.
PATENT INFRINGEMENT CASES

Marshall Division

Oct. 5

  • Webvention v Adidas America Inc., et al

    Plaintiff Webvention is a Texas limited liability company with its principal place of business in Marshall.

    The defendants are Adidas America Inc., American Eagle Outfitters Inc., Barnes & Noble Inc., Biogen Idec Inc., Clear Channel, Coach, Coca-Cola Co., Cognizant Technology Solutions, Deutsche Bank, Dr. Pepper Snapple Group Inc., Harris Corp., LG Electronics, Macy's Inc., Nisource Inc., Northern Tool & Equipment, Oakley, Valero Energy Corp., Varian Medical Systems Inc., Williams Sonoma Inc. and Zales the Diamond Store.

    The defendants are accused of infringing on U.S. Patent No. 5, 251,294 issued Oct. 5, 1993, for Accessing, Assembling, and Using Bodies of Information.

    Webvention states the infringement of the '294 patent is occurring through the defendants' respective websites.

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

    Webvention is represented by William E. Bo Davis III of The Davis Law Firm in Longview.

    Jury trial is requested.

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

    Case No. 2:10-cv-00410

    Oct. 6

  • Better Education Inc. v. Turning Technologies, et al

    Plaintiff Better Education is a corporation based in Virginia.

    The defendants are Turning Technologies, Renaissance Learning Inc. Wireless eSystems Inc. and LearnStar Inc.

    The defendants are accused of infringing on U.S. Patent No. 5,002,491 issued March 26, 1991, for Electronic Classroom System Enabling Interactive Self-Paced Learning.

    The plaintiff is asking the court for an award of all damages and costs associated with the alleged infringement, pre and post-judgment interest, attorney's fees and court costs.

    Better Education is represented by Edward W. Goldstein and Corby R. Vowell of Goldstein, Faucett & Prebeg in Houston and Melissa R. Smith of Gillam & Smith in Marshall.

    Jury trial is requested.

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

    Case No. 2:10-cv-000412-TJW

    Oct. 7

  • DataTern Inc. v. Eli Lilly and Co., et al

    Plaintiff DataTern is a Texas corporation.

    The defendants are Eli Lilly and Co., Aflac Inc., Allscripts Healthcare Solutions Inc., Veracity Solutions Inc., Volkswagen Group of America Inc., Infosys Technologies Ltd., Hitachi Consulting Corp., Iron Mountain Inc., Newell Rubbermaid Inc. and Walgreen Co.

    The defendants are accused of infringing on U.S. Patent No. 5,937,402 issued Aug. 10, 1999, for System for Enabling Access to a Relational Database from an Object Oriented Program; and U.S. Patent No. 6,101,502 issued Aug. 8, 2000, for Object Model Mapping and Runtime Engine for Employing Relational Database with Object Oriented Software.

    DataTern accuses the defendants of willful infringement of the '402 and '502 patents.

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

    DataTern is represented by David P. Henry, Jason A. Holt and Matthew M. Hill of Stevens, Love, Hill & Holt in Longview and Timothy J. Haller of Niro, Haller & Niro in Chicago, Ill.

    Jury trial is requested.

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

    Case No. 2:10cv-00413-TJW

    Tyler Division

    Oct. 5

  • Wi-Lan Inc. v. Alcatel-Lucent USA Inc., et al

    Wi-Lan is a Canadian corporation with its principal place of business in Ontario, Canada.

    The defendants are Alcatel-Lucent USA Inc., Telefonaktiebolaget LM Ericsson, Ericsson Inc., Sony Ericsson Mobile Communications AB, Sony Ericsson Mobile Communications (USA) Inc., HTC Corporation, HTC America Inc., Exedea Inc., LG Electronics Inc., LG Electronics Mobilecomm U.S.A. Inc. and LG Electronics U.S.A. Inc.

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

  • U.S. Patent No. 6,195,327 issued on Feb. 27, 2001, for Controlling Interference in a Cell of a Wireless Telecommunications System;
  • U.S. Patent No. 6,088,326 issued on July 11, 2000, for Processing Data Transmitted and Received Over a Wireless Link Connecting a Central Terminal and a Subscriber Terminal of a Wireless Telecommunications System.
  • U.S. Patent No. 6,222,819 issued on April 24, 2001, for Processing Data Transmitted and Received Over a Wireless Link Connecting a Central Terminal and a Subscriber Terminal of a Wireless Telecommunications System; and
  • U.S. Patent No. 6,381,211 issued on April 30, 2002, for Processing Data Transmitted and Received Over a Wireless Link Connecting a Central Terminal and a Subscriber Terminal of a Wireless Telecommunications System.

