Marshall Division

April 16

  • First American Corelogic Inc. v. Fiserv Inc. et al

    Plaintiff First American Corelogic is a Delaware corporation with its principal place of business in California.

    The plaintiff claims to own the rights to U.S. Patent No. 5,361,201 issued on Nov. 1, 1994, for Real Estate Appraisal Using Predictive Modeling.

    First American alleges eight defendants are infringing the '201 Patent. The defendants are Fiserv Inc., IntelliReal LLC, Interthinx
    Inc., Lender Processing Services Inc., Precision Appraisal Services Inc., Real Data Inc., RealEC Technologies Inc. and Zillow Inc.

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

    First American 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.

    Tyler attorney Eric H. Findlay and Brian Craft of Findlay Craft LLP and California attorneys Fabio Marino and Neel I. Chatterjee of Orrick, Herrington & Sutcliffe are representing the plaintiff.

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

    Case No. 2:10-cv-00132-TJW

    April 19

  • DataTern Inc. v. Staples Inc. et al

    Plaintiff DataTern is a Texas corporation.

    DataTern claims to own the rights to two U.S. Patents.

    The patents-in-suit are:

  • U.S. Patent No. 5,937,402 issued on Aug. 10, 1999, for a System for Enabling Access to a Relational Database from an Object Oriented Program; and

  • U.S. Patent No. 6,101,502 issued Aug. 8, 2000, for Object Model Mapping and Runtime Engine for Employing Relational Database with Object Oriented Software.

    DataTern alleges that a number of banking and financial institutions are infringing the '402 and '502 Patents.

    The defendants are Staples Inc., J.C. Penney Co. Inc., J.C. Penney Corp. Inc., Sears Holding Corp., Sears Roebuck and Co., The Bank of New York Mellon Corp., Eagle Investment Systems LLC, Pershing LLC, Capital One Financial Corp., Capital One Bank (USA) NA, Capital One NA, Capital One Services Inc., Regions Financial Corp., The Goldman Sachs Group Inc., Goldman Sachs International, Goldman Sachs & Co., Fidelity Brokerage Services LLC, FMR LLC, FMR Corp., National Financial Services LLC, The PNC Financial Services Groups Inc., PNC Bancorp Inc., PNC Bank NA and PNC Holding LLC.

    The plaintiff is seeking an injunction enjoining defendants from continued infringement, an award of damages costs, expenses, interest, enhanced damages and attorneys' fees.

    Jury trial is demanded.

    The plaintiff is represented by attorney Marc A. Fenster of Russ, August & Kabat in Los Angeles, Calif.; Patrick R. Anderson of

    Flint, Mich.; and Andrew W. Spangler of Spangler Law PC in Longview.

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

    Case No. 2:10-cv-00133-TJW

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