Recent patent infringement cases filed in the Eastern District of Texas

By Marilyn Tennissen | Jan 6, 2010

Marshall Division

Dec. 28

  • IDQ Operating Inc. vs. Nu-Calgon

    Plaintiff IDQ is a corporation with its principal place of business in Garland. According to the complaint, IDQ makes and sells air conditioning and refrigeration products.

    IDQ claims to own the rights to U.S. Patent No. 6,438,970.

    The plaintiff alleges that Missouri-based Nu-Calgon made, sold or used air conditioning and refrigeration products including A/C EasySeal which infringe the '970 Patent. IDQ accuses the defendant of infringement, inducement of infringement and contributory infringement.

    According to the complaint, the defendant also teaches a method for using the products through its Web site.

    IDQ claims the defendant's infringement has been willful, intentional and unlawful.

    The plaintiff claims it will continue to suffer irreparable harm and injury as a result of defendant's activities unless defendant is restrained and enjoined.

    IDQ has notified Nu-Calgon that it is legally obligated to locate, preserve and maintain all information that may be potential evidence.

    IDQ is seeking compensatory damages, treble damages, interest, attorneys' fees, costs and other relief deemed just and proper. It is also asking that Nu-Calgon deliver all infringing products and merchandise for destruction.

    Eric B. Meyertons of Meyertons, Hood, Kivlin, Kowert & Goetzel PC in Austin is representing the plaintiff.

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

    Case No. 2:09-cv-400-TJW

    Dec. 31

  • TQP Development LLC vs. Metropolitan Life Insurance Co.

    Plaintiff TQP is a Texas limited liability company with its 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.

    According to the complaint, defendant MetLife infringes the '730 Patent by methods practiced on Web sites for transmitting data comprising a sequence of blocks in encrypted form over a communication link.

    For example, when MetLife or its customers connect to MetLife's Web site, a communication link is established between host servers and the client computer. Data transmitted over this communication link comprises a sequence of blocks, and is transmitted as packets in a sequence over the communication link. Certain data transmissions are encrypted according to the claimed method.

    TQP alleges MetLife is willfully infringing the '730 Patent.

    The plaintiff is seeking a permanent injunction enjoining the defendant from infringement, compensatory damages, costs, expenses, interest, attorneys' fees and other relief to which it may be entitled.

    A jury trial is demanded.

    Marc A. Fenster of Russ, August & Kabat in Los Angeles, Calif., and Harold Kip Glasscock of Kip Glasscock PC in Beaumont 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-404-TJW-CE

    Tyler Division

    Dec. 30

  • ColorQuick LLC vs. FedEx Office and Print Services Inc.

    Plaintiff ColorQuick of New Jersey claims to own the rights to U.S. Patent No. 6,839,149 issued Jan. 4, 2005. The '149 Patent describes methods and apparatuses for preparation of production data for a print job using a still image proxy of a page description language image file.

    ColorQuick alleges that FedEx infringes the '149 Patent by making, using or selling products or processes including digital print services through its Design & Print Center on its Web site.

    According to the complaint, FedEx has also induced infringement of the '149 Patent and contributed to the infringement of the '149 Patent.

    ColorQuick claims it has been injured and has sustained substantial damages in an amount not presently known.

    The plaintiff is seeking compensatory damages, injunctive relief, interest and other just and proper relief. A jury trial is demanded.

    Alfonso Garcia Chan of Shore Chan Bragalone LLP in Dallas is attorney-in-charge for the plaintiff.

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

    Case No. 6:09-cv-572-LED

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