PATENT INFRINGEMENT CASES
Marshall Division
Sept. 21
Wolf Run Home is a Delaware limited liability company with its principal place of business in Kinnelon, N.J.
The defendants are accused of infringing on U.S. Patent No. 6,115,817 issued Sept. 5, 2000, for Methods and Systems for Facilitating Transmission of Secure Messages Across Insecure Networks.
According to the lawsuit, the parties entered into an agreement on June 2 related to the '817 patent. Wolf Run Home argues the defendants have adopted all rights under the agreement but can only adopt limited rights. The plaintiff states Jack Henry & Associates has threatened to sue over the agreement.
Wolf Run Home is asking the court to issue a declaration that the defendants have only limited rights under the agreement and for an award of damages, interest, treble damages, attorney's fees and court costs.
The plaintiff is represented by Andrew Spangler of Spangler Law in Longview.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10cv00389
Sept. 23
e-LYNXX Corp. is a Pennsylvania corporation with its principal place of business in Chambersburg, Penn.
The defendants are NewLineNoosh Inc., The Standard Register Co., J.C. Penney Corp. Inc., Quadrem U.S. Inc., Emptoris Inc., Printvision Inc. and Cirqit.com Inc.
The defendant is accused of infringement of U.S. Patent No. 7,451,106 issued Nov. 11, 2008, and U.S. Patent No. 7,788,143 issued Aug. 31, for System and Method for Competitive Pricing and Procurement of Customized Goods and Services. The defendants are accused of willful infringement of the '106 and '143 patents.
e-LYNXX is asking the court to issue an injunction prohibiting the defendants from further acts of infringement, for an award of damages and costs, treble damages, attorney's fees, costs and interest.
The plaintiff is represented Mark D. Strachan and Darren P. Nicholson of Sayles Werbner of Dallas and Jonathan T. Suder of Friedman, Suder & Cooke in Fort Worth.
Jury trial is requested.
U.S. District Judge Leonard Davis is assigned to the case.
Case No. 2:10cv00391
Tyler Division
Sept. 21
Document Generation Corp. is a Tennessee corporation with its principal place of business in Oakridge, Tenn.
The defendants are Allmeds Inc., eClinical Works, Healthport Inc., Aprima Medical Software Inc. f/k/a iMedica Corporation, Infor-Med Medical Information Systems Inc., Nextgen Healthcare Information Systems Inc., Noteworthy Medical Systems Inc., Origin Healthcare Solutions f/k/a SSIMED, GE Healthcare Inc., Pulse Systems Inc., AMT Solutions Inc., d/b/a e-MDs Inc. and Ingenix Inc.
The defendants are accused of willful infringement of U.S. Patent No. 5,267,155 for Apparatus and Method for Computer-Assisted Document Generation.
Document Generation Corp. is asking the Court to issue an injunction prohibiting the defendants from further acts of infringement, for an award of damages, royalty damages for any post-judgment infringement, treble damages, attorney's fees, costs and interest.
The plaintiff is represented by Timothy Grochocinski and Anthony G. Simon of The Simon Law Firm in Saint Louis, Missouri.
U.S. District Judge Leonard Davis is assigned to the case.
Case No. 6:10-cv-00482
Locked and Loaded Products is a Canadian corporation with its principal place of business in Alberta, Canada.
The defendants are Kinedyne Corp., Cleveland Mack Sales Inc. and Roark Motor Supply Inc.
The plaintiff accuses the defendants of infringing on U.S. Patent No. 7,065,840 issued June 27, 2006, and U.S. Patent No. 7,634,841 issued Dec. 22, 2009, for Load Binder.
The defendants are accused of willfully infringing on the '840 and '841 patents.
Locked and Loaded Products is asking the court for a permanent injunction to stop the defendants from continued infringement or, in the alternative, for an award of royalty.
The Canadian corporation is also seeking damages, treble damages, supplemental damage for any post-verdict infringement, interest, attorney's fees and costs.
The plaintiff is represented by Michael J. Lowenberg of The O'Quinn Law Firm in Houston, C. Vernon Lawson and Timothy W. Johnson of Matthews, Lawson & Johnson in Houston and Andy Tindale of Provost Umphrey Law Firm in Tyler.
U.S. District Judge Leonard Davis is assigned to the case.
Case No. 6:10cv00485
Sept. 23
Parallel Networks is a Texas limited liability company with its principal place of business in Tyler.
