PATENT INFRINGEMENT CASES

Marshall Division

Sept. 13

  • Nichia Corp. v Wilmar Corp.

    Plaintiff Nichia is a Japanese corporation.

    The defendant is accused of infringing on the following patents:

  • U.S. Patent No. 5,998,925 issued Dec. 7, 1999, for Light Emitting Device Having a Nitride Compound Semiconductor and a Phosphor Containing a Garnet Fluorescent Material;
  • U.S. Patent No. 7,531,960 issued May 12, 2009, for Light Emitting Device with Blue Light LED and Phosphor Components;
  • U.S. Patent 5,652,434 issued July 29, 1997, for III-V Group Compound Semiconductor; and
  • U.S. Patent No. 6,093,965 issued July 25, 2000, for Gallium Nitride-Based III-V Group Compound Semiconductor.

    Nichia accuses Wilmar of willful infringement.

    The plaintiff is asking the court to issue an injunction preventing the defendant from further acts of infringement and for an award of damages, treble damages, interest, attorney's fees and court costs.

    Nichia is represented by Otis Carroll, Collin Maloney and Mandy Carroll Nelson of Ireland, Carroll & Kelley of Tyler.

    Additional counsel includes Kenneth Krosin and Michael Kaminski of Foley & Lardner of Washington, D.C.

    Jury trial is requested.

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

    Case No. 2:10-cv-00358

    Sept. 14

  • Wireless Recognition Technologies LLC v. A9.com Inc., et al.

    Wireless Recognition Technologies is a limited liability company with its principal place of business in Frisco.

    The defendants are A9.com Inc., Amazon.com Inc., Google Inc., Nokia Inc. and Ricoh Innovations Inc.

    The defendants are accused of infringing on U.S. Patent No.7,392,287 issued June 24, 2008, for Method and Apparatus for Sharing Information Using a Handheld Device.

    Wireless Recognition Technologies is asking the court for an injunction to prevent the damages from further acts of infringement and for an award of damages, costs, expenses, interest and attorney's fees.

    The plaintiff is represented by William E. Davis III of The Davis Firm in Longview and Cameron Tousi, David Farnum and Ralph Albrecht of Albrecht Tousi Farnum in Washington, D.C.

    Jury trial is requested.

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

    Case No. 2:10-cv-00364

  • Wireless Recognition Technologies LLC v. Nokia Corp., et al.

    Wireless Recognition Technologies is a limited liability company with its principal place of business in Frisco.

    The defendants are Nokia Corp. and Ricoh Co. Ltd.

    The defendants are accused of infringing on U.S. Patent No.7,392,287 issued June 24, 2008, for Method and Apparatus for Sharing Information Using a Handheld Device.

    Wireless Recognition Technologies is asking the court for an injunction to prevent the damages from further acts of infringement and for an award of damages, costs, expenses, interest and attorney's fees.

    The plaintiff is represented by William E. Davis III of The Davis Firm in Longview and Cameron Tousi, David Farnum and Ralph Albrecht of Albrecht Tousi Farnum in Washington, D.C.

    Jury trial is requested.

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

    Case No. 2:10-cv-00365

    Tyler Division

    Sept. 13

  • Global Ground Automation Inc. v. Groundrez LLC

    Global Ground Automation is a Delaware corporation with its principal place of business in New Jersey.

    The defendant is accused of willful infringement of U.S. Patent No. 5,953,706 issued Sept. 14, 1999, for Transportation Network System.

    Global Ground is asking the court to issue an injunction prohibiting the defendant from further acts of infringement, for an award of damages, treble damages, attorney's fees, costs and interest.

    The plaintiff is represented by Christopher Joe of Greenberg Traurig in Dallas and John P. Ward, E. Patrick Ellisen and James W. Soong of Greenberg Traurig in East Palo Alto, Calif.

    Jury trial is requested.

