the rights to U.S. Patent No. 5,412,730 issued May 2, 1995, for an Encrypted Data Transmission System Employing Means for Randomly Altering the Encryption Keys.

    TQP alleges that defendant CVS Pharmacy has infringed the '730 Patent by methods practiced on various Web sites, including www.cvs.com, for transmitting data comprising a sequence of blocks in encrypted form over a communication link.

    For example, when CVS or its customers connect to the pharmacy's Web site, certain data transmissions, both from the client computer to the host server and from the host server to the client computer, are encrypted according to the method claimed in the '730 Patent, the suit states.

    "As a result of Defendant's infringement of the '730 Patent, Plaintiff has suffered monetary damages and is entitled to a money judgment in an amount adequate to compensate for Defendant's infringement, but in no event less than a reasonable royalty for the use made of the invention by Defendant ...," the complaint states.

    TQP is seeking a permanent injunction enjoining defendant from infringement, compensatory damages, costs, expenses, interest, attorneys' fees and other relief to which it may show itself to be entitled. A trial by jury has been demanded.

    To the extent that facts learned in discovery show that defendant's infringement of the '730 Patent is or has been willful, the plaintiff reserves the right to request such a finding at time of trial.

    Harold Kip Glasscock Jr. of Beaumont is lead counsel for the plaintiff. Marc A Fenster of Russ, August & Kabat in Los Angeles, Calif., and John M. Bustamante of Bustamante PC in Austin are also representing the plaintiff.

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

    Case No. 2:09-cv-369-TJW

    Nov. 30

  • Alfred B. Levine vs. Samsung Telecommunications America LLC et al

    Plaintiff Alfred B. Levine claims to be the inventor and owner of two patents for an Electronic Wireless Navigation System. The patents-in-suit are U.S. Patent No. 6,243,030 issued June 5, 2001, and U.S. Patent No. 6,140,943 issued Oct. 31, 2000.

    Levine alleges Samsung Telecommunications America LLC, Samsung Electronics Co. Ltd. and Sprint Solutions Inc. are infringing the '030 and '943 Patents.

    According to the complaint, Sprint and Samsung have in the past and continue to infringe, contribute to infringement or induce infringement of the patents-in-suit by making, using or selling wireless navigation systems and products.

    The plaintiff claims he previously notified the Sprint and Samsung of the '030 and '943 Patents, yet despite such notification they have continued their infringement.

    "As a consequence of the infringement complained of herein, Levine has been irreparably damaged to an extent not yet determined and will continue to be irreparably damaged by such acts in the future unless each defendant is enjoined by this Court from committing further acts of infringement," the complaint states.

    Levine is asking that each defendant account for and pay all damages caused by their individual or joint infringement and that the damages be increased three times for the willful and deliberate nature of the infringement.

    The plaintiff is also seeking interest, attorneys' fees, costs and other just and proper relief. He is seeking a trial by jury.

    Elizabeth L. DeRieux of Capshaw DeRieux LLP in Longview is representing the plaintiff, with attorneys from Polasek, Quisenberry & Errington LLP in Bellaire.

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

    Case No. 2:09-cv-372-TJW

    Tyler Division

    Nov. 24

  • Sipco LLC vs. Datamatic Ltd. et al

    Plaintiff Sipco brings infringement claims against three defendant companies regarding three patents-in-suit.

    The defendants are Datamatic Ltd., Eka Systems Inc., Johnson Controls Inc., Sensus USA Inc. and Trilliant Networks Inc.

    U.S. Patent No. 7,103,511 was issued Sept. 5, 2006, for Wireless Communications Networks for Providing Remote Monitoring of Devices. Sipco was assigned the '511 Patent by inventor Thomas D. Petite.

    U.S. Patent No. 6,437,692 was issued Aug. 20, 2002, for a System and Method for Monitoring and Controlling Remote Devices. The patent was issued to StatSignal Systems Inc., the assignee of the named inventors Thomas D. Petite and Richard M. Huff. Plaintiff Sipco is the owner by assignment of the '692 Patent.

    U.S. Patent No. 7,468,661 was issued Dec. 23, 2008, for a System and Method for Monitoring and Controlling Remote Devices. The patent was issued to Hunt Technologies Inc., the assignee of the named inventors Thomas D. Petite and Richard M. Huff. Sipco is the sole owner by assignment of the '661 Patent.

    According to the complaint, defendants' infringing products include the Datamatic Mosaic Network, Datamatic Firefly systems, EkaNet Smart Network, EkaNet Wireless Gateways, EkaNet Nodes, Johnson Controls Wireless Network Thermostat Controller System, Johnson Controls Wireless TECs, Sensus FlexNet, Trilliant SecureMesh Network and Trilliant ZigBee HAN.

    Sipco claims it has sustained damages by defendants' wrongful acts in an amount subject to proof at trial and for which there is no adequate remedy at law unless enjoined by the court.

    The plaintiff also alleges that defendants have had actual or constructive knowledge of the patents-in-suit, yet each of them continues to infringe the patents.

    Sipco is seeking compensatory damages and treble damages for willful infringement, injunctive relief, interest, costs, attorneys' fees and other relief deemed just and equitable. A jury trial is demanded.

    T. John Ward Jr. and Jack Wesley Hill of Ward & Smith Law Firm in Longview are representing the plaintiff. The lead attorney is John C. Herman of Coughlin Stoia Geller Rudman & Robbins LLP in Atlanta, Ga.

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

    Case No. 6:09-cv-532-LED

    Nov. 30

  • Uniloc USA Inc. et al vs. Abbyy USA Software House Inc. et al

    According to the complaint, plaintiffs Uniloc USA Inc. and Uniloc (Singapore) Private Ltd., collectively "Uniloc," research, develop, manufacture and license security technology solutions and platforms, including solutions for securing software and other forms of media such as DVD and audio files.

    "Uniloc's patented technology authenticates the true identity of devices attempting to access digital content and high-value technology assets," the complaint states. "Uniloc's technology is used in several markets, including software and game security, identity management and critical infrastructure security."

    Uniloc claims to own the rights to U.S. Patent No. 5,490,216 issued Feb. 6, 1996, for a System for Software Registration. The patent is generally directed to novel systems and methods for securely registering software and other digital media to prevent illicit copying and software piracy.

    Uniloc alleges that 13 companies are infringing the '216 Patent. The defendant companies are Abbyy USA Software House, CommonTime Inc., No Magic Inc., GFI Software USA, Systran Software Inc., Systran USA Inc., WORDsearch Corp. LLC, TALtech, CIOview Corp., Punch Software LLC, Maketech Systems Inc. doing business as Docudesk Corp., Kidasa Software Inc. and InternetSafety.com Inc.

    Some of the products that Uniloc alleges are infringing the patent include FineReader 9.0 Express Edition, mNotes Desktop, MagicDraw, GFI Backup 2009, Systran Home Translator, WORDsearch 8.0 Thompson Bible Library, BC-Wedge, SecurityNOW!, Home and Landscape Design, Docudesk deskPDF Professional, Milestones Simplicity and SafeEyes.

    The plaintiff is seeking a permanent injunction enjoining defendants from infringement, compensatory damages, enhanced damages for willful infringement, attorneys' fees and other relief to which it may be entitled.

    A jury trial has been demanded.

    James L. Etheridge of the Etheridge Law Group PLLC in Southlake, T. John Ward Jr. of Ward & Smith Law Firm in Longview and Eric Albritton of the Albritton Law Firm in Longview are representing the plaintiff.

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

    Case No. 6:09-cv-538-LED

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