MARSHALL DIVISION

June 30

  • Bandspeed Inc. v. Acer Inc. et al

    Bandspeed is a Delaware corporation with its principal place of business located in Austin.

    The defendants are Acer Inc., Acer America Corp., Belkin International Inc., Belkin Inc., Casio Computer Co. Ltd., Casio Hitachi Mobile Communications Co. Ltd., Casio America Inc., Dell Inc., Garmin International Inc., Garmin USA Inc., GN Netcom A/S, GN U.S. Inc., Hewlett-Packard Co., Hewlett-Packard Development Co. LP, HTC Corp., HTC America Inc., Huawei Technologies Co. Ltd., Kyocera Corp. Kyocera International Inc., Kyocera Communications Inc., Kyocera Wireless Corp., Lenovo (United States) Inc., LG Electronics Inc, LG Electronics U.S.A. Inc., LG Electronics Mobilecomm U.S.A. Inc., Motorola Inc., Nokia Corp., Nokia Inc., Pantech Wireless Inc., Plantronics Inc., Research In Motion Ltd., Research In Motion Corp., Samsung TeleCommunications America LLC, TomTom International B.V., TomTom Inc., Toshiba Corp., Toshiba America Information Systems Inc. and Toshiba America Inc.

    The plaintiff is accusing the defendants of infringing on U.S. Patent No. 7,027,418 issued on April 11, 2006, for an Approach for Selecting
    Communications Channels Based on Performance and U.S .Patent No. 7,570,614 issued Aug. 4, 2009, for Approach for Managing Communications Channels Based on Performance.

    The plaintiff is asking the court for an award of damages and interest.

    Jury trial is demanded.

    The plaintiff is represented by Mikal C. Watts and Christopher V. Goodpastor of Watts Guerra Craft in Austin, Edward Allred and Mark
    Fassold of Watts Guerra Craft in San Antonio and Daffer McDaniel, Kurt Sauer, Kevin Daffer, Stacy Zoern and Aaron Pickell of Daffer McDaniel in Austin.

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

    Case No. 2:10-cv-00215-TJW

  • Lake Cherokee Hard Drive Technologies vs. Bass Computers Inc. et al

    Lake Cherokee Hard Drive Technologies is a Texas limited liability company.

    The defendants are Bass Computers, Hitachi Global Storage Technologies, LSI Corp., Marvell Semiconductor, Samsung Semiconductor Inc., Tech Data Corp., STMicroelectronics and STMicroelectronics N.V.

    The plaintiff is accusing the defendants of infringing on U.S. Patent No. 5,844,738 issued on Dec. 1, 1998, for Synchronous Read Channel Employing a Sequence Detector with Programmable Detector Levels and U.S. Patent No. 5,978,162 issued Nov. 2, 1999, for Synchronous Read Channel Integrated Circuit Employing a Channel Quality Circuit for Calibration.

    The plaintiff is asking the court for an injunction preventing the defendants from further acts of infringement, for an award of compensatory damages, court costs, attorneys' fees and interest.

    Jury trial is demanded.

    The plaintiff is represented by Robert Christopher Bunt, Charles Ainsworth and Robert Parker of Parker, Bunt & Ainsworth in Tyler and Gregory Dovel, Julien Adams and Christin Cho of Dovel and Luner in Santa Monica, Calif.

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

    Case No. 2:10-cv-00216-TJW

    July 1

  • Trontech Licensing Inc. v. Epson America Inc., et al

    Trontech Licensing Inc. is a Texas corporation with its principal place of business in Fort Worth.

    The defendants are Epson America Inc., Lexmark International Inc., Muratex America Inc., Ricoh Americas Corp. and Sharp Electronics Corp.

    The plaintiff accuses the defendants of infringing on U.S. Patent No. 6,160,872 issued on Dec. 12, 2000, for Apparatus and Method for Preventing Disconnection of Consumer Premises Equipment.

    The plaintiff claims the infringement is willful.

