PATENT INFRINGEMENT CASES

Marshall Division

Aug. 12

  • Quark Images LLC v. Adidas AG, et al.

    Quark Images is a Texas corporation with its principal place of business in Longview.

    The defendants are Adidas AG, Adidas America Inc., Adidas International Inc., America First Federal Credit Union, BBVA Compass Bancshares Inc., Banco Bilbao Vizcaya Argentaria S.A., BBVA USA Bancshares Inc., Bayerische Motoren Werke AG, BMW Bank of North America, BMW Financial Services NA, Capital One Financial Corporation, Capital One, National Association, Capital One Services, CardLab Inc., Discover Financial Services, Hallmark Cards Inc., Mars Inc., Nike Inc., Oakley Inc., PAYjr Inc., Polo Ralph Lauren Corp., Ralph Lauren Media, Reebok International, Serverside Group, Shoreline Business Solutions, Sole Technology, The Topps Company Inc., Wescom Credit Union, Zions Bancorporation and Zions First National Bank.

    The plaintiff alleges that the defendants are willfully infringing on U.S. Patent No. 6,493,677 issued Dec. 10, 2002, and U.S. Patent No. 6,845,365 issued Jan. 18, 2005, for Method and Apparatus for Creating and Ordering Customized Branded Merchandise over a Computer Network.

    The plaintiff is seeking a permanent injunction stopping the defendants from further acts of infringement, an award of damages, costs, expenses, interest and attorneys' fees.

    Jury trial is demanded.

    The plaintiff is represented by Andrew Spangler of Spangler Law 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. 2:10cv00293

    Aug. 13

  • Ameranth Inc. v. Par Technology Corp., et al.

    Ameranth is a Delaware corporation with its principal place of business in San Diego, Calif.

    The defendants are Par Technology Corp., Partech Inc., Kudzu Interactive Inc., Lone Tree Technology Inc., Munchaway LLC., Menusoft Systems Corp. and Cash Register Sales & Service of Houston Inc.

    The plaintiff alleges that the defendants are willfully infringing the following patents:

  • U.S. Patent No. 6,384,850 issued May 7, 2002, for Information Management and Synchronous Communications System with Menu Generation;
  • U.S. Patent No. 6,871,325 issued March 22, 2005, for Information Management and Synchronous Communications System with Menu Generation; and
  • U.S. Patent No. 6,982,733 issued for Jan. 3, 2006, for Information Management and Synchronous Communications with Menu Generation, and Handwriting and Voice Modification of Orders.

    The plaintiff is seeking a permanent injunction stopping the defendants from further acts of infringement, an award of damages, treble damages, attorney's fees and costs.

    Jury trial is demanded.

    The plaintiff is represented by Michael S. Smith of Siebman, Burg, Phillips & Smith in Marshall and John Osborne, Peter Fill, James Gould, Steven Purdy and Peter H. Noh of Locke Lord Bissell & Liddell in New York.

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

    Case No. 2:10cv00294

  • InMotion Imagery Technologies v. Evil Angel Productions Inc., et al.

    InMotion Imagery Technologies is a limited liability organized in Texas and located in Marshall.

    The defendants are Evil Angel Productions Inc., Twentieth Century Fox Home Entertainment, Fox Searchlight Pictures Inc., Lions Gate Entertainment Inc., Universal Studios Home Entertainment, Focus Features, Sony Pictures Entertainment Inc., Paramount Home Entertainment Inc., Paramount Home Entertainment Distribution Inc., DW Studios, DreamWorks Animation Home Entertainment, Nu Image Inc., First Look Studios Inc., Digital Playground Inc. and SBO Pictures Inc. doing business as Wicked Pictures.

    The plaintiff alleges that the defendant is infringing on U.S. Patent No. 6,526,219 issued Febr. 25, 2003, for Picture-Based Video Indexing System.  

    The complaint alleges the defendants are willfully infringing on patent '219 by selling videos indexed with images that are displayed in windows when at least one window displays motion imagery.  