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

    Case No. 6:08cv00374

    Sept. 14

  • Uniloc USA Inc. and Uniloc (SINGAPORE) Private Limited v. Disk Doctors Labs Inc., et al.

    Uniloc USA is a Texas corporation with a place of business in Plano and in Tyler.

    The defendants are Disk Doctors Labs Inc., SolarWinds Worldwide, SolarWinds Inc., Vipre Software Inc., Sunbelt Software Inc., Sunbelt Software Distribution Inc., MakeMusic Inc., ComponentOne, Unity Technologies SF, Thursby Software Systems Inc., 2X Software, Berkley Integrated Audio Software Inc., Stat-Ease Inc., Nitro PDF Inc., Camera Bits Inc., Intego Inc. and CimQuest INGEAR.

    The defendants are accused of infringing on U.S. Patent No. 5,490,216 issued Feb. 6, 1996, for System for Software Registration.

    Uniloc argues the infringement is willful.

    The plaintiff is asking the court for an injunction to prohibit the defendants from further acts of infringement and for an award of damages, costs, expenses, interest, enhanced damages and attorney's fees.

    Uniloc is represented by James Etheridge of Etheridge Law Group in Southlake, T. John Ward Jr. and Wesley Hill of Ward & Smith Law Firm in Longview and Eric M. Albritton of Albritton Law Firm in Longview.

    Jury trial is requested.

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

    Case No. 6:10-cv-00471

  • Uniloc USA Inc. and Uniloc (SINGAPORE) Private Limited v. National Instruments Corp., et al

    Uniloc USA is a Texas corporation with a place of business in Plano and in Tyler.

    The defendants are National Instruments Corp., Pervasive Software Inc., Adobe Systems Inc., FileMaker Inc., SafeNet Inc., CA Inc., Pinnacle Systems Inc., Sonic Solutions, Onyx Graphics Inc., Symantec Corp., Aladdin Knowledge Systems Inc. and Aladdin Knowledge Systems Ltd.

    The defendants are accused of infringing on U.S. Patent No. 5,490,216 issued Feb. 6, 1996, for System for Software Registration.

    Uniloc argues the infringement is willful.

    The plaintiff is asking the court for an injunction to prohibit the defendants from further acts of infringement and for an award of damages, costs, expenses, interest, enhanced damages and attorney's fees.

    Uniloc is represented by Paul Hayes and Dean G. Bostock of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo in Boston, Mass., and T. John Ward Jr. and Wesley Hill of Ward & Smith Law Firm in Longview.

    Jury trial is requested.

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

    Case No. 6:10-cv-00472

  • Ericsson Inc. and Telefonaktiebolaget LM Ericsson v. D-Link Corp., et al.

    Plaintiff Ericsson is a Delaware corporation with its principal place of business in Plano. Plaintiff Telefonaktiebolaget LM Ericsson is a Swedish corporation.

    The defendants are D-Link Corp., D-Link Systems Inc., Netgear Inc., Acer Inc., Acer America Corp. and Gateway Inc.

    The defendants are accused of infringing on the following patents-in-suit:

  • U.S. Patent No. 5,771,468 issued June 23, 1998, for Multi-Purpose Base Station;
  • U.S. Patent No. 5,790,516 issued Aug. 4, 1998, for Pulse Shaping for a Data Transmission in an Orthogonal Frequency Division Multiplexed System;
  • U.S. Patent No. 5,987,019 issued Nov. 16, 1999, for Multi-Rate Radiocommunication Systems and Terminals;
  • U.S. Patent No. 6,330,435 issued Dec. 11, 2001, for Data Packet Discard Notification;
  • U.S. Patent No. 6,424,625 issued July 23, 2002, for Method and Apparatus for Discarding Packets in a Data Network Having Automatic Repeat Request;
  • U.S. Patent No. 6,466,568 issued Oct. 15, 2002, for Multi-Rate Radiocommunication Systems and Terminals;
  • U.S. Patent No. 6,519,223 issued Feb. 11, 2003, for System and Method for Implementing a Semi Reliable Retransmission Protocol;
  • U.S. Patent No. 6,772,215 issued Aug. 3, 2004, for Method for Minimizing Feedback Responses in ARQ Protocols; and
  • U.S. Patent No. 6,173,352 issued Jan. 9, 2001 for Mobile Computer Mounted Apparatus for Controlling Enablement and Indicating Operational Status of a Wireless Communication Device Associated with the Mobile Computer.