    Generally, the '872 patent is for an apparatus connected to a telephone line that automatically detects the presence of a fax signal that is being sent or received over the telephone line.

    The plaintiff is asking for the court to permanently enjoin the defendants from continued acts of infringement of the '872 patent, for an award of damages, costs, interest, attorney's fees and costs.

    Jury trial is demanded.

    The plaintiff is represented by Michael Cooke and Jonathan Suder of Friedman, Suder & Cooke of Fort Worth; Russell Wong, David Cabello, Lou Brucculeri and Keana Taylor of Wong, Cabello, Lutsch, Rutherford & Brucculeri in Houston and Bo Davis of The Davis Firm in Longview.

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

    Case No. 2:10-cv-00218-TJW

  • SoftVault Systems Inc. vs. Intel Corporation, et al

    SoftVault Systems is a Washington corporation.

    The defendants are Intel Corp., Good Technology, Notify Technology Corp. and Softex Inc.

    The plaintiff is accusing the defendants of infringing on U.S. Patent No. 6,249,868 issued on June 19, 2001, and U.S. Patent No. 6,594,765 issued on July 15, 2003, for Method and System for Embedded, Automated, Component-level Control of Computer Systems and Other Complex Systems.

    The products that are infringing on the '868 and '765 including software and hardware which have the ability to enable or disable operation of components of a device through an authorization process with a remote server.

    The plaintiff is asking the court for an award of damages and costs, interest, attorneys' fees and costs.

    The plaintiff is represented by Edward W. Goldstein and Corby R. Vowell of Goldstein, Faucett & Prebeg in Houston.

    Jury trial requested.

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

    Case No. 2:10-cv-00219-TJW

  • Network Protection Sciences LLC vs. Juniper Networks Inc. et al

    Network Protection Sciences is a Texas limited liability company with its principal place of business in Longview.

    The defendants are Juniper Networks, Fortinet, WatchGuard Technologies, SonicWALL and Deep Nines.

    The plaintiff is accusing the defendant of infringing on U.S. Patent No. 5,623,601 issued on April 22, 1997, for Apparatus and Method for Providing a Secure Gateway for Communication and Data Exchange between Networks.

    The defendants products are allegedly willfully infringing on the '601 patent with product families that include a transparent IP proxy server.

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

    The plaintiff is represented by S. Calvin Capshaw, Jeffrey Rambin and Elizabeth DeRieux of Capshaw DeRieux in Longview.

    Additional counsel includes Vincent McGeary of Gibbons PC in Newark, N.J.; and Michael Cukor of Gibbons PC in New York.

    Jury trial is requested.

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

    Case No. 2:10-cv-00224-TJW

    July 6

  • Traffic Information LLC vs. Cricket Communications Inc., et al

    Traffic Information is a Texas limited liability company.

    The defendants are Cricket Communications Inc., Kinpo Electronics Inc. and Networks in Motion Inc.

    The plaintiff is accusing the defendant of infringing on U.S. Patent No. 6,785,606 issued Aug. 31, 2004, for System for Providing Traffic
    Information and U.S. Patent No. 6,466,862 issued Oct. 15, 2002, for System for Providing Traffic Information.

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

    The plaintiff is represented by Dale Quisenberry, John Polasek and Jeffrey David of Polasek, Quisenberry & Errington in Bellaire; and S. Calvin Capshaw and Elizabeth DeRieux of Capshaw DeRieux in Longview.

    Jury trial is requested.

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

    Case No. 2:10-cv-00226-TJW

    July 8

  • Hurdle '120 LLC vs. Kamax-Werke Rudolf Kellermann GMBH & Co. KG, et al

    Hurdle is a Texas limited liability company.

    The defendants are Kamax-Werke Rudolf Kellermann GMBH & Co. KG, MNP Corp., Lang Fastener Corp. and Tipton Ford.

    The plaintiff is accusing the defendant of infringing on U.S. Patent No. 5,795,120 issued Aug. 18, 1998, for Reduced-Friction Thread
    Forming on Thread Cutting Screw.

