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SOUTHEAST TEXAS RECORD

Thursday, March 28, 2024

Recent patent infringement cases filed in the Eastern District of Texas, April 7-14, 2010

Marshall Division

April 7

  • Wi-LAN Inc. v. Acer Inc. et al

    Plaintiff Wi-Lan is a Canadian corporation.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. '369 issued on May 7, 1996, for Method for Frequency Sharing and Frequency Punchout in Frequency Hopping Communications Network.

    The defendants are Acer Inc., Acer America Corp., Apple Inc., Atheros Communications Inc., Broadcom Corp., D-Link Corp., D-Link Systems Inc., Dell Inc., Gateway Inc., Hewlett-Packard Co., Intel Corp., Lenovo Group Ltd., Lenovo (United States) Inc., LG Electronics Mobilecomm U.S.A. Inc., LG Electronics Inc., Marvell Semiconductor Inc., Motorola Inc., Personal Communications Devices LLC., Sony Corp., Sony Corporation of America, Sony Electronics Inc., Sony Computer Entertainment America Inc., Texas Instruments Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corp. and UTStarcom Inc.

    The plaintiff believes defendants are willfully and deliberately infringing on the patent.

    The plaintiff is seeking an injunction enjoining defendants from continued infringement, an award of damages for past infringement including compensatory and treble damages, interest, attorneys' fees and costs.

    Jury trial is demanded.

    Marshall attorney Sam Baxter and New York attorney Robert A. Cote both of McKool Smith PC are representing the plaintiff.

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

    Case No. 2:10-cv-00124-TJW

    April 12

  • Network Backup Corp. v. Atempo Inc. et al

    Plaintiff Network Backup is a Texas corporation located in Longview.

    The defendants are Atempo Inc., Barracuda Networks Inc., Commvault Systems Inc. and My Docs Online Inc.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 5,133,065 issued on July 21, 1992, for Backup Computer Program for Networks.

    The lawsuit states the '065 patent expired on July 27, 2009 and the plaintiff is claiming damages prior to that date.

    The plaintiff believes defendants are willfully and deliberately infringing on the patent.

    The plaintiff is seeking an award of damages for past infringement including interest, costs and disbursements.

    Jury trial is demanded.

    Longview attorneys S. Calvin Capshaw, Elizabeth L. DeRieux and D. Jeffrey Rambin of Capshaw DeRieux LLP is representing the plaintiff.

    Other counsel includes Joseph M. Vanek, Thomas A. Vickers, and Jeffrey R. Moran of Vanek, Vickers & Masini PC in Chicago.

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

    Case No. 2:10-cv-00126-TJW

    April 13

  • TransUnion Intelligence LLC and Trans Union LLC v. Search America, Inc. et al

    Plaintiffs TransUnion Intelligence and Trans Union are limited liability corporations with offices in Chicago.

    The defendants are Search America Inc., Experian Information Solutions Inc., and Experian PLC.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 7,333,397 issued on Feb. 19, 2008, for a health care financing method.

    The plaintiff states it is being harmed by the defendants' infringement, inducement of infringement and contributory infringement.

    The plaintiff is asking the court to enjoin the defendants from further infringement, to award damages, costs, expenses, interest, attorneys' fees and costs.

    Jury trial is demanded.

    Houston attorney Glen M. Boudreaux is representing the plaintiff.

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

    Case No. 2:10-cv-00130-TJW

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