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SOUTHEAST TEXAS RECORD

Friday, April 26, 2024

Now Including False Patent Marking Cases! Recent patent infringement cases filed in the Eastern District of Texas

TEXARKANA DIVISION

May 6

  • Patect LLC v. Veritec Inc. and VCode Holdings Inc.

    Patect is a Texas limited liability company with its principal place of business in Houston.

    The plaintiff alleges that the defendants are falsely marking its matrix coding technology products with U.S. Patent Nos. 5,612,524 and 4,924,078 and European Patent No. 0,438,841.

    The plaintiff is asking the court for a monetary award in the form of a civil fine of $500 per falsely marked article with one-half of the award to be paid to the United States. Patect is also asking the court to issue an injunction prohibiting defendant from continued acts and for an award of interests.

    Jury trial is requested.

    The plaintiff is represented by Dallas attorneys Hao-Ni of Ni Law Firm, Tyler K. Brochstein of Brochstein Law Firm and Jack L. Siegal.

    U.S. District Judge David Folsom is assigned to the litigation.

    Case No. 5:10-cv-00091-DF

    May 7

  • Paice LLC v. Ford Motor Co.

    Plaintiff Paice is a Delaware limited liability company with its principal place of business in Florida.

    The plaintiff alleges that the defendant is infringing on U.S. Patent No. 5,343,970 issued on Sept. 6, 1994, for a Hybrid Electric Vehicle.

    In December 2005, Ford filed a declaratory judgment against Paice regarding the '970 patent. Ford asked a Michigan federal court to declare that the patent was invalid and not infringed by Ford.

    Ford argued it had been involved in earlier negotiations with Paice that had broken down and that it had sold a hybrid vehicle (Escape). The Michigan Court dismissed the request for lack of justiciable controversy.

    After Ford's judgment was dismissed, Ford began selling the Ford Fusion hybrid vehicle. Paice argues the Ford Fusion hybrid vehicle directly infringes on the '970 patent.

    The plaintiffs are asking the court to award damages, treble damages, attorney's fees and interest.

    Jury trial is requested.

    The plaintiffs are represented by Sam Baxter of McKool Smith in Marshall. Additional counsel includes Ruffin B. Cordell, Linda L. Kordziel, Ahmed J. Davis and Jonathon R. Putman of Fish & Richardson in Washington, D.C., Robert E. Hillman of Fish & Richardson in Boston and John S. Goetz of Fish & Richardson in New York.

    U.S. District Judge David Folsom is assigned to the litigation.

    Case No. 5:10-cv-00092

    TYLER DIVISION

    May 4

  • Teleconference Systems LLC v. AT & T Corp. et al.

    Teleconference Systems is a Texas limited liability company.
    The defendants are AT&T Corp., AT &T Inc., SMB Atlanta Inc. and Frito-Lay North America Inc.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 6,980,526 issued for Multiple Subscriber Videoconferencing System.

    Defendants AT&T and SBM Atlanta were parties in a case that was pending in the Northern District of California but was dismissed based on alleged lack of personal jurisdiction.

    The plaintiff argues that it is entitled to at least a reasonable royalty from the defendants for the use of its invention, including cost savings and increased profits generated from the infringement of the '526 patent.

    Teleconference Systems is asking the court to order the impounding and destruction of all defendants' apparatuses that infringe on the '526 patent.

    The plaintiff also is asking the court enjoin defendants from continuing acts of infringement and an award of damages, treble damages, costs, expenses, attorneys' fees, and interest.

    Jury trial is requested.

    The plaintiff is represented by Anthony G. Simon and Timothy E. Grochocinski of The Simon Law Firm in Saint Louis, Mo.

    Court assignment pending.

    Case No. 6:10-cv-00239

    May 6

  • Stragent LLC and SeeSaw Foundation v. Classmates Online Inc., et al.

    Stragent is a Texas limited liability company with its principal place of business in Longview. SeeSaw is a Texas non-profit corporation with its principal place of business in Longview.

    The defendants are Classmates Online Inc., Classmates Media Corp., United Online Inc., Gannett Co. Inc., Linden Research Inc., Meebo Inc., MTV Networks, Viacom Inc., MyLife.com Inc., MySpace Inc., Novell Inc., Plaxo Inc. and Twitter Inc.

    The plaintiffs allege that the defendants are infringing on U.S. Patent No. 6,665,722 issued Dec. 16, 2003, for a store-and-forward packet radio system and method.

    The plaintiffs are asking for an award of damages, costs, expenses, and interest.

    Jury trial is requested.

    The plaintiffs are represented by Longview attorneys Eric Albritton, Adam Biggs, Debra Coleman and Matthew Harris of Albritton Law Firm and Thomas John Ward Jr. of Ward & Smith Law Firm. Additional counsel includes Houston attorneys Danny Williams, J. Mike Amerson, Jaison John, Christopher Cravey, Matthew Rodgers, Michael Benefield and David Morehan of Williams, Morgan & Amerson PC.