    The plaintiff states the defendants' product which is sometimes marked "Taptite 2000" screws is infringing on their '120 patent.

    The plaintiff is asking the court to issue a permanent injunction to prevent the defendants from further acts of infringement,

    for an award of interest, attorneys' fees, and court costs.

    The plaintiff is represented by Dale Quisenberry, John Polasek and Jeffrey David of Polasek, Quisenberry & Errington in Bellaire; Otis Carroll of Ireland, Carroll, Kelley in Tyler; and S. Calvin Capshaw and Elizabeth DeRieux of Capshaw DeRieux in Longview.

    Jury trial is requested.

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

    Case No. 2:10-cv-00230-TJW

  • Condatis LLC v. Arinc Inc., et al

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

    The defendants are ARINC Inc., Boeing Co., Bombardier Inc., Bombardier Transportation (Holdings) USA Inc., BP PLC, BP Corp. North America Inc., BP Oil Shipping Co., BP Products North America Inc., Brunswick Corp., Cummins Inc., Cummins MerCruiser Diesel Marine LLC, Impact Technologies LLC, IMTECH NV, James Fisher and Sons PLC, Joy Global Inc., MACSEA Ltd., Man SE, Man Diesel SE, Man Diesel North
    America Inc., Martikon Inc., Matrikon International Inc., Mercury Marine, MICAD Marine LLC, Modular Mining Systems Inc., Moritz Aerospace Inc., P & H Mining Equipment Inc., Radio Holland USA Inc., Rockwell Automation Inc., Siemens AG, Siemens Corp., Strainstall Group Ltd., Strainstall/Allison Inc., T.E.S.S. LLC, Tessella PLC, Tessella Inc., Transocean Ltd., Transocean Enterprise Inc., Victron Energy B.V., Victron Energy North America Inc., Wartsila Corp. and Wartsila North America Inc.

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

    The plaintiff is asking for the court for an award of damages, costs, expenses, interest, and attorneys' fees.

    Jury trial is demanded.

    The plaintiff is represented by Andrew Spangler of Spangler Law PC in Longview and Gregory Love, Scott Stevens, Darrell Dotson and Todd Brandt of Stevens Love in Longview.

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

    Case No. 2:10-cv-00232-TJW

    July 9

  • Promote Innovation LLC v. Medtronic Inc.

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

    The plaintiff is accusing the defendant of falsely marking its stent-related products including the Endeavor Sprint Zotarolimus-Eluting Coronary Stent System, Medtronic Driver, Medtronic Vascular Micro-Driver, Medtronic Driver MX�, Medtronic Vascular Micro-Drive MX�, Endeavor Zotarolimus-Eluting Coronary Stent System and Medtronic Micro-Driver with U.S. Patent Nos. 6,190,358 and 6,605,057.

    According to the lawsuit, the '358 and '057 were declared unenforceable for fraud on the Patent Office by this District Court on Aug. 28, 2008.

    The plaintiff is asking the court to order the defendant to pay a civil monetary fine of $500 per false marking offense, with one-half being paid to the United States.

    The plaintiff is represented by Zachariah S. Harrington, Matthew J. Antonelli and Larry D. Thompson Jr. of Antonelli, Harrington & Thompson in Houston. Jury trial is requested.

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

    Case No. 2:10-cv-00233-TJW

  • Promote Innovation LLC v Zodiac Pool Systems Inc.

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

    The plaintiff is accusing the defendant of falsely marking its Polaris pool products including at least its Polaris 380 product and its PVS 280 Polaris All Purpose Bags with U.S. Patent No. 4,589,986 which expired on May 20, 2003, and U.S. Patent No, 4,558,479 which expired on Dec. 17, 2002.

    The plaintiff is asking the court to order the defendant to pay a civil monetary fine of $500 per false marking offense, with one-half of which shall be paid to the United States.

    The plaintiff is represented by Zachariah S. Harrington, Matthew J. Antonelli and Larry D. Thompson Jr. of Antonelli, Harrington &
    Thompson in Houston.

    Jury trial is requested.