    The plaintiff is seeking a permanent injunction stopping the defendants from further acts of infringement, damages, treble damages, attorney's fees and costs.

    Jury trial is demanded.

    The plaintiff is represented by William E. Davis III of The Davis Firm in Longview; Douglas L. Bridges and Jacqueline Knapp of Heninger Garrison Davis LLC in Atlanta, Ga.; and John F. Ward and John W. Olivio Jr. of Ward and Olivio in New York.

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

    Case No. 2:10cv00295

  • Harbison-Fischer Inc. vs. Tomcat Specialty Oil Tools

    Harbison-Fischer is a Delaware corporation with its principal place of business in Crowley, Texas.

    The plaintiff alleges that the defendant is willfully infringing on U.S. Patent. No. 6,830,441 issued Dec. 14, 2004, for Valve for Downhole Pump. The '441 patent relates to a valve cage for a downhole pump.  

    The plaintiff is asking for a permanent injunction enjoining the defendant from further acts of infringement of the '441 patent, an award of actual damages, treble damages, interest, costs and attorneys' fees.

    The plaintiff is represented by Daniel L. Bates and Geoffrey A. Mantooth of Decker, Jones, McMackin, McClane, Hall & Bates in Fort Worth.

    Jury trial requested.

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

    Case No. 2:10cv00296

    Aug. 16

  • Exitexchange Corp. vs. Casale Media Inc., et al.

    Plaintiff ExitExchange is a Texas corporation.

    The defendants are Casale Media Inc., Adchemy Inc., Belo Corp., Belo Interactive Inc., CPX Interactive LLC, Exponential Interactive Inc., Mediafire Inc., Optimax Media Delivery LLC, Pulse 360 Inc., Suburban Community Newspapers LLC, TrafficMarketplace Inc., Valueclick Inc., The Weather Channel Interactive Inc. and West 10 Newspapers Inc.

    The plaintiff alleges that the defendants are willfully infringing on the U.S. Patent No. 7,386,555 B2 issued June 10, 2008, for Post-Session Internet Advertising System.

    The plaintiff is asking for a permanent injunction enjoining the defendants from further acts of infringement of the '555 patent, an award of compensatory damages, treble compensatory damages, costs of suit, attorneys' fees, and interest.

    The plaintiff is represented by S. Calvin Capshaw and Elizabeth L. DeRieux of Capshaw DeRieux LLP in Longview.

    Jury trial requested.

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

    Case No. 2:10cv00297

  • e-Lynxx Corp. vs. Innerworkings Inc., et al.

    Plaintiff e-Lynxx Corp. is a Pennsylvania corporation with its principal offices in Chambersburg, Penn.

    The defendants are Innerworkings Inc., Rent-A-Center Inc., Taylor Corp., Dr. Pepper Snapple Group Inc., Staples Inc., Workflow Solutions LLC d/b/a WorkflowOne Inc. and R.R. Donnelley & Sons Co.

    The plaintiff alleges that the defendants are willfully infringing on the U.S. Patent No. 7,451,106 B1 issued on Nov. 11, 2008, for System and Method for Competitive Pricing and Procurement of Customized Goods and Services.

    The patent is a for an apparatus and method for creating a database representing pools of vendors of goods and services for one or more subscribers and for selecting the lowest bidder from the database's represented vendor pool on a per-job basis.

    The plaintiff is asking for a permanent injunction enjoining the defendants from further acts of infringement of the '106 patent, an award of damages, costs, expenses, interest, enhanced damages and attorneys' fees.

    The plaintiff is represented by Mark D. Strachan and Darren P. Nicholson of Sayles Werbner in Dallas and Jonathan T. Suder of Friedman, Suder & Cooke in Fort Worth.

    Jury trial requested.

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

    Case No. 2:10cv00299

  • Webmap Technologies LLC v. Garmin International Inc., et al.

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

    The defendants are Garmin International Inc., Garmin USA Inc., GlobalMotion Media Inc., MapMyFitness Inc., Nike Inc., TomTom International BV and TomTom Inc. also known as TomTom Navigation Inc.

