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SOUTHEAST TEXAS RECORD

Tuesday, April 16, 2024

Recent patent infringement/false marking cases filed in the Eastern District of Texas

MARSHALL DIVISION

June 1

  • Condatis LLC v. Audi of America Inc. and Audi AG

    Condatis is a Maryland limited liability company with its principal place of business in Plano.

    The plaintiff believes the defendants are willfully infringing on U.S. Patent No. 5,450,321 issued Sept. 12, 1995 for Interactive Dynamic Real-Time Management System for Powered Vehicles.

    The plaintiff is asking for the court for a permanent injunction enjoining the defendants from infringement of the '321 patent and compensatory damages, plus interest.

    Jury trial is demanded.

    The plaintiff is represented by Andrew Spangler of Spangler Law PC in Longview and Kyle Nelson, Gregory Love and Scott Stevens of Stevens Love in Longview.

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

    Case No. 2:10-cv-00184-TJW

    June 3

  • MicroUnity Systems Engineering Inc. v. Acer Inc. et al

    MicroUnity Systems Engineering is a California Corp.

    The defendants are Acer Inc., Acer American Corp., Apple Inc., AT&T Inc., AT&T Mobility LLC, Cellco Partnership, Exedea Inc., Google Inc., HTC Corp., HTC America Inc., LG Electronics Inc., LG Electronics Mobilecomm U.S.A. Inc., Motorola Inc., Nokia Corp., Nokia Inc., Palm Inc., Qualcomm Inc., Samsung Electronics Co. Ltd., Samsung Semiconductor Inc., Samsung Telecommunications America, LLC., Sprint Nextel Corp. and Texas Instruments Inc.

    The plaintiff believes the defendants are willfully infringing on U.S. Patent No. 5,742,840 C1 issued on April 21, 1998, for a General Purpose, Multiple Precision Parallel Operation, Programmable Media Processor; and U.S. Patent No. 7,730,287 B1 issued June 1, 2010, for a Method and Software for Group Floating-Point Arithmetic Operations.

    The plaintiff is asking for the court to permanently enjoin the defendants from further infringement or in the alternative, a post-judgment royalty for post-judgment interest and for an award of damages, enhanced damages, interest, attorneys' fees and court costs.

    Jury trial is demanded.

    The plaintiff is represented by Stephen D. Susman, Max L. Tribble, Jr., Joseph S. Grinstein of Susan Godfrey LLP in Houston; Sidney Calvin Capshaw of Capshaw Derieux LLP in Longview; Otis W. Carroll of Ireland, Carroll & Kelley PC in Tyler; Michael Heim of Heim, Payne & Chorush LLP in Houston; Douglas R. Wilson of Heim, Payne & Chorush LLP in Austin; and George M. Schwab of Law Offices of George M. Schwab in San Francisco.

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

    Case No. 2:10-cv-00185-TJW

  • The Quantum World Corp. v. Dell Inc. et al

    The Quantum World Corp. is a Colorado company with its principal place of business in Gainesville, Fla.

    The defendants are Dell Inc., Hewlett-Packard Co., Acer Inc. and Acer America Corp.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 6,763,364 B1 issued on July 13, 2004, for a Random Number Generator and Generation Method.

    The plaintiff is asking the court to issue a permanent injunction to stop the defendants from further infringing acts, for an award of damages adequate to compensate for the infringement but in no event less than a reasonable royalty, treble damages, interest, attorney fees and court costs.
    Jury trial is requested.

    The plaintiff is represented by J. Hoke Peacock III of Susman Godfrey LLP in Houston, Daniel J. Shih of Susman Godfrey LLP in Seattle, Wash., Craig Smyser and Lee Kaplan of Symser Kaplan & Veselka LLP in Houston, Gordon T. Arnold of Arnold & Knobloch LLP in Houston, S. Calvin Capshaw and Elizabeth L. DeRieux of Capshaw Derieux LLP of Longview and Brian L. Jensen in Bellaire.

    U.S. District Judge T. John Ward is assigned to the case.

    Case No 2:10-cv-00187-TJW

    June 7

  • Innoband Inc. v. ASO Corp.

    Innoband is a Texas Corp. with its principal place of business in Longview. The defendant ASO is a Florida Corp. that is in the business of selling consumer first aid products.

    The plaintiff believes the defendant is willfully infringing on U.S. Patent No. 7,626,071 issued as a result of "pioneering research and development conducted in the consumer first aid products field, and in particular, the area of adhesive bandages."

    Innoband states that ASO's Qwikstrip Adhesive Bandages infringes on the '071 patent.

    The plaintiff is asking for the court for a preliminary injunction to prevent the defendant from further acts of infringement, for an award of damages to compensate for past infringement, plus interest and court costs.

    Jury trial is demanded.

    The plaintiff is represented by Sidney Calvin Capshaw and Elizabeth DeRieux of Capshaw Derieux LLP in Longview; Robert Parker and Robert Christopher Bunt of Parker, Bunt & Ainsworth PC in Tyler; Joseph Vanek, Thomas Vickers, and Jeffrey Moran of Vanek, Vickers & Masini PC in Chicago; and Eugene Cummings, David Mundt and Martin Goering of the Law Offices of Eugene M. Cummings PC in Chicago.