The defendants are AT&T Inc., Adidas America Inc., Adidas Interactive Inc., Aeropostale Inc., American Girl, American Suzuki Motor Corp., Andersen Corp., Andersen Windows, Asics America Corp., BBY Solutions Inc., BestBuy.com, Bloomingdale's Inc, Briggs & Stratton Corp., Briggs & Stratton Power Products Group, Brunswick Billiards Inc., Brunswick Corp., Caterpillar Inc, Chico's Retail Services Inc., Citizen Watch Co.of America Inc., Dillard's Inc., Eastman Kodak Co., General Motors, Gillette Co., Goodyear Tire & Rubber Co., H-D Michigan Inc., HSN Interactive, HSN, Harley-Davidson Inc., Hasbro Inc., Hayneedle Inc., Herman Miller Inc., J. Jill Group Inc., Jill Acquisition, Jones Investment Co.Inc., Jones Retail Corp., Kodak Imaging Network Inc., Kohl's Department Stores Inc., LG Electronics USA Inc., Limited Brands Inc., Macy's West Stores Inc., Macys.com Inc., Mattel Inc., Mitsubishi Motors North America Inc., Motorola Trademark Holdings, Motorola Inc., Nautica Apparel Inc., Nautica Retail USA Inc., Navistar Inc., New Balance Athletic Shoe Inc., Nissan North America Inc., PRL USA Holdings Inc., Procter & Gamble Co., Ralph Lauren Media, Russell Brands, Subaru of America Inc., Sunglass Hut Trading, Victoria's Secret, Wolverine World Wide Inc., Women's Apparel Group d/b/a Boston Apparel Group and Bergdorfgoodman.com.
The defendants are accused of willful infringement of U.S. Patent No. 6,446,111 issued Sept. 3, 2002, for Method and Apparatus for Client-Server Communication Using a Limited Capability Client Over a Low-Speed Communications Link.
Parallel Network is seeking asking the court to issue a permanent injunction to prevent the defendants from continued acts of infringement and for an award of damages, costs, expenses, enhanced damages, interest and attorney's fees.
The plaintiff is represented by Craig Tadlock of Tadlock Law Firm in Tyler and George Bosy and David Bennett of Bosy & Bennett in Chicago, Ill.
Jury trial is requested.
U.S. District Judge Leonard Davis is assigned to the case.
Case No. 6:10cv00491
Realtime Data is New York limited liability company with its principal place of business in Armonk, NY.
The defendants are MetroPCS Texas, MetroPCS Communications Inc., MetroPCS Wireless Inc., AT&T Inc., AT&T Mobility, Cellco Partnership d/b/a Verizon Wireless, Leap Wireless International Inc., Cricket Communications Inc. a/k/a Cricket Wireless Inc., Sprint Nextel Corp. and T-Mobile USA Inc.
The defendants are accused of infringing on the following patents-in-suit:
The plaintiff is seeking damages, interest, attorney's fees and costs.
Realtime Data is represented by Wayne Stacy and Eammon Gardner of Cooley in Broomfield, Colo., and Frank Pietrantonio of Cooley in Reston, Va.
Jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10cv00493
FALSE PATENT MARKING CASES
Marshall Division
Plaintiff's Attorney: Larry D. Thompson, Jr., Zachariah S. Harrington, Matthew J. Antonelli; Antonelli, Harrington & Thompson, Houston
Judge: T. John Ward
Sept. 20
Patents In Suit: U.S. Patent No. D339,290,
Patent Expiration Date: the '290 patent expired on Sept. 14, 2007
Defendant's Falsely Marked Product: Can Caps products
Case No. 2:10-cv-00386
Sept. 21
Patents In Suit: U.S. Patent No. 4,911,858
Patent Expiration Date: the '858 patent expired on Sept. 15, 2008
Defendant's Falsely Marked Product: Ty-D-Bol products
Case No. 2:10-cv-00387
Patents In Suit: U.S. Patent No. 4,619,710
Patent Expiration Date: the '710 patent expired on Dec. 3, 2005.
Defendant's Falsely Marked Product: Disposer Care products
Case No. 2:10-cv-00388
Sept. 23
Patents In Suit: U.S. Patent No. 4,878,867 and marked as "other patents pending"
Patent Expiration Date: the '867 patent expired on July 29, 2008 and no other patents relating to their product are pending
Defendant's Falsely Marked Product: Crayon piggy bank products
Case No. 2:10-cv-00392-DF
Patents In Suit: U.S. Patent Nos. 2,739,842; 2,749,180; and 3,160,687
Patent Expiration Date: the '842 patent expired on March 27, 1973, the '180 patent expired on June 5, 1973 and the '687 patent expired on Dec. 8, 1981.
Defendant's Falsely Marked Product: sprinkler and soaker hose products
Case No. 2:10-cv-00393
Patents In Suit: U.S. Patent No. 4,903,850 and D326,909
Patent Expiration Date: the '850 patent expired on March 14, 2009 and the '909 patent expired on June 2, 2006
Defendant's Falsely Marked Product: Vicks Steam Inhaler Model V1200 products
Case No. 2:10-cv-00395