    The plaintiff alleges that the defendants are willfully infringing on the U.S. Patent No. 6,772,142 issued Aug. 3, 2004, for Method and Apparatus for Collecting and Expressing Geographically-Referenced Data.

    The plaintiff is asking for a permanent injunction enjoining the defendants from further acts of infringement of the '142 patent, an award of damages, costs, expenses, interest, enhanced damages and attorneys' fees.

    The plaintiff is represented by John Edmonds, Michael Collins, Henry Pogozelski and Erick Robinson of Collins, Edmonds & Pogozelski in Houston and Andrew Spangler of Spangler Law in Longview.

    Jury trial requested.

    Court assignment pending.

    Case No. 2:10cv00301

    Sherman Division

    Aug. 16

  • Frito-Lay North America Inc. v Rice Investments LP and UTZ Quality Foods Inc.

    The plaintiff accuses the defendants of trademark infringement and unfair competition under the Trademark Act, trademark dilution, trademark infringement unfair competition and unjust enrichment under Texas common law of its Grandma's cookies Marks and Trade Dress.

    Frito-Lay states it has used the mark Grandma's and designs incorporating that mark in association with cookies since at least as early as 1930.  

    According to the lawsuit, the defendants began selling a line of cookies virtually identical to Frito-Lay's line of Grandma's cookies, using a mark and trade that imitate Grandma's Marks and Trade Dress.  

    Frito-Lay argues the defendants' product designs are likely to cause confusion, to cause mistake or to deceive customers as to the affiliation with Frito-Lay.

    The plaintiff is asking the court for a permanent injunction to stop the infringement, for an award of treble damages, an accounting of defendants' profits associated with the infringement and that such profit be paid over to Frito-Lay, attorney fees, and interest.

    The plaintiff is represented by Susan J. Hightower of Pirkey Barber in Austin.

    Jury trial requested.

    Court assignment pending.

    Case No. 4:10-cv-00419

    Tyler Division

    Aug. 11

  • B.I. Systems LLC v. Advizor Solutions Inc., et al.

    B.I. Systems is a Texas limited liability company with its principal place of business in Frisco.

    The defendants are Advizor Solutions Inc., Corda Technologies Inc., Drilling Info Inc., LogiXML Inc., SAP America Inc., SAS Institute Inc., StatSoft Inc. and Tibco Software Inc.

    The plaintiff alleges that the defendants are willfully infringing on the U.S. Patent No. 5,894,311 issued April 13, 1999, for Computer-Based Visual Data Evaluation.

    The plaintiff is asking the court to order the defendants to account for and pay all damages and costs incurred due to the infringing activities, an award of interest and attorney's fees.

    The plaintiff is represented by Edward Casto Jr. of Nelson Bumbardner Casto in Fort Worth, Brannon Latimer of Latimer Intellectual Property in Fort Worth and T. John Ward Jr. and Wesley Hill of Ward & Smith Law Firm in Longview.

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

    Case No. 6:10-cv-00416

  • VirnetX Inc. vs. Cisco Systems Inc., et al.

    VirnetX is a Delaware corporation with its principal place of business in California.

    The defendants are Cisco Systems Inc., Apple Inc., Aastra USA Inc., Aastra Technologies Ltd., NEC Corp. and NEC Corp. of America.

    The plaintiff alleges that the defendants are willfully infringing on the following patents:

  • U.S. Patent No. 6,502,135 issued Dec. 31, 2002, for Agile Network Protocol for Secure Communications with Assured System Availability,
  • U.S. Patent No. 6,839,759 issued Jan. 4, 2005, for Method for Establishing Secure Communication Link Between Computers of Virtual Private Network Without User Entering Any Cryptographic Information,
  • U.S. Patent No. 7,188,180 issued March 6, 2007, for Method for Establishing Secure Communication Link Between Computers of Virtual Private Network,
  • U.S. Patent No. 7,418,504 issued Aug. 26, 2008, for Agile Network Protocol for Secure Communications Using Secure Domain Names and
  • U.S. Patent No. 7,490,151 issued Feb. 10, 2009, for Establishment of a Secure Communication Link Based on a Domain Name Service (DNS) Request.