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

    Case No. 6:10-cv-00242-LED

    May 7

  • Stragent LLC and SeeSaw Foundation v. LG Electronics Mobilecomm U.S.A. Inc., et al.

    Stragent is a Texas limited liability company with its principal place of business in Longview. SeeSaw is a Texas non-profit corporation with its principal place of business in Longview.

    The defendants are LG Electronics Mobilecomm U.S.A. Inc., LG Electronics U.S.A. Inc., LG Electronics Inc., Kyocera Communications Inc., Kyocera Wireless Corp., Kyocera International Inc., Kyocera Corp., Panasonic Corporation of North America, Panasonic Corp., Pantech Wireless Inc., Pantech Co. Ltd., Siemens Corp., Siemens AG and ZTE Corp.

    The plaintiffs allege that the defendants are infringing on U.S. Patent No. 6,665,722 issued Dec. 16, 2003, for a store-and-forward packet radio system and method.

    The plaintiffs are asking for an award of damages, costs, expenses, and interest.

    Jury trial is requested.

    The plaintiffs are represented by Longview attorneys Eric Albritton, Adam Biggs, Debra Coleman and Matthew Harris of Albritton Law Firm and Thomas John Ward Jr. of Ward & Smith Law Firm. Additional counsel includes Houston attorneys Danny Williams, J. Mike Amerson, Jaison John, Christopher Cravey, Matthew Rodgers, Michael Benefield and David Morehan of Williams, Morgan & Amerson PC.

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

    Case No. 6:10-cv-00224-LED

    May 11

  • Realtime Data LLC v. Thomson Reuters Corp., et al.

    Realtime Data, doing business as IXO, is a limited liability company organized under the laws of New York with places of business in New York and Tyler, Texas.

    The defendants are Thomson Reuters Corp., Bloomberg, FactSet Research Systems Inc., Interactive Data Corp., Penson Worldwide Inc., and Nexa Technologies.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 7,714,747 issued on May 11 for Data Compression Systems and Methods.

    Realtime Data accuses the defendants of infringing its '747 patent with electronic trading and market data receipt and delivery systems.

    The plaintiffs are asking the court to issue a permanent injunction stopping defendants from continuing acts of infringement and an award of damages, costs, expenses, attorneys' fees, and interest.

    Jury trial is requested.

    The plaintiffs are represented by Sam Baxter of McKool Smith in Marshall; Robert A. Cote, Brett E. Cooper, John Briody and Benjamin J. Warlick of McKool Smith in New York; and Laurie L. Fitzgerald and John M. Shumaker of McKool Smith in Austin.

    Court assignment pending.

    Case No. 6:10-cv-00247

  • Realtime Data LLC v. CME Group Inc., et al.

    Realtime Data, doing business as IXO, is a limited liability company organized under the laws of New York with places of business in New York and Tyler, Texas.

    The defendants are CME Group Inc., Board of Trade of the City of Chicago, New York Mercantile Exchange Inc., BATS Exchange Inc., International Securities Exchange LLC, NASDAQ OMX Group Inc., NASDAQ OMX PHLX Inc., NYSE Euronext, NYSE Arca Inc., NYSE Amex LLC, SIAC, Chicago Board Options Exchange, Boston Options Exchange Group LLC and OPRA.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 7,714,747 issued on May 11 for Data Compression Systems and Methods.

    The plaintiff is asking the court to issue a permanent injunction stopping defendants from continuing acts of infringement and an award of damages, costs, expenses, attorneys' fees, and interest.

    Jury trial is requested.

    The plaintiffs are represented by Sam Baxter of McKool Smith in Marshall; Robert A. Cote, Brett E. Cooper, John Briody and Benjamin J. Warlick of McKool Smith in New York; and Laurie L. Fitzgerald and John M. Shumaker of McKool Smith in Austin.

    Court assignment pending.

    Case No. 6:10-cv-00246

  • Realtime Data LLC v. Morgan Stanley et al.

    Realtime Data, doing business as IXO, is a limited liability company organized under the laws of New York with places of business in New York and Tyler, Texas.

    The defendants are Morgan Stanley, Morgan Stanley & Co., Bank of America Corp., Banc of America Securities, Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith, The Bank of New York Mellon Corp., BNY ConvergEX Group, BNY ConvergEx Execution, Credit Suisse, Credit Suisse Securities, Goldman Sachs, Goldman Sachs Execution, HSBC Securities, J.P. Morgan Securities, J.P. Morgan Clearing, SWS Group and Southwest Securities.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 7,714,747 issued May 11 for Data Compression Systems and Methods.

    The plaintiffs are asking the court to issue a permanent injunction stopping defendants from continuing acts of infringement and an award of damages, costs, expenses, attorneys' fees and interest.

    Jury trial is requested.

    The plaintiffs are represented by Sam Baxter of McKool Smith in Marshall; Robert A. Cote, Brett E. Cooper, John Briody and Benjamin J. Warlick of McKool Smith in New York; and Laurie L. Fitzgerald and John M. Shumaker of McKool Smith in Austin.

    Court assignment pending.

    Case No. 6:10-cv-00248

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