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

    Case No. 2:10-cv-00234-TJW

    TEXARKANA DIVISION

    July 2

  • Relator Patect LLC v. Honeywell International Inc.

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

    The plaintiff is accusing the defendant of falsely marking its products including the Fram Extra Guard 8039 Air Filter products with U.S. Patent No. D342,990 that expired on Jan. 4, 2008, and the Fram Xtended Guard XG2 Oil Filter, Fram Xtended Guard XG6607 Oil Filter, and Fram Xtended Guard XG 16 Oil Filter products with U.S. Patent No. 4,990,247 that expired on Sept. 9, 2009.

    The plaintiff is asking the court to issue an injunction preventing Honeywell from continued violations and to order the defendant to pay a civil monetary fine of $500 per false marking offense, with one-half being paid to the United States, plus interest.

    The plaintiff is represented by Hao Ni of Ni Law Firm in Dallas, Tyler Brochstein of Brochstein Law Firm in Dallas and Jack Siegel in Dallas.

    Jury trial is requested.

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

    Case No. 5:10cv00111-TJW

    TYLER DIVISION

    July 1

  • Innovative Global Systems LLC vs. Volvo Construction Equipment North American Inc., et al

    Innovative Global Systems is a South Carolina limited liability company with its principal place of business in Rock Hill, S.C.

    The defendants are Volvo Construction Equipment North America, Volvo Trucks North America, Komatsu America Corp., Caterpillar, Hyundai Construction Equipment Americas, Topcon Tierra Startrak Systems, Wireless Matrick USA, JLG Industries, Tyler Industries, Geotab and Navistar.

    The plaintiff is accusing the defendants of infringing on U.S. Patent No. 6,608,554 issued Aug. 19, 2003, for Apparatus and Method for Data Communication Between Vehicle and Remote Data Communication Terminal and U.S. Patent No. 6,411,203 issued June 25, 2002, for Apparatus and Method for Data Communication Between Heavy Duty Vehicle and Remote Data Communication Terminal.

    The defendants are also accused of infringing on U.S. Patent No. 6,744,352 issued June 1, 2004, U.S. Patent No. 7,015,800 issued March 21, 2006, and U.S. Patent No. 7,449,993 issued Nov. 11, 2008 for System, Apparatus and Methods for Data Communication Between Vehicle and Remote Data Communication Terminal, Between Portions of Vehicle and other Portions of Vehicle, Between Two or More Vehicles, and Between Vehicle and Communications Network.

    This is the third lawsuit filed in the Eastern District of Texas by Innovative Global Systems regarding the same five patents.

    The plaintiff is asking the court to permanently enjoin the defendants from further acts of infringement, for an award of all damages and costs incurred by the plaintiff, interest, attorney's fees and costs.

    Jury trial is demanded.

    The plaintiff is represented by Michael Cooke, Jonathan Suder and Todd Blumenfeld of Friedman, Suder & Cooke in Fort Worth; Keith Rutherford, Scott Reese, Sarah Cabell of Wong, Cabello, Lutsch, Rutherford & Brucculeri in Houston; and Eric Albritton in Longview.

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

    Case No. 6:10-cv-00327-LED

    July 2

  • AdjustaCam vs. Amazon.com, et al

    AdjustaCam is a Texas limited liability company with its principal place of business in Frisco.