    Wi-Lan accuses the defendants of willful infringement and is asking the court for an injunction to prevent the defendants from continued acts of infringement.

    The plaintiff is also seeking an award of damages, enhanced damages, interest, court costs and attorney's fees.

    The plaintiff is represented by Johnny Ward and Wesley Hill of Ward & Smith Law Firm in Tyler, David B. Weaver and David D. Horberger of Vinson & Elkins in Austin and Charles P. Ebertin of Vinson & Elkins in Palo Alto, Calif.

    Jury trial is requested.

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

    Case No. 6:10-cv-00521

    Oct. 7

  • Sipco v Energate Inc., et al

    Plaintiff Sipco is a Georgia limited liability corporation with places of business in Atlanta, Ga., and McKinney, Texas.

    The defendants are Energate Inc., Ecobee Inc., Rainforest Automation Inc., Smartsynch Inc., Amx Corp., Simplehomenet Inc., and Centralite Systems Inc.

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

  • U.S. Patent No. 7,103,511 issued Sept. 5, 2006, for Wireless Communications Networks for Providing Remote Monitoring of Devices;
  • U.S. Patent No. 6,914,893 issued July 5, 2005, for Systems and Methods for Monitoring and Controlling Remote Devices; and
  • U.S. Patent No. 7,697,492 issued April 13 for Systems and Methods for Monitoring and Controlling Remote Devices.

    The infringing products are relating to wireless network technology.

    The plaintiff is asking the court to issue an injunction preventing the defendants from continued acts of infringement of the '511, '893 and '492 patents and for an award of damages, treble damages for willful infringement, interest, court costs and attorney's fees.

    Sipco is represented by T. John Ward Jr. and Jack Wesley Hill of Ward & Smith Law Firm in Longview, Joe Kendall of Kendall Law Group in Dallas and John C. Herman, Ryan K. Walsh, Jason S. Jackson, Peter M. Jones, Jessica K. Redmond and Matt Warenzak of Robbins Geller Rudman & Dowd in Atlanta, Ga.

    Jury trial is requested.

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

    Case No. 6:10-cv-00533

    Oct. 8

  • EMG Technology v Dr. Pepper Snapple Group Inc., et al

    Plaintiff EMG is a California limited liability company with its principal place of business in Los Angeles, Calif.

    The defendants are Dr. Pepper Snapple Group Inc., Time Inc., McDonald's Corp., Wal-Mart Stores Inc., U.S. Bancorp, Aflac Inc., Domino's Pizza Inc., The Progressive Corp., Burger King Holdings Inc. and TD Ameritrade Holding Corp.

    The defendants are accused of infringing on U.S. Patent No. 7,441,196 issued Oct. 21, 2008, for Apparatus and Method of Manipulating a Region on a Wireless Device Screen for Viewing, Zooming and Scrolling Internet Content; and U.S. Patent No. 7,020,845 issued on March 28, 2006, for Navigating Internet Content on a Television Using a Simplified Interface and a Remote Control.

    EMG accuses defendants Domino's, WalMart, McDonalds, Burger King and Time of willful infringement.

    The plaintiff is asking the court to issue a permanent injunction to prevent the defendants from further acts of infringement and for an award of a reasonable royalty and/or lost profits, exemplary damages, enhanced damages, interest, attorney's fees and court costs.

    EMG is represented by Charles Ainsworth and Robert Christopher Bunt of Parker, Bunt & Ainsworth in Tyler.

    Other counsel includes Stanley M. Gibson, Gregory S. Cordey and Joshua S. Hodas of Jeffer Mangels Butler and Mitchell in Los Angeles, Calif.

    Jury trial is requested.