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

    Case No. 2:10-cv-00191-TJW

    TYLER DIVISION

    June 1

  • Parallel Networks LLC v. AEO Inc. et al

    Parallel Networks is a Texas limited liability company with its principal place of business in Tyler.

    The defendants are AEO Inc., AEO Management Co., Amway Corp. doing business as Amway Global, American Eagle Outfitters Inc., AOL Inc., Barnes & Noble Inc., barnesandnoble.com LLC, Bass Pro Inc., Bass Pro Shops Outdoors Online LLC, BestBuy Inc., Borders Group Inc., Brawn LLC, Cabela's Inc., Coldwater Creek Inc., Continental Airlines Inc., Delta Airlines Inc., Footlocker Inc., Footlocker.com, General Motors Co., Google Inc., Hayneedle Inc., Iconix Brand Group Inc., IP Holdings LLC, Juicy Couture Inc., Khol's Illinois Inc., LF LLC, Limited Brands Inc., Liz Claiborne Inc., Lowes Companies Inc. and Lowes Home Centers Inc.

    Also Mapquest Inc., Musician's Friend Inc., Nordstrom Inc., Onestop Internet Inc., Oriental Trading Company Inc., Patagonia Inc., QVC Inc., Rampage Clothing Co. Inc., Recreational Equipment Inc., Redbox Automated Retail LLC, Restoration Hardware Inc, Sony Corp. of America, Sony Electronics Inc., Southwest Airlines Inc., Staples Inc., Sunglass Hut International Inc., Target Corp., The Neiman Marcus Group Inc., The North Face Inc., The Orvis Co. Inc., Tiffany & Co., Tripadvisor LLC, US Airways Inc., VF Outdoors Inc., Williams-Sonoma Inc., Women's Apparel Group LLC doing business as Boston Apparel Group LLC and Zappos Retail Inc.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 6,446,111 issued Sept. 3, 2002, for a Method and Apparatus for Client-Serve Communications Using a Limited Capability Client Over a Low Speed Communications Network.

    The plaintiff accuses the defendants of willful infringement.

    The plaintiff is asking the court to issue a permanent injunction to stop the defendants from further infringing acts, for an award of damages, costs, expenses, interest, enhanced damages and attorneys' fees.

    Jury trial is requested.

    The plaintiff is represented by John J. Edmonds, Michael J. Collins and Henry Pogorzelski of Collins, Edmonds & Pogorzelski PLLC in Houston and Andrew W. Spangler of Spangler Law PC in Houston.

    U.S. District Judge Leonard E. Davis is assigned to the case.

    Case No 6:10-cv-00275-LED

    June 6

  • Whetstone Electronics LLC v. Xerox Corp., et al

    Whetstone Electronics is a Texas limited liability company with its principal place of business in Marshall.

    The defendants are Xerox Corp., Canon U.S.A. Inc., Canon Business Solutions Inc., East Texas Copy Systems Inc., Konica Minolta Holdings U.S.A. Inc., Konica Minolta Business Solutions U.S.A. Inc., Ricoh Americas Corp., Ricoh Electronics Inc., Complete Business Systems Inc., Toshiba America Inc., Toshiba America Business Solutions Inc., Star Graphics Inc., Brother International Corp. and Sharp Electronics Corp.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 6,337,746 and U.S. Patent No. 6,618,157 for Interface Card for Coupling a Computer to an External Device.

    Whetstone Electronics states that the defendants have acted in a "reckless disregard of Whetstone's valid and subsisting patent rights."

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

    Jury trial is requested.

    The plaintiff is represented by Andrew W. Spangler of Spangler Law PC in Longview and Andrew G. DiNovo and Adam G. Price of DiNovo Price Ellwanger & Hardy LLP in Austin.

    U.S. District Judge Leonard Davis is assigned to the case.

    Case No 6:10-cv-00278-LED

    June 7

  • Illumination Management Solutions Inc. v. Ruud Lighting Inc.

    Illumination Management Solutions is a California Corp. that specializes in the design and manufacture of high performance light emitting diode devices and apparatus utilizing LED devices.

    The plaintiff believes the defendant is willfully infringing on U.S. Patent No. 7,674,018 reissued on March 9, 2010, for LED Device for Wide Beam Generation.

    The plaintiff is also accusing the defendant of civil conspiracy regarding Alan Ruud's status as director of Illumination Management Solutions.

    The plaintiff claims Ruud misused information to prepare and file patent applications and obtain patents that were assigned to Ruud Lighting with the intention of restricting Illumination Management Solutions.

    The plaintiff is asking for the court for preliminary and permanent injunctions to prevent the defendant from further acts of infringement, for an award of treble damages, compensatory damages, exemplary damages, interest, costs and attorney fees.

    Jury trial is demanded.

    The plaintiff is represented by Craig Weinstock, Robert McAughan Jr., and Bruce J. Cannon of Locke Lord Bissell & Liddell LLP in Houston and Jennifer Parker Ainsworth of Wilson, Robertson & Cornelius PC in Tyler.

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

    Case No. 6:10-cv-00279

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