    The plaintiffs are seeking damages for actual damages, enhanced damages, interest, attorney's fees and court costs.

    The plaintiffs are represented by Dallas attorneys Theodore Stevenson III, Douglas A. Cawley and Bradley W. Caldwell and Marshall attorney Sam Baxter of McKool Smith.

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

    Case No. 6:10-cv-00473

    Texarkana Division

    Sept. 15

  • LG Electronic Inc. v. Vizio Inc., et al

    Plaintiff LG Electronic is a South Korea corporation.

    The defendants are Vizio Inc., AmTran Technology Co. Ltd. and AmTran Logistics Inc.

    The defendants are accused of infringing on U.S. Reissued Patent No. RE 37,070 issued Feb. 27, 2001, for High-Definition Television Receiver; U.S. Patent No. 6,785,906 issued Aug. 31, 2004, for Polling Internet Module of Web TV; and U.S. Patent No. 6,598,233 issued July 22, 2003, for Channel Control Apparatus of Digital Television and Method Thereof.

    The plaintiff argues the infringement is willful.

    LG Electronic is asking the court to prevent the defendants form further acts of infringement and for an award of enhanced damages, costs, attorney's fees and interest.

    The plaintiff is represented by James A. Fussell and Michael J. McKeon of Fish & Richardson of Washington, D.C.

    Jury trial is requested.

    U.S. District Judge David Folsom is assigned to the case.

    Case No. 5:10-cv-00161

    FALSE PATENT MARKING CASES

    Marshall Division

    Sept. 15

  • Plaintiff: Daniel M. Hightower
    Plaintiff's Attorney: Stafford Davis; The Stafford Davis Firm, Tyler; D. Neil Smith, Derek Gilliland, John Hull; Nix Patterson & Roach, Daingerfield
    Judge: T. John Ward

  • Defendant: Sud Chemie, Inc. d/b/a Sud Chemie Performance Packaging
    Patents In Suit: U.S. Patent No. 4,093,105 issued June 6, 1978, for Plastic Container with Vent Means
    Patent Expiration Date: '105 patent expired on June 6, 1995.
    Defendant's Falsely Marked Product: Sorb-It Desiccant Canister devices
    Case No. 2:10-cv-00366

    Sept. 17

  • Plaintiff: Promote Innovations LLC
    Plaintiff's Attorney: Larry D. Thompson, Jr., Zachariah S. Harrington, Matthew J. Antonelli; Antonelli, Harrington & Thompson, Houston
    Judge: T. John Ward

  • Defendant: The Elations Co.
    Patents In Suit: U.S. Patent No. 4,737,375
    Patent Expiration Date: '375 patent expired on Dec. 26, 2005.
    Defendant's Falsely Marked Product: Elations Healthier Joints products
    Case No. 2:10-cv-00368

  • Plaintiff: Patent Group LLC
    Plaintiff's Attorney: Stafford Davis; Stafford Davis Firm, Tyler
    Judge: Court assignment pending

  • Defendant: Strike King Lure Company, Hart Tackle LLC and EBSCO Industries Inc.
    Patents In Suit: U.S. Patent No. 4,201,008 for Fishing Lure and Spinner issued on May 6, 1980.
    Patent Expiration Date: the '008 patent expired on Jan. 18, 1999.
    Defendant's Falsely Marked Product: Bleeding Bait Hook Elite Buzz Bait, The Double Take Buzz Bait devices, Buzz Bait device, Booyah Buzz device
    Case No. 2:10-cv-00370