    The plaintiff is asking the court to issue a permanent injunction stopping defendants from continuing acts of infringement and an award of damages, treble damages, costs, expenses, attorneys' fees and interest.

    The plaintiff is represented by Douglas Cawley, Luke McLeroy, Bradley Caldwell and Jason Cassady of McKool Smith in Dallas; Sam Baxter of McKool Smith in Marshall; and Robert Parker and Robert Bunt of Parker, Bunt & Ainsworth in Tyler.  

    Jury trial requested.

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

    Case No. 6:10-cv-00417

    Aug. 17

  • Realtime Data LLC v.  CME Group, Inc., et al.

    Realtime Data, doing business as IXO, is a limited liability company organized under the laws of New York with places of business in New York and Tyler, Texas.

    The defendants are CME Group Inc., Board of Trade of the City of Chicago, New York Mercantile Exchange Inc., BATS Exchange Inc., International Securities Exchange LLC, NASDAQ OMX Group Inc., NASDAQ OMX PHLX Inc., NYSE Euronext, NYSE Arca Inc., NYSE Amex LLC, SIAC, Chicago Board Options Exchange, Boston Options Exchange Group LLC and OPRA.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 7,777,651 issued Aug. 17 for System and Method for Data Feed Acceleration and Encryption.

    The plaintiff is asking the Court to issue a permanent injunction stopping defendants from continuing acts of infringement and an award of damages, costs, expenses, attorneys' fees and interest.

    The plaintiff is represented by Sam Baxter of McKool Smith in Marshall; Robert Cote, Brett Cooper, and Benjamin Warlick of McKool Smith in New York; and Laurie Fitzgerald and John Shumaker of McKool Smith in Austin.  

    Jury trial requested.

    Court assignment pending.

    Case No. 6:10-cv-00426

  • Realtime Data LLC v.  Thomson Reuters Corp., et al.

    Realtime Data, doing business as IXO, is a limited liability company organized under the laws of New York with places of business in New York and Tyler, Texas.

    The defendants are Thomson Reuters Corp., Bloomberg, FactSet Research Systems Inc., Interactive Data Corp., Penson Worldwide Inc. and Nexa Technologies.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 7,777,651 issued Aug. 17 for System and Method for Data Feed Acceleration and Encryption.

    The plaintiffs are asking the court to issue a permanent injunction stopping defendants from continuing acts of infringement and an award of damages, costs, expenses, attorneys' fees and interest.

    The plaintiff is represented by Sam Baxter of McKool Smith in Marshall; Robert Cote, Brett Cooper and Benjamin Warlick of McKool Smith in New York; and Laurie Fitzgerald and John Shumaker of McKool Smith in Austin.  

    Jury trial requested.

    Court assignment pending.

    Case No. 6:10-cv-00425

  • Realtime Data, LLC d/b/a IXO v. Morgan Stanley, et al.

    Realtime Data, doing business as IXO, is a limited liability company organized under the laws of New York with places of business in New York and Tyler, Texas.

    The defendants are Morgan Stanley, Morgan Stanley & Co., Bank of America Corp., Banc of America Securities, Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith, The Bank of New York Mellon Corp., BNY ConvergEX Group, BNY ConvergEx Execution, Credit Suisse, Credit Suisse Securities, Goldman Sachs, Goldman Sachs Execution, HSBC Securities, J.P. Morgan Securities, J.P. Morgan Clearing, SWS Group and Southwest Securities.

    The plaintiff alleges that the defendants are infringing on U.S. Patent No. 7,777,651 issued Aug. 17 for System and Method for Data Feed Acceleration and Encryption.

    The plaintiffs are asking the court to issue a permanent injunction stopping defendants from continuing acts of infringement and an award of damages, costs, expenses, attorneys' fees and interest.

    The plaintiff is represented by Sam Baxter of McKool Smith in Marshall; Robert Cote, Brett Cooper and Benjamin Warlick of McKool Smith in New York; and Laurie Fitzgerald and John Shumaker of McKool Smith in Austin.  