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

    Case No. 6:10-cv-00536

    FALSE PATENT MARKING CASES

    Beaumont Division

    Oct. 6

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

  • Defendant: Prym Consumer USA Inc.
    Patents In Suit: U.S. Patent Nos. 3,171,132 and 3,984,041
    Patent Expiration Date: Patent '132 expired on March 2, 1982 and patent '041 expired on Oct. 5, 1993.
    Defendant's Falsely Marked Product: grommet plier kit products
    Case No. 1:10-cv-00611-RC

    Marshall Division

    Oct. 8

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

  • Defendant: Electrolux Home Products Inc. and Husqvarna Outdoor Products Inc.
    Patents In Suit: U.S. Patent Nos. 4,940,028; 4,904,827; 4,846,123; 4,463,544; 4,451,983; 4,364,435; 4,286,675; and RE32,266
    Patent Expiration Date:
    Patent '266 expired on Dec. 22, 2000.
    Patent '675 expired on June 25, 1999.
    Patent '435 expired on Dec. 22, 2000.
    Patent '983 expired on May 3, 1982.
    Patent '544 expired on May 3, 1982.
    Patent '123 expired on July 11, 2001.
    Patent '827 expired on Feb. 27, 2002.
    Patent '028 expired on Feb. 8, 2009.
    Defendant's Falsely Marked Product: Weed Eater Poweredge products
    Case No. 2:10-cv-00414-DF

  • Plaintiff: Texas Data Co. LLC
    Plaintiff's Attorney: Scott Stevens, Matthew Hill, Jason Holt, Gregory Love; Stevens Love, Longview
    Judge: pending

  • Defendant: The Procter & Gamble Co.
    Patents In Suit:
    U.S. Patent No. 4,968,451 issued Nov. 6, 1990, for Soil release agents having allyl-derived sulfonated end Caps;
    U.S. Patent No. 4,605,509 issued Aug. 12, 1986, for Detergent compositions containing sodium aluminosilicate builders;
    U.S. Patent No. 4,986,420 issued Jan. 22, 1991, for Package with multi-ply side panels and strap handle;
    U.S. Patent No. 5,137,209 issued Aug. 11, 1992, for Bayonet handle package;
    U.S. Patent No. 4,795,454 issued Jan. 3, 1989, for Absorbent article having leakage-resistant dual cuffs;
    U.S. Patent No. 5,061,259 issued Oct. 29, 1991, for Absorbent structures with gelling agent and absorbent articles containing such structures
    Patent Expiration Date:
    '451 patent expired on Jan. 29, 2010.
    '509 patent expired on Aug. 12, 2003.
    '420 patent expired on Aug. 11, 2009.
    '209 patent expired on Aug. 10, 2010.
    '454 patent expired on Oct. 30, 2007.
    '259 patent expired on Aug. 19, 2007.
    Defendant's Falsely Marked Product: Dreft liquid and powder detergents and UnderJams Night Wear
    products
    Case No. 2:10-cv-00417-TJW

  • Defendant: Medela Inc.
    Patents In Suit: U.S. Patent No. 5,032,103 issued on July 16, 1991, for Breast shield.
    Patent Expiration Date: Feb. 16, 2010.
    Defendant's Falsely Marked Product: SoftShells products
    Case No. 2:10-cv-00419

  • Defendant: The Evercare Co.
    Patents In Suit:
    U.S. Patent No. 4,795,454 issued Jan. 3, 1989, for Absorbent article having leakage-resistant dual cuffs;
    U.S. Patent No. 4,846,815 issued July 11, 1989, for Disposable diaper having an improved fastening device;
    U.S. Patent No. 4,909,803 issued March 20, 1990, for Disposable absorbent article having elasticized flaps provided with leakage resistant portions;
    U.S. Patent No. 4,963,140 issued Oct. 16, 1990, for Mechanical fastening systems with disposal means for disposable absorbent articles;
    U.S. Patent No. 5,019,065 issued May 28, 1991, for Disposable absorbent article with combination mechanical and adhesive tape fastening system;
    U.S. Patent No. 5,032,122 issued July 16, 1991, for Loop fastening material for fastening device and method for making same;
    U.S. Patent No. 5,061,259 issued Oct. 29, 1991, for Absorbent structures with gelling agent and absorbent articles containing such structures;
    U.S. Patent No. 5,085,654 issued Feb. 4, 1992, for Disposable garment with breathable leg cuffs;
    U.S. Patent No. 5,137,537 issued Aug. 11, 1992, for Absorbent structure containing individualized,polycarboxylic acid crosslinked wood pulp cellulose fibers;
    U.S. Patent No. 4,416,025 issued Nov. 22, 1983, for Bib having segmented neck-aperature perimetric edge.
    Patent Expiration Date:
    '454 patent expired on Oct. 30, 2007.
    '815 patent expired on Jan.26, 2007.
    '803 patent expired on Oct. 5, 2001.
    '140 patent expired on Dec. 17, 2007.
    '065 patent expired on Feb. 12, 2010.
    '122 patent expired on May 17, 2009.
    '259 patent expired on Aug. 19, 2007.
    '654 patent expired on Aug. 11, 2003.
    '537 patent expired on Nov. 7, 2009.
    '025 patent expired on April 22, 2003.
    Defendant's Falsely Marked Product: Pampers Cruisers on the Go, Pampers Changing Kit and
    Pampers Bibsters Disposable Bibs products
    Case No. 2:10-cv-00420