  • Defendant: Uniden America Corp.
    Patents In Suit:
    U.S. Patent No. 4,684,870 for Transceiver Battery Charging Apparatus and Method issued on Aug. 4, 1987.
    U.S. Patent No. 4,734,049 for Mechanical Latch Mechanism for Combination Portable Transceiver and Charging Unit issued on March 29, 1988.
    U.S. Patent No. 4,627,100 for Wide Band Radio Receiver issued on Dec. 2, 1986.
    U.S. Patent No. 4,841,302 for Transmitter Detector For Use In A Moving Vehicle issued on June 20, 1989.
    U.S. Patent No. 4,932,074 for Rapid Scanning Radio With Multi-Mode Local Oscillator Control issued on June 5, 1990.
    U.S. Patent No. 4,947,456 for Scanning Radio Receiver issued on Aug. 7, 1990.
    Patent Expiration Date:
    the '870 patent expired on April 9, 2006.
    the '049 patent expired on April 9, 2006.
    the '100 patent expired on Dec. 28, 2004.
    the '302 patent expired on Jan. 30, 2007.
    the '074 patent expired on April 1, 2008.
    the '456 patent expired on June 9, 2009.
    Defendant's Falsely Marked Product: Waterproof 2-Way Radios and BC95XLT Scanner devices
    Case No. 2:10-cv-00371

  • Defendant: The Wiffle Ball Inc.
    Patents In Suit: the product is advertised as patented but no patents are pending
    Defendant's Falsely Marked Product: Wiffle bat & ball devices
    Case No. 2:10-cv-00372

  • Defendant: Lunker Lure-Hawg Caller Inc.
    Patents In Suit: U.S. Patent No. 3,093,923 for Fishing Lure issued on June 18, 1963.
    Patent Expiration Date: the '923 patent expired on June 18, 1980.
    Defendant's Falsely Marked Product: Lunker Lure Buzz Bait devices
    Case No. 2:10-cv-00373

  • Defendant: Jarden Corp.
    Patents In Suit: U.S. Patent No. 4,941,310 for Apparatus for Vacuum Sealing Plastic Bags issued on July 17, 1990.
    Patent Expiration Date: the '310 patent expired on March 31, 2009.
    Defendant's Falsely Marked Product: FoodSaver GameSaver Sport Plus devices
    Case No. 2:10-cv-00374

  • Defendant: Angler Tech Inc.
    Patents In Suit: U.S. Patent No. 4,833,817 for Fish Hook Extractor issued on May 30, 1989.
    Patent Expiration Date: the '817 patent expired on June 10, 2008.
    Defendant's Falsely Marked Product: Fish Hook Extractor devices
    Case No. 2:10-cv-00375

  • Defendant: Pennzoil-Quaker State Co.
    Patents In Suit: U.S. Patent No. 5,024,262 for Compactly Foldable Automobile Sunshade issued on June 18, 1991.
    Patent Expiration Date: the '262 patent expired on Oct. 13, 2009.
    Defendant's Falsely Marked Product: Auto Expressions auto-shade magic shade devices
    Case No. 2:10-cv-00376

  • Defendant: New Archery Products Corp.
    Patents In Suit: U.S. Patent No. 4,676,512 for Arrowhead issued on June 30, 1987, and U.S. Patent No. 4,529,208 for Arrowhead issued on July 16, 1985.
    Patent Expiration Date: the '512 patent expired on July 11, 2005, and the '208 patent expired on Feb. 16, 2004.
    Defendant's Falsely Marked Product: Spitfire Mechanical Broadhead Replacement Blade Kit devices
    Case No. 2:10-cv-00377

  • Defendant: Hasbro Inc.
    Patents In Suit: U.S. Patent No. 3,873,087 for Occupant Propelled Rotary Amusement Device issued on March 25, 1975.
    Patent Expiration Date: the '087 patent expired on March 25, 1992.
    Defendant's Falsely Marked Product: Playskool Sit'n Spin devices
    Case No. 2:10-cv-00378

