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PATENT/COPYRIGHT INFRINGEMENT SUITS
Beaumont Division
Aug. 4
StoneAge is a Colorado corporation with its principal place of business in Durango, Colo.
NLB Corp. is a Michigan corporation doing business under the assumed name National Liquid Blasting Co.
StoneAge accuses the defendant of willfully infringing on U.S. Patent No. 7,635,096 issued Dec. 22, 2009, for Self Regulating Fluid Bearing High Pressure Rotary Nozzle with Balanced Thrust Force; and U.S. Patent No. D617,870 issued June 15 for Self Regulating Fluid Rearing High Pressure Rotary Nozzle.
The plaintiff is asking the court for a preliminary and permanent injunction prohibiting the defendant from further infringement, an award of damages including lost profits, interest, costs, expenses and disbursements, an award of treble damages and attorney's fees.
Jury trial is requested.
Dallas attorneys Brian Carpenter, Eric Buether and Christopher Joe of Buether Joe & Carpenter are representing the plaintiff.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 1:10cv00460
Sherman Division
Aug. 9
Recursion Software is a Texas corporation with its principal place of business in Frisco.
The plaintiff accuses the defendants of infringement of Copyright Registration No. TX 7-183-058 for C++ Toolkit Version 2.0 and Copyright Registration No. TX 7-183-056 for C++ Toolkit Version 2.1.
The plaintiff is asking for the court to form a constructive trust on the profits gained through the unauthorized use of Recursion's Copyrighted Software, for an award of costs of suit, interest, attorneys' fees and expenses for prosecution.
Jury trial is requested.
Dallas attorneys David Harper and Michelle Jacobs of Haynes and Boone are representing the plaintiff.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 4:10cv00403
Tyler Division
Aug. 4
Eon Corp. IP Holdings is a Texas limited liability company with its principal place of business in Tyler.
The defendants are T-Mobile USA Inc., Cincinnati Bell Inc., Research in Motion Corp., Nokia Inc., Best Buy Co. Inc., Wal-Mart Stores Inc., Costco Wholesale Corp., Overstock.com Inc., Sears Roebuck and Co., Amazon.com Inc., Radioshack Corp., Airvana Inc., Alcatel-Lucent USA Inc., D-Links Systems Inc., Intellinet Technologies Inc., Acme Packet Inc. and Juniper Networks Inc.
The plaintiff accuses the defendants of willful infringement of U.S. Patent No. 5,592,491
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, costs, and attorneys' fees.
The plaintiff is represented by Daniel R. Scardino, Jeffery R. Johnson and Cabrach J. Connor of Reed & Scardino in Austin and Deron R. Dacus of Ramey & Flock in Tyler.
Jury trial is requested.
U.S. District Judge Leonard Davis is assigned to the case.
Case No. 6:10cv00379
FALSE PATENT MARKING SUITS
Tyler Division
Aug. 5
Plaintiff's Attorney: Ken W. Good; Kent, Good, Anderson & Bush PC, Tyler
Judge: U.S. District Judge Leonard E. Davis
Patents In Suit: U.S. Patent No. 4,378,670 issued April 5, 1983, for a Hand Scoop for Grass and Leaves
Patent Expiration Date: Aug. 28, 2000
Defendant's Falsely Marked Product: Gardex Leaf Scoop
Case No. 6:10-cv-00387-LED
Patents In Suit: U.S. Patent No. 4,635,406 issued Jan. 13, 1987 for an Apparatus for Stripping Fish Line From a Spool and Sharpening Fish Hooks
Patent Expiration Date: Sept. 28, 2004
Defendant's Falsely Marked Product: Berkeley fishing device
Case No. 6:10-cv-00388
Patents In Suit: U.S. Patent No. 4,378,396 issued Jan. 8, 1963, for Adjustable Jigs for Holding Elongated Parts in Predetermined Angular Positions
Patent Expiration Date: Jan. 8, 1980
Defendant's Falsely Marked Product: Pony Corner and Splicing Clamp
Case No. 6:10-cv-00389
Patents In Suit: U.S. Patent No. 3,651,553 issued on March 28, 1972 for Bearing Race Driver
Patent Expiration Date: March 28, 1989
Defendant's Falsely Marked Product: Bearing Race and Seal Driver
Case No. 6:10-cv-00390
Patents In Suit: U.S. Patent No. 4,821,670 issued April 18, 1989 for Whistle
Patent Expiration Date: Aug. 7, 2007
Defendant's Falsely Marked Product: Fox 40 Whistle device
Case No. 6:10-cv-00391-MHS
Patents In Suit: U.S. Patent No. 5,038,606 issued Aug. 13, 1991 for Rain Gauge
Patent Expiration Date: July 27, 2009
Defendant's Falsely Marked Product: Headwind Original EZ READ Rain Gauge
Case No. 6:10-cv-00392
Patents In Suit: U.S. Patent No. 4,853,999 issued Aug. 8, 1989 and U.S. Patent No. 4,727,612 issued March 1, 1988 for Tail Bridge
Patent Expiration Date: Feb. 29, 2008 and Feb. 2, 2007
Defendant's Falsely Marked Product: Ramparts 8" Ramp Top and Bottom Kit
Case No. 6:10-cv-00393
Patents In Suit: U.S. Patent No. 4,784,086 issued Nov. 15, 1988 and U.S. Patent No. 4,905,629 March 6, 1990 for Method and Apparatus for Preventing Insects from Entering the Food Area of an Animal Feeding Bowl
Patent Expiration Date: Dec. 11, 2007 and Nov. 15, 2008.