  • Defendant: Podee Inc.
    Patents In Suit: U.S. Patent No. 4,898,290 issued on Feb. 6, 1990, for Convertible Baby Feeding Bottle
    Patent Expiration Date: July 11, 2008
    Defendant's Falsely Marked Product: Podee Convert-A-Bottle Feeding Kit and Podee Baby Bottle Twin-Pack products
    Case No. 2:10-cv-00421

  • Plaintiff: Main Hastings LLC
    Plaintiff's Attorney: Scott Stevens, Gregory P. Love, Kyle Nelson; Stevens Love, Longview
    Judge: pending

  • Defendant: Scientific Specialties Inc.
    Patents In Suit:
    U.S. Patent No. 359,126 for Microcentrifuge Tube Rack issued on June 6, 1995.
    U.S. Patent No. 4,939,369 for Imaging and Tracking Sensor Designed with a Sandwich Structure issued on July 3, 1990.
    U.S. Patent No. 5,036,989 for Test Tube Support System issued on Aug. 6, 1991.
    Patent Expiration Date: the '126 Patent expired on June 6, 2009, the '369 Patent expired on July 3, 2002 and the '989 Patent expired on on Aug. 6, 2003
    Defendant's Falsely Marked Product: tube racks line of products: 96-Position Flipper Rack, 4-way Flipper tray set, 4-way Flipper
    Case No. 2:10-cv-00415-DF

  • Defendant: Yomega Corp.
    Patents In Suit: U.S. Patent No. 4,895,547 for Superior Performance YO-YO issued on Jan. 23, 1990
    Patent Expiration Date: expired on Jan. 27, 2009.
    Defendant's Falsely Marked Product: Fireball, Saber Wing Fireball, Fireball Glow, and Power Spin
    Case No. 2:10-cv-00416-TJW

  • Defendant: Buy.com Inc., Newegg Mall Inc. and Toys "R" Us Inc.
    Patents In Suit: U.S. Patent No. 4,895,547 for Superior Performance YO-YO issued on Jan. 23, 1990
    Patent Expiration Date: expired on Jan. 27, 2009.
    Defendant's Falsely Marked Product: Fireball, Saber Wing Fireball, Fireball Glow, and Power Spin
    Case No. 2:10-cv-00418

  • Defendant: J&M Manufacturing Co. Inc.
    Patents In Suit:
    U.S. Patent No. 5,013,208 for Grain wagon with unload mechanism issued on May 7, 1991.
    U.S. Patent No. 5,100,281 for Grain wagon with unload mechanism issued on March 31, 1992.
    U.S. Patent No. 5,340,265 for Grain wagon with unload mechanism issued on Aug. 23, 1994.
    Patent Expiration Date: the '208 Patent expired on July 26, 2009, the '281 Patent expired on May 7, 2008 and the '265 Patent expired on May 7, 2008.
    Defendant's Falsely Marked Product: grain cart products
    Case No. 2:10-cv-00422

    Texarkana Division

    Oct. 6

  • Plaintiff: Texas Pat LLC
    Plaintiff's Attorney: Hao Ni; Ni Law Firm, Dallas. Tyler Brochstein; Brochstein Law Firm, Dallas. Jack L. Siegel, Dallas.
    Judge: David Folsom