  • Defendant: Panavise Products Inc.
    Patents In Suit: U.S. Patent No. 2,898,068 for Support Having Three Axes of Adjustment and Single Locking Handle issued on Aug. 4, 1959.
    Patent Expiration Date: the '068 patent expired on Aug. 4, 1976.
    Defendant's Falsely Marked Product: Multi-Purpose Work Center Combo Model 350 devices
    Case No. 2:10-cv-00379

  • Defendant: Johnny Ray LLC and Johnny Ray Sports Inc.
    Patents In Suit: U.S. Patent No. 4,347,013 for Mounting Depth-Finders, or Fish Finders issued on Aug. 31, 1982.
    Patent Expiration Date: the '013 patent expired on Dec. 5, 1999.
    Defendant's Falsely Marked Product: Low Profile Swivel Mount devices
    Case No. 2:10-cv-00380

  • Defendant: Lee Precision Inc.
    Patents In Suit:
    U.S. Patent No. 4,542,677 for Cartridge Primer Feeder issued on Sept. 24, 1985.
    U.S. Patent No. 4,292,877 for Ammunition Loader with Improved Charge Bar issued on Oct. 6, 1981.
    U.S. Patent No. 3,343,444 for Shotgun Shell Reloading Implements issued on Sept. 26, 1967.
    U.S. Patent No. D247,784 for Shotgun Shell Loading Press issued on April 25, 1978.
    Patent Expiration Date:
    the '677 patent expired on June 21, 2004.
    the '877 patent expired on Oct. 6, 1998.
    the '444 patent expired on Sept. 26, 1984.
    the '784 patent expired on April 25, 1992.
    Defendant's Falsely Marked Product: Lee Load-All II devices
    Case No. 2:10-cv-00381

  • Defendant: MTM Molded Products Co.
    Patents In Suit: U.S. Patent No. 3,813,987 for Loading Block issued on June 4, 1974.
    Patent Expiration Date: the '987 patent expired on June 4, 1991.
    Defendant's Falsely Marked Product: MTM CASE-GARD Universal Loading Tray devices
    Case No. 2:10-cv-00382

  • Defendant: Pop Rocks Inc.
    Patents In Suit: U.S. Patent No. 4,289,794 for Process of Preparing Gasified Candy issued on Sept. 15, 1981.
    Patent Expiration Date: the '794 patent expired on March 12, 2000.
    Defendant's Falsely Marked Product: Pop Rocks Crackling Candy product
    Case No. 2:10-cv-00383

  • Defendant: EZE-LAP Diamond Products Inc.
    Patents In Suit:
    U.S. Patent No. 3,861,097 for Earth Anchor issued on Jan. 21, 1975.
    U.S. Patent No. 4,010,661 for Chain Saw Sharpening Tool issued on March 8, 1977.
    U.S. Patent No. 4,079,552 for Diamond Bonding Process issued on March 21, 1978.
    U.S. Patent No. 4,155,721 for Bonding Process for Grinding Tools issued on May 22, 1979.
    U.S. Patent No. 4,450,653 for Knife Sharpener issued on May 29, 1984.
    Patent Expiration Date:
    the '097 patent expired on Jan. 21, 1992.
    the '661 patent expired on March 8, 1994.
    the '552 patent expired on March 21, 1995.
    the '721 patent expired on March 20, 1998.
    the '653 patent expired on July 21, 2001.
    Defendant's Falsely Marked Product: Diamond Sharpener devices
    Case No. 2:10-cv-00384

  • Defendant: The Schawbel Corp.
    Patents In Suit: U.S. Patent No. D300,606 for Butane Container issued on April 11, 1989.
    Patent Expiration Date: the '606 patent expired on April 11, 2003.
    Defendant's Falsely Marked Product: ThermaCELL Mosquito Repellent devices
    Case No. 2:10-cv-00385

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