    The defendants are Amazon.com Inc., Auditek Corp., Blue Microphones LLC, Baltic Latvian Universal Electronics LLC D/B/A Blue Microphones LLC D/B/A Blue Microphone, CDW Corporation F/K/A CDW Computer Centers Inc., CDW Inc., CDW LLC, Compusa.com Inc., Cobra Digital LLC, Creative Technology Ltd, Creative Labs Inc., Dell Inc., Digital Innovations LLC, Eastman Kodak Co., Ezonics Corp. USA, Fry's Electronics Inc, Gear Head LLC, General Electric Co., Hewlett-Packard Co., Intcomex Inc., Jacso Products Co. LLC, Jwin Electronics Corp., Klip Extreme LLC, KMart Corp., Lifeworks Technology Group LLC, Macally Peripherals Inc. D/B/A Macally U.S.A., Mace Group Inc., Micro Electronics Inc. DBA Micro Center, New Compusa Corp., Newegg Inc., Newegg.com Inc., Office Depot Inc., Overstock.com Inc., Phoebe Micro Inc., Prolynkz LLC, Radioshack Corp., Rosewill Inc., Sears Brands LLC, Sears, Roebuck and Co., Sakar International Inc., Sakar Inc., SDI Technologies Inc., Software Brokers of America Inc. D/B/A Intcomex Corp. D/B/A Intcomex, Systemax Inc. D/B/A Compusa, Target Corp., Tigerdirect Inc., Trippe Manufacturing Co. D/B/A Tripp Lite and Wal-Mart Stores Inc.

    The plaintiff is accusing the defendants of willful infringement on U.S. Patent No. 5,855,343 issued Jan. 5, 1999, for Camera Clip.

    The plaintiff is asking the court to issue a permanent injunction enjoining the defendants from continued acts of infringement of the '343 patent, for an award of enhanced damages, attorneys' fees and interest.

    The plaintiff is represented by John J. Edmunds, Michael J. Collins, Henry M. Pogorzelski and Erick Robinson of Collins, Edmonds & Pogorzelski in Houston and Andrew W. Spangler of Spangler Law in Longview.

    Jury trial requested.

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

    Case No. 6:10-cv-00329-LED

    July 6

  • Southwire Company v. Encore Wire Corporation and Cerro Wire Inc.

    Southwire is a Delaware corporation which manufactures cable and wire.

    The plaintiff is accusing the defendants of infringing on U.S. Patent No. 7,749,024 issued on July 6 and U.S. Patent No. 7,411,129 for Method of Manufacturing THHN Electrical Cable, and Resulting Product, with Reduced Required Installation Pulling Force.

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

    Jury trial is demanded.

    The plaintiff is represented by Jason W. Cook of Alston & Bird in Dallas and Frank G. Smith, Keith E. Broyles, George D. Medlock Jr. and David S. Frist of Alston & Bird in Atlanta, Ga.

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

    Case No. 6:10-cv-00330-LED

    July 8

  • Chevron Intellectual Property LLC v. Thorndike Lewis, doing business as T & T Lewis

    Chevron Intellectual Property is a Delaware limited liability company with its principal place of business in California.

    The plaintiff accuses the defendant of infringing Texaco U.S. Trademark Registration No. 794,947 registered Aug. 24, 1965, Star T. Design U.S. Trademark Registration No. 1,315,019 registered Jan. 15, 1985, Texaco and Star T. Design U.S. Trademark Registration No. 1,315,020 registered Jan. 15, 1985, Service Station Canopy Design U.S. Trademark Registration No. 2,259,016 registered July 6, 1999, Gasoline Pump Design U.S. Trademark Registration No. 2,251,166 registered June 8, 1999 and Building Design U.S. Trademark Registration No. 2,264,612 registered July 27,1999.

    Chevron Intellectual Property states that the defendant is operating a service station in Tyler located at 903 Martin Luther King marked with Texaco and Star T marks and trade dress marks.

    "Defendant was given opportunities either to continue as a license of Chevron or to timely remove the Texaco Marks and dress from its facility and declined both," the lawsuit states.

    The plaintiff is asking for the court to issue a permanent injunction enjoining and restraining the defendant from continued use of its trademarks, for a permanent injunction to debrand the facility of all trademark violations, an order to seize all goods bearing counterfeit trademarks, for an award of treble damages or profits, attorneys' fees, damages, profits, costs, punitive and exemplary damages.

    The plaintiff is represented by Travis C. Barton, Patton G. Lochridge and Michael E. Kabat of McGinnis, Lochridge and Kilgore in Austin.

    The case has been assigned to U.S. District Judge Michael H. Schneider.

    Case No. 6:10-cv-00333-MHS

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