  • Defendant: Alcoa Inc., Cordant Technologies Holding Co., Alcoa Global Fasteners Inc. and Huck International, Inc.
    Patents In Suit:
    U.S. Patent No. 4,031,619 issued June 28, 1977, for Manual, Hydraulically Operated Tool;
    U.S. Patent No. 4,263,801 issued April 28, 1981, for Hydraulic Riveter;
    U.S. Patent No. 4,248,077 issued Feb. 3, 1981, for Jaw for Riveter;
    U.S. Patent No. 4,342,216 issued Aug. 3, 1982, for Limited Stroke Force Delivering Tool;
    U.S. Patent No. 4,520,648 issued June 4, 1985, for Lever Operated Riveter;
    U.S. Patent No. 4,653,308 issued March 31, 1987, for Adjustable Lever Operated Riveter;
    U.S. Patent No. 3,915,053 issued Oct. 28, 1975, for Fastener with Proportioned Strength Lock Grooves
    Patent Expiration Date:
    The '619 Patent expired on Jan. 19, 1996.
    The '801 Patent expired on Sept. 10, 1999.
    The '077 Patent expired on Nov. 26, 1999.
    The '216 Patent expired on Nov. 10, 2000.
    The '648 Patent expired on Feb. 1, 2004.
    The '308 Patent expired on Nov. 6, 2005.
    The '053 Patent expired on Aug. 26, 1994.
    Defendant's Falsely Marked Product: AK-175 Series Pneudraulic Riveting Tools, HK-150 Series Tooling, AK-175 Power Set Riveter, AK- 180A Reduced-Noise Power Set Riveter, PR-75 Quick Set Riveter For Plastics, HK- 150 Riveter Nutsetter products and GP Tension Lockbolt Fastening System products
    Case No. 5:10-cv-00175

  • Defendant: Emerson Electric Co., Rosemount Inc., Rosemount Nuclear Instruments Inc., EPMCO Holdings Inc. and Emerson Process Management Regulator Technologies Inc.
    Patents In Suit:
    U.S. Patent No. 3,618,390 issued Nov. 9, 1971, for Differential Pressure Transducer;
    U.S. Patent No. 3,646,538 issued Feb. 29, 1972, for Transducer Circuitry for Converting a Capacitance Signal to a DC Current Signal;
    U.S. Patent No. 3,800,413 issued on April 2, 1974, for Differential Pressure Transducer;
    U.S. Patent No. 3,975,719 issued Aug. 17, 1976, for Transducer for Converting a Varying Reactance Signal to a DC Current Signal;
    U.S. Patent No. RE 30,603 issued May 5, 1981, for Two Wire Current Transmitter Responsive to a Resistance Sensor Input Signal.
    Patent Expiration Date:
    The '390 Patent expired on Oct. 27, 1989.
    The '538 Patent expired on Oct. 27, 1989.
    The '413 Patent expired on July 26, 1991.
    The '719 Patent expired on Jan.20, 1995.
    The '603 Patent expired on Aug. 17, 1998.
    Defendant's Falsely Marked Product: Rosemount 1152 Alphaline Nuclear Pressure Transmitter,
    Rosemount 1153 Series D Alphaline Nuclear Pressure Transmitter and Rosemount 1154 Alphaline Nuclear Pressure Transmitter products
    Case No. 5:10-cv-00176

    Tyler Division

    Oct. 8

  • Plaintiff: Patent Group LLC
    Plaintiff's Attorney: Ken W. Good; Kent, Good, Anderson & Bush, Tyler
    Judge: pending

  • Defendant: Glock Inc.
    Patents In Suit:
    U.S. Patent No. 4,539,889 for Automatic Pistol with Counteracting Spring Control Mechanism issued on Sept. 10, 1985
    U.S. Patent No. 4,825,744 for Automatic Pistol issued on May 2, 1989
    U.S. Patent No. 4,893,546 for Automatic Pistol issued on Jan. 16, 1990
    Patent Expiration Date: The '889 patent expired on Sept. 10, 2002, the '744 patent expired on Aug. 2, 2008, and the '546 patent expired on Aug. 2, 2008.
    Defendant's Falsely Marked Product: Glock 23 automatic pistol
    Case No. 6:10-cv-00538

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