Marshall Division

Jan. 25

  • Princeton Digital Image Corp. vs. Canon Inc. et al

    Plaintiff Princeton Digital Image is a Texas corporation having its offices in Longview.

    Princeton claims to own the rights to two imaging-related patents.

    The patents in suit are:

  • U.S. Patent No. 4,860,103 issued Aug. 22, 1989, for a Video Level Control. Mohammed S. Azam and Michael D. Carr were named as inventors.

  • U.S. Patent No. 4,813,056 issued March 14, 1989, for a Modified Statistical Coding of Digital Signals. Nicola J. Fedele was named as inventor.

    According to the complaint, Azam and Carr originally assigned their rights to the '103 Patent to British Telecommunications PLC. The '103 Patent was subsequently assigned to General Electric co., which then assigned all rights and title to Princeton Digital Compression LLC. Princeton Digital Compression has assigned all rights and interest to the plaintiff, Princeton Digital Image Corp.

    Fedele originally assigned his rights to the '056 Patent to General Electric Co., which assigned all rights and interest to Princeton.

    The plaintiff alleges defendants are infringing the patents-in-suit by making, using or selling digital still cameras. The defendants are Canon Inc., Canon USA Inc., Eastman Kodak Co., Hewlett-Packard Co., Fujifilm Holdings Corp. also known as Fujifilm Holdings America Corp., Fujifilm Corp. and Fujifilm North America Corp. formerly known as Fujifilm USA Inc.

    The defendants have infringed the '103 Patent by making, using or selling digital still cameras, the plaintiff claims.

    The '056 Patent is being infringed, the plaintiff alleges, by making, using or selling digital cameras, picture kiosks, photo editing and printing services and certain camcorder, copier, scanner, smartphone and multifunction products.

    According to the complaint, the defendants were given notice of their infringement on or before Dec. 23, 2003, yet continued to wilfully and deliberately continue their infringing acts.

    Princeton Digital is seeking compensatory damages, enhanced damages for willful infringement, interest, costs, attorneys' fees and other relief deemed just and proper. A jury trial is demanded.

    Greg M. Luck of Duane Morris LLP in Houston is representing the plaintiff.

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

    Case No. 2:10-cv-00029-TJW

    Tyler Division

    Jan. 21

  • JuxtaComm-Texas Software LLC vs. Axway Inc. et al

    Plaintiff JuxtaComm is a Texas limited liability corporation with its principal place of business in Tyler.

    The plaintiff claims to own the rights to U.S. Patent No. 6,195,662 issued Feb. 27, 2001, for a System for Transforming and Exchanging Data Between Distributed Heterogeneous Computer Systems.

    According to the complaint, 22 companies have allegedly infringed the '662 Patent, either directly or by contributory infringement or by inducing infringement by making, using or selling products or services related to the transformation and exchange of data between computer systems.

    The defendants are AxWay, British Airways, DataFlux, Iona Technologies, Insight Technologies, Lawson Software, Lawson Software Americas, L'Occitane, Magic Software Enterprises Inc., Magic Software Enterprises Ltd., Office Depot, Pervasive Software, Progress Software, Red Hat, Ricoh, Rotech Healthcare, SAS Institute, Schenker, Seco Tools, Sonic Software, Tibco Software and Vitria Technology.

    JuxtaComm is seeking injunctive relief, an accounting of all damages, actual damages, interest, enhanced damages, attorneys' fees, costs and other relief deemed just and proper.

    R. Laurence Macon of Akin Gump Strauss Hauer & Field LLP in San Antonio and Michael L. Kiklis of Washington, D.C. are representing the plaintiff. Local counsel is T. John Ward Jr. of the Ward & Smith Law Firm in Longview.

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

    Case No. 6:10-cv-00011-LED

    Jan. 22

  • Marshall Packaging Co. LLC vs. Pepsico Inc. et al

    Plaintiff Marshall Packaging is a Texas limited liability company with its principal place of business in Marshall.

    According to the complaint, U.S. Patent No. 5,370,250 was issued Dec. 6, 1994, for a Collapsible Container. The '250 Patent was reissued as Re. 36,377 on Nov. 9, 1999. The '377 Patent was later reissued as Re. 38,770 on Aug. 9, 2005. Marshall Packaging claims to be the assignee of all rights and interest to the '770 Patent.

    The plaintiff alleges several companies are infringing the '770 Patent by making, using or selling certain collapsible beverage containers.

    The defendants named in the suit are PepsiCo Inc., The Pepsi Bottling Group Inc., PepsiAmericas Inc., Pepsi Bottling Ventures LLC, Safeway Inc. and Advanced H2O LLC.

    Products that allegedly infringe the patent are sold under the brand Aquafina, Lipton, Safeway Refrshe and Athena.

    "Marshall Packaging specifically excludes from this claim for patent infringement all containers that are licensed pursuant to any previous license agreement entered into by Marshall Packaging," the complaint states.

    The plaintiff is seeking compensatory damages, attorneys' fees, injunctive relief and any further relief deemed just and proper. A jury trial is demanded.

    Donald Puckett of The Ware Firm in Dallas is attorney-in-charge for the plaintiff, along with T. John Ward Jr. of Ward & Smith Law Firm in Longview.

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

    Case No. 6:10-cv-00012-LED

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