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

By Michelle Massey, East Texas Bureau | Jun 30, 2010

Recent patent infringement/false marking suits filed in the Eastern District of Texas, June 24-30, 2010.

MARSHALL DIVISION

June 24

  • Demeter Technology LLC v. Fujitsu Computer Products of America Inc. et al

    Demeter Technology is a Texas limited liability company with its principal place of business in Allen.

    The defendants are Fujitsu Computer Products of America Inc., Godaddy.com Inc., Hewlett-Packard Co., Integrated Global Concepts Inc., Inter7 Internet Technologies Inc., J2 Global Comm. Inc., Konica Minolta Business Solutions U.S.A. Inc., Lexmark International Inc., Muratec America Inc., Newrise Corp., Oce North America, Oki Data Americas Inc., Opentext Corp., Ricoh Americas Corp., Toshiba America Business Solutions Inc., Xerox Corp., Brother Int'l Corp., Canon U.S.A. Inc., Data on Call Inc. and eDocfile Inc.

    The plaintiff accuses the defendants of infringing on U.S. Patent No. 6,157,706 issued on Dec. 5, 2000 for Method and Apparatus for Enabling a Facsimile Machine to be an Email Client.

    Demeter Technology accuses the defendants of deliberate and willful infringement of the '706 patent.

    The plaintiff is asking the Court for a permanent injunction enjoining defendants from further acts of infringement, for an award of damages, costs, expenses and interest, an award of enhanced damages and attorneys' fees.

    Jury trial is demanded.

    The plaintiff is represented by 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-00209-TJW

  • Gooseberry National Resources LLC vs. Condesa Inc., et al

    Gooseberry Natural Resources is a Texas limited liability company with its principal place of business in Plano.

    The defendants are Condesa Inc., Mass Media Distribution LLC, MEK Enterprises doing business as Ereleases.com, Proven Ways Inc., PR Worldwide Inc. and RV Media LLC doing business as PR 18 Network.

    The plaintiff accuses the defendants of infringing on U.S. Patent No. 6,370,535 issued April 9, 2002, for System and Method for Structured News Release Generation and Distribution

    The defendants are accused of willfully infringing on the '535 patent.

    The plaintiff is asking the Court for a permanent injunction enjoining defendants from further acts of infringement, an award of compensatory damages, plus interest, an award of treble damages, attorneys' fees and costs.

    Jury trial is demanded.

    The plaintiff is represented by Melissa Richards Smith of Gilliam & Smith in Marshall.

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

    Case No. 2:10-cv-00210-TJW

  • Sky Technologies LLC v. HP Enterprise Services, et al

    Sky Technologies is a Massachusetts corporation, with its principal place of business in Truro Massachusetts.

    The defendants are HP Enterprise Services LLC, Hewlett Packard Company, Optimal Solutions Integration, Inc., Accenture LLP, Accenture Inc., Deloitte LLP, Deloitte & Touches USA LLP, Deloitte Consulting LLP, KPMG LLP, KPMG Consulting LLC, Ernst & Young LLP, Capgemini U.S. LLC and PricewaterhouseCoopers, LLP

    The plaintiff accuses the defendant of infringing on U.S. Patent No. 6,141,653, U.S. Patent No. 6,336,105, U.S. Patent No. 6,338,050, U.S. Patent No. 7,162,458, U.S. Patent No. 7,149,724, U.S. Patent No. 6,332,135, U.S. Patent No. 7,194,442 and U.S. Patent No. 7,222,109.

    Sky Technologies state that many of the patents relate to enterprise systems of hardware and software that relate to multivariate negotiations among two or more parties.

    The plaintiff is asking the Court for a permanent injunction to prevent the Defendants' continued infringement of Sky's patents, for an award of damages in an amount no less than a reasonable royalty, threefold increase in damages due to willful infringement, an award of costs, expenses and attorneys' fees, and interest.

    Jury trial is demanded.

    The plaintiff is represented by Lexie G. White of Susan Godfrey, LLP in Houston. Additional counsel includes Stephen Susman, Brian Melton, and Anne Mullins of Susman Godfrey LLP in Houston and T. John Ward, Jr. and Bruce A. Smith of Ward and Smith Law Firm in Longview.

    The case has been assigned to U.S. District Judge David Folsom.

    Case No. 2:10-cv-00211-DF

  • Phoenix Licensing and LPL Licensing vs. Aegon USA Inc., et al

    Phoenix Licensing is an Arizona limited liability company having a principal place of business in Scottsdale Arizona. LPL Licensing is a Delaware limited liability company.

    The defendants are Aegon USA, Inc., Aegon Direct Marketing Services, Transamerica Affinity Services, Stonebridge Life Insurance Co., Monumental Life Insurance Co., American International Group Inc., AIG Federal Savings Bank, American General Finance Inc., National Union Fire Insurance Co., American General Life and Accident Insurance Co., U.S. Life Insurance Company in the City of New York, BB&T Corp., Branch Banking and Trust Co., BB&T Financial FSB, BB&T Insurance Services Inc., Comerica Bank, Comerica Insurance Services Inc., Huntington Bancshares Inc., Huntington National Bank, Huntington Insurance Inc., M&I Marshall & Ilsley Bank, M&I FSB and Union Bank N.A.

    The plaintiffs accuse the defendants of infringing on U.S. Patent No. 5,987,434 issued Nov. 16, 1999, issued for Apparatus and Method for Transacting Marketing and Sales of Financial Products and U.S. Patent No. 6,999,938 issued Feb. 14, 2006, for Automated Reply Generation Direct Marketing System.

    The plaintiffs are seeking damages for patent infringement, an injunction to prevent defendants from further infringement, compensatory damages, treble damages, costs of suit and attorneys' fees, and interest.

    Jury trial is demanded.

    The plaintiff is represented by S. Calvin Capshaw and Elizabeth L. DeRieux of Capshaw DeRieux in Longview and Gregory Scott Dovel, Sean A. Luner and Richard E. Lyon of Dovel & Luner in Santa Monica, California.

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

    Case No. 2:10-cv-00212-TJW

    TYLER DIVISION

    June 24

  • Labor Savings Systems Ltd. v. BES Manufacturing Co. Inc.

    Plaintiff Labor Savings Systems is a Texas limited partnership with its principal place of business in Arlington.

    The plaintiff accuses BES Manufacturing of willfully infringing on U.S. Patent No. 7,648,122.02 issued on Jan. 19 for a Line Retrieval System and Method.

    Labor Savings Systems argues that defendant's python magnetic wire snake infringes on the '122 patent.

    The plaintiff is asking the court to enter a preliminary and permanent injunction against the infringement or the active inducements of the infringement, for an award of lost profits, expenses, costs, attorneys' fees, treble damages and interest.

    Jury trial is demanded.

    The plaintiff is represented by Jeffrey E. Hansen of Hasten & Hansen in Arlington.

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

    Case No. 6:10-cv-00314-LED

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