Defendant's Falsely Marked Product: Petmate Fool-A-Bug,
Case No. 6:10-cv-00394
Patents In Suit: U.S. Patent No. 5,046,370 issued Sept. 10, 1991 for Flow Meter with Improved Turbine Blades
Patent Expiration Date: Aug. 2, 2009
Defendant's Falsely Marked Product: Electronic Fuel Meter
Case No. 6:10-cv-00395
Patents In Suit: U.S. Patent No. 4,176,989 issued Dec. 4, 1979 for Auxiliary device for boring of dowel holes in boards
Patent Expiration Date: Aug. 17, 1998
Defendant's Falsely Marked Product: Dowel Quick
Case No. 6:10-cv-00396
Patents In Suit: U.S. Patent No. 4,493,348 issued Jan. 15, 1985 for Method and Apparatus for Orally Dispensing Liquid Medication
Patent Expiration Date: Jan. 5, 2003
Defendant's Falsely Marked Product: AdaptaCap™ Bottle Adapter
Case No. 6:10-cv-00397
Patents In Suit: U.S. Patent No. 4,596,406 issued June 24, 1986 for Hand Scoop for Grass and Leaves
Patent Expiration Date: Sept. 13, 2005
Defendant's Falsely Marked Product: Convert-A-Ball device,
Case No. 6:10-cv-00398
Patents In Suit: U.S. Patent No. 4,895,094 issued Jan. 23, 1990 for Fender Hanger
Patent Expiration Date: Sept. 30, 2008
Defendant's Falsely Marked Product: Fender Tender II
Case No. 6:10-cv-00399
Patents In Suit: U.S. Patent No. 4,599,919 issued July 15, 1986 for Sharpening Device
Patent Expiration Date: Feb. 27, 2004
Defendant's Falsely Marked Product: AccuSharp Knife & Tool Sharpener
Case No. 6:10-cv-00400
Patents In Suit: U.S. Patent No. 4,509,662 issued April 9, 1985 for Caulking Gun
Patent Expiration Date: Jan. 13, 2003
Defendant's Falsely Marked Product: Smooth Rod Caulking Gun
Case No. 6:10-cv-00401
Patents In Suit: U.S. Patent No. 4,150,464 issued April 24, 1979 and U.S. Patent No. 4,171,555 issued Oct. 23, 1979 for Buckle
Patent Expiration Date: Aug.10, 1997 and May 1, 1998
Defendant's Falsely Marked Product: Fastex buckle devices
Case No. 6:10-cv-00402
Patents In Suit: U.S. Patent No. D336,029 issued June 1, 1993 for Retractable Blade Utility Knife
Patent Expiration Date: June 1, 2007
Defendant's Falsely Marked Product: Lutz 82 Utility Knife device
Case No. 6:10-cv-00403
Patents In Suit: U.S. Patent No. D311,513 issued Oct. 23, 1990 for Torque Equalizer of a Boat Stabilizer
Patent Expiration Date: Oct. 23, 2004
Defendant's Falsely Marked Product: StingRay Torque Equalizers
Case No. 6:10-cv-00404
Patents In Suit: U.S. Patent No. 4,936,409 issued June 26, 1990 for Battery Hold Down Device
Patent Expiration Date: Aug. 14, 2009
Defendant's Falsely Marked Product: Battery Holder device
Case No. 6:10-cv-00405
Patents In Suit: U.S. Patent No. D346,319 issued April 26, 1994 for Razor Blade Scraper
Patent Expiration Date: April 26, 2008
Defendant's Falsely Marked Product: Ergonomic Glass Scraper
Case No. 6:10-cv-00406
Patents In Suit: U.S. Patent No. 3,411,501 issued Nov. 19, 1968 for Thermoplastic Mouthpiece and Method of Making Same and U.S. Patent No. 3,250,272 issued May 10,1966 for Mouthpiece
Patent Expiration Date: Nov. 19, 1985 and May 10, 1983
Defendant's Falsely Marked Product: All American Mouthguard device
Case No. 6:10-cv-00407
Patents In Suit: U.S. Patent No. 4,889,322 issued Dec. 26, 1989 for Post Brace Apparatus and System and U.S. Patent No. 4,979,724 issued Dec. 25, 1990 for Double Action Expansion Wedge for Mounting Collar Patent Expiration Date: Oct.12, 2008 and Sept. 27, 2009
Defendant's Falsely Marked Product: Bracing Hardware for T-posts
Case No. 6:10-cv-00408