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

SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

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

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PATENT/COPYRIGHT INFRINGEMENT SUITS

Beaumont Division

Aug. 4

  • StoneAge Inc. v. NLB Corp.

    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 Inc. v. Double-Take Software Inc., formerly known as NSI Software Inc., and Network Specialists Inc.

    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 LLC v. T-Mobile USA Inc., et al.

    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: Patent Group LLC
    Plaintiff's Attorney: Ken W. Good; Kent, Good, Anderson & Bush PC, Tyler
    Judge: U.S. District Judge Leonard E. Davis

  • Defendant: Keller Manufacturing Co.
    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

  • Defendant: Pure Fishing Inc.
    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

  • Defendant: Adjustable Clamp Co.
    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

  • Defendant: Lisle Corp.
    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

  • Defendant: Sport Craft, Ltd.
    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

  • Defendant: Glenn Family Inc.
    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

  • Defendant: Cequent Consumer Products Inc.
    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

  • Defendant: Aspen Pet Products Inc.
    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

  • Defendant: Great Plains Industries Inc.
    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

  • Defendant: Wolfcraft Inc.
    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

  • Defendant: Baxa Corp.
    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

  • Defendant: Convert-A-Ball Distributing Inc.
    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

  • Defendant: Davis Instruments Corp.
    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

  • Defendant: Fortune Products Inc.
    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

  • Defendant: Great American Marketing Inc.
    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

  • Defendant: Illinois Tool Works Inc.
    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

  • Defendant: Maine Wood Turning Inc.
    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

  • Defendant: Marine Dynamics Inc.
    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

  • Defendant: T-H Marine Supplies Inc.
    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

  • Defendant: Techni Edge Manufacturing Corp.
    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

  • Defendant: Ultimate Sports Co.
    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

  • Defendant: Wedge-Loc Co. Inc.
    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

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