Marshall Division

Jan. 27

  • Gellyfish Technology of Texas LLC vs. Asus Computer International et al

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

    Gellyfish claims to own the rights to U.S. Patent No. 6,336,614 issued Jan. 8, 2002, for Conformable Portable Computer Hand Pads.

    The plaintiff alleges defendants Asus, Hewlett-Packard, Sony, Intel, Lenovo, Dell, Alienware and Power Support are infringing the '614 Patent by making, using or selling specialized laptop computer products that use or embody the patented invention.

    In the second count of the suit, the plaintiff claims the rights to U.S. Patent No. 6,963,486 issued Nov. 8, 2005, for Hand Pads for Laptop Computers and Other Electronic Devices.

    The same defendants are accused of infringement of the '486 Patent.

    Gellyfish is seeking compensatory damages, enhanced damages for willful infringement, attorneys' fees and costs.

    A jury trial has been demanded.

    William E. Davis III of The Davis Firm PC in Longview is 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. 2:10-cv-0034-TJW-CE

    Feb. 1

  • Fowler Woods LLC vs. Internet Radio Inc. et al

    Plaintiff Fowler Woods LLP claims to own the rights to U.S. Patent No. 6,351,736 issued Feb. 26, 2002, for a System and Method for Displaying Advertisements with Played Data.

    The defendants allegedly infringe the '736 Patent via Web sites and mobile applications.

    Defendants are Internet Radio, Blastro, Backflip Studios, Fluent Mobile, Ulocate Communications, OneCast, PopCap Games, Mysimbook.com, Slacker and Pandora Media.

    The plaintiff alleges defendants had at least constructive notice if not actual knowledge of the patent.

    "Plaintiff is entitled to recover from the defendants the damages sustained by plaintiff as a result of defendants' wrongful acts in an amount subject to proof at trial, which, by law, cannot be less than a reasonable royalty," the complaint states.

    The plaintiff is seeking compensatory relief, interest, treble damages, attorneys' fees and other relief deemed just and proper.

    A jury trial is demanded.

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

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

    Case No. 2:10-cv-00035-TJW

    Feb. 2

  • Wolf Run Hollow LLC vs. Huntington State Bank et al

    Plaintiff Wolf Run Hollow claims to own the rights to U.S. Patent No. 6,115,817 issued Sept. 5, 2000, for Methods and Systems for Facilitating Transmission of Secure Messages Across Insecure Networks.

    Defendants are Huntington State Bank, American State Bank, Guaranty Bond Bank, American Bank of Texas, First State Bank of Ben Wheeler, Southside Bank, Citizens State Bank, Independent Bank, Prosperity Bancshares Inc., Prosperity Bank, Valliance Bank, Access 1st Capital Bank and Sanger Bank.

    Each of the defendants is a corporation organized under the laws of the state of Texas with principal places of business in Texas.

    The defendants allegedly infringe the '817 Patent by making, using or selling secure messaging systems and methods, including via their Web sites, which allow the defendant to act as the mastermind to direct or control users to request, transmit or receive secure messages.

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

    William E. Davis III of The Davis Firm PC in Longview is representing the plaintiff.

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

    Case No. 2:10-cv-00038-TJW

    Tyler Division

    Jan. 27

  • Uniloc USA Inc. et al vs. BCL Technologies

    Plaintiff Uniloc Corp. Ltd. was founded in Australia in 1992. Uniloc Singapore is a wholly owned subsidiary of Uniloc Australia which owns all the rights and interest to U.S. Patent No. 5,490,216.

    The '216 Patent was issued for a system for software registration. Uniloc USA Inc., founded in 2003 under the rules of the state of Rhode Island, is the exclusive licensee of the '216 Patent, the suit states.

    According to the complaint, Uniloc researches, develops, manufactures and licenses security technology solutions, platforms and frameworks, 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.

    The '216 Patent, issued Feb. 6, 1996, is generally directed to novel systems and methods for securely registering software and other digital media to prevent illicit copying and software piracy.

    Uniloc accuses BCL Technologies, Honestech Inc., GlobalSCAPE, Argus Software, Software Shapers doing business as Pygraphics, QuadriSpace Corp., Real Software Inc., G7 Productivity, HumanConcepts LLC, Siber Systems Inc., Alien Skin Software LLC, Algorithmic Implementations Inc. doing business as Ai Squared and MacKichan Software Inc. of infringing the '216 Patent.

    The complaint states the Texas venue is proper because each defendant has transacted business in the Eastern District of Texas and has committed, induced or contributed to acts of patent infringement in the district, including via their Web sites.

    The defendants infringe the '216 Patent by making, using, importing or selling certain software products that utilize a method or system for activating software products to allow such software to run in a use mode on a computer platform only if an appropriate licensing procedure has been followed, the complaint alleges.

    In the suit, products such as the BCL easyConverter Desktop, Honestech Easy Video Editor products, Cute FTP, Argus Valuation, Pyware 3D, Document 3D Suite, REALbasic, VersaCheck, OrgPlus8, RoboForm, Eye Candy, Zoom Text and Scientific Notebook.

    As a result of these defendants' infringement of the '216 Patent, Uniloc has suffered monetary damages in an amount not yet determined and will continue to suffer damages in the future unless defendants' infringing activities are enjoined by this court," the complaint states.

    Uniloc is seeking injunctive relief, compensatory damages, enhanced damages for willful infringement, expenses, interest, attorneys' fees and other relief to which it may be entitled.

    A jury trial is demanded.

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

    James L. Etheridge of Etheridge Law Group PLLC in Southlake is lead attorney for the plaintiff, along with Eric Albritton and T. John Ward Jr. of Longview.

    Case No. 6:10-cv-00018-LED

    Feb. 2

  • Internet Machines LLC vs. Alienware Corp. et al

    Plaintiff Internet Machines is a Texas limited liability company with its place of business in Longview.

    U.S. Patent No. 7,454,552 issued Nov. 18, 2004, for a Switching with Transparent and Non-Transparent Ports. The named inventors are Heath Stewart, Michael de la Garrigue and Chris Haywood.

    The '552 Patent covers various apparatuses or methods comprising PCIExpress Switches with such switch apparatuses or methods comprising a first transparent port, a second transparent port and a third, non-transparent port and logic for routing or transporting data between said ports.

    U.S. Patent No. 7,421,532 issued Sept. 2, 2008, for a Switching with Transparent and Non-Transparent Ports.

    The named inventors are Heath Stewart, Michael de la Garrigue and Chris Haywood. Internet Machines is the assignee of the patents.

    More than 16 companies are named as defendants, including Alienware Corp., Advanced Micro Devices, Club 3D, Dell, Extreme Engineering, General Electric Enterprise Solutions, Integrated Device Technology, National Instruments, Nvidia, TigerDirect, Vadatech and Vrose Microsystems.

    "As a result of defendants' infringing conduct, defendants should be held liable to Internet Machines in an amount that adequately compensates Internet Machines for their infringement, which, by law, can be no less than a reasonable royalty," the suit states.

    The plaintiff is seeking injunctive relief, interest, compensatory damages, expenses, enhanced damages, attorneys' fees and other relief to which it may be entitled.

    A jury trial is requested.

    The case has been assigned to U.S. District Judge Michael H. Schneider.

    Case No. 6:10-cv-0023-MHS

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