    Jury trial requested.

    Court assignment pending.

    Case No. 6:10-cv-00426

    FALSE PATENT MARKING CASES

    Marshall Division

    Aug. 12

  • Plaintiff: Texas Data Co., LLC.
    Plaintiff's Attorney: Scott Stevens, Keyle Nelson; Stevens Love, Longview
    Judge: T. John Ward

  • Defendant: Bayer Healthcare, LLC.
    Patents In Suit: U.S. Patent No. 5,120,420 issued June 9, 1992, for Biosensor and a process of preparation thereof, U.S. Patent No. 5,134,391 issued July 28, 1992, for system for preventing the use of an unauthorized external memory
    Patent Expiration Date:  June 9, 2009, and Jan. 8, 2010
    Defendant's Falsely Marked Product: Contour and Didget blood glucose monitoring systems
    Case No. 2:10cv00292

    Aug. 16

  • Plaintiff: Promote Innovation LLC
    Plaintiff's Attorney: Zachariah S. Harrington, Matthew J. Antonelli, Larry D. Thompson, Jr.; Antonelli, Harrington & Thompson LLP, Houston

  • Defendant: Watson Pharma Inc., Watson Pharmaceuticals Inc.
    Patents In Suit:
    U.S. Patent No. 4,849,224 which expired Nov. 12, 2007
    U.S. Patent No. 4,855,294 which expired Sept. 6, 2008
    U.S. Patent No. 4,863,970 which expired July 13, 2008
    U.S. Patent No. 4,983,395 which expired March 21, 2009
    Defendant's Falsely Marked Product:  unknown (can be found on www.androderm.com)
    Case No. 2:10cv00300

    Tyler Division

    Aug. 11

    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: Arthur Lansky Levine & Associates Inc. d/b/a Lansky Sharpeners Corp.
    Patents In Suit:
    U.S. Patent No. 4,471,951 issued Sept. 18, 1984 for Sharpener Mounting Construction,
    U.S. Patent No. D273,081 issued March 20, 1984 for Sharpening Stone Holder for Knife Sharpener,
    U.S. Patent No. D278,237 issued April 2, 1985 for Knife Holder for Knife Sharpener,
    U.S. Patent No. 4,512,112 issued April 23, 1985 for Knife Sharpener Clamp Construction,
    U.S. Patent No. D271,444 issued Nov. 22, 1983 for Carrying Case for Knife Sharpening Apparatus,
    U.S. Patent No. 4,640,058 issued Feb. 3, 1987 got Portable Blade Sharpener, and
    U.S. Patent No. 4,777,770 issued Oct. 18, 1988 for Knife Sharpener
    Patent Expiration Date: '951 patent expired Nov. 30, 2001; '081 patent expired March 20, 1998; '237 patent expired April 2, 1999; '112 patent expired Oct. 4, 2002; '444 patent expired Nov. 22, 1997; '058 patent expired on Sept. 30, 2005; and '770 patent expired Oct. 18, 2005.
    Defendant's Falsely Marked Product: Super C-Clamp device
    Case No. 6:10-cv-00413-LED

  • Defendant: William H. Harvey Co.
    Patents In Suit: U.S. Patent No. 3,400,411 issued Sept. 10, 1968, for Sealing Gasket Means and U.S. Patent No. 2,750,216 issued June 12, 1956, for Bowl Sleeve Gasket
    Patent Expiration Date:  Sept. 10, 1985, and June 12, 1973
    Defendant's Falsely Marked Product: No-Seep Wax Toilet Bowl Gasket device
    Case No. 6:10-cv-00414-LED

  • Defendant: Newell Rubbermaid Inc. and Push Pin Co.
    Patents In Suit: U.S. Patent No. 4,869,143 issued Sept. 26, 1989, for Card File Punch
    Patent Expiration Date: July 27, 2008
    Defendant's Falsely Marked Product: Rolodex Punch device
    Case No. 6:10-cv-00415-LED

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