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PATENT INFRINGEMENT CASES
Beaumont Division
Oct. 15
The defendant is accused of federal statutory and state common law, false designation of origin under federal statutory law and trademark dilution under state law with regard to the unauthorized sale, offering for sale, distribution and/or advertising of roller bearings containing SKF USA Inc.'s trademarks and part numbers.
The plaintiff became aware of continued infringement of its trademarks after receiving notification from U.S. Customs and Border Protection which had intercepted and seized approximately 6,000 counterfeit SKF Bearings.
The defendant is accused of purchasing the counterfeit bearings from Wuxi Kobe Bearing Co. Ltd. in China.
The plaintiff previously sued the defendant with similar allegations in 2008.
SKF USA is asking the court to issue a permanent injunction prohibiting the defendant from further acts of trademark infringement and for an award of all profits derived by the exploitation of SKF trademarks and for an award of treble damages and attorneys' fees.
SKF USA is represented by J. Thad Heartfield and M. Dru Montgomery of The Heartfield Law Firm in Beaumont. Jury trial is requested.
U.S. District Judge Marcia A. Crone is assigned to the case.
Case No. 1:10-cv-00640
Marshall Division
Oct. 12
Lochner Technologies is a California limited liability company with its principal place of business in Tyler.
The defendants are Lenovo (United States) Inc., General Dynamics Corp., Hitachi America Ltd., NCR Corp., HP Enterprise Services, Garmin International Inc., Ingram Micro Inc., Synnex Corp. and Tech Data Corp.
The defendants are accused of infringing on U.S. Patent No. 7,035,598 issued April 25, 2006, for Modular Computer System.
Lochner Technologies is asking the court to issue an injunction preventing the defendants from continued acts of infringement and for an award of damages, costs, expenses, interest, enhanced damages and attorney's fees.
The plaintiff is represented by William Ellsworth Davis III of The Davis Firm in Longview and Marc A. Fenster, Bruce D. Kuyper, Stanley H. Thompson Jr. and Daniel C. Whang of Russ, August & Kabat of Los Angeles, Calif.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10-cv-00430
Oct. 15
Plaintiff Hon Hai is a Taiwanese company.
The defendants are accused of infringing on the following patents:
U.S. Patent No. 5,882,211 issued on March 16, 1999;
U.S. Patent No. 6,530,798 issued on March 11, 2003;
U.S. Patent No. 6,623,277 issued on Sept. 23, 2003;
U.S. Patent No. 6,679,717 issued on Jan. 20, 2004; and
U.S. Patent No. 6,695,644 issued on Feb. 24, 2004.
The patents at issue are related to electronic components and connectors that are installed in personal computers, including computer memory connectors, central processing unit ("CPU") base sockets and various data and power jacks.
Hon Hai is asking the court to issue a temporary and permanent injunction preventing the defendants from further acts of infringement and for an award of damages, attorney's fees, enhanced damages and interest.
The plaintiff is represented by E. Patrick Ellisen, Daniel T. McCloskey and James W. Soong of Greenberg Traurig in California and Mark G. Chretien and Anthony F. Matheny of Greenberg Traurig in Houston.
Jury trial is requested.
Case No. 2:10-cv-00437
Sherman Division
Oct. 13
AMX is a Delaware limited liability company with its principal place of business in Richardson, Texas.
AMX states Legrand Home System sent written notification that AMX's NXD-100VI product is infringing on U.S. Patent No. 7, 394,451 owned by Legrand.
The plaintiff is asking the judge to declare that it is not infringing on the '451 patent and for an award of attorneys' fees and court costs.
AMX is represented by Peter S. Vogel, Barry M. Golden and Peter L. Loh of Gardere Wynn Sewell in Dallas. Jury trial is requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 4:10-cv-00548
Tyler Division
Oct. 12
Fenner Investments is a Texas limited partnership with its principal place of business in Richardson.
The defendant is accused of infringing on U.S. Patent No. 5,842,224 issued on Nov.24, 1998, for a Method and Apparatus for Source Filtering Data Packets Between Networks of Differing Media.
The alleged infringing products include Juniper Networks' EX Series Switches, BX Series Multi-Access Gateways, CPT Series Circuit to Packet Platforms, E Series Broadband Services Routers, J Series Services 90204073.1 Routers, JCS 1200 Control Systems, M Series Multiservice Edge Routers, MX Series Ethernet Services Routers, T Series Core Routers and SCX-300 Service Deployment System.
Fenner Investments is asking the court to issue a permanent injunction preventing the defendants from continued acts of infringement and for an award of actual damages, enhanced damages, interest, attorney's fees and court costs.
The plaintiff is represented by Robert M. Chiaviello Jr.and Brett C. Govett of Fulbright & Jaworski in Dallas.
Additional plaintiff's counsel includes Otis W. Carroll of Ireland, Carroll & Kelley in Tyler and Thomas J. Ward Jr. of Longview.
Jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00541
Oct. 13
Upsite Technologies is a Delaware corporation with its principal place of business in New Mexico.
The defendant is accused of infringing on U.S. Patent No. 6,632,999 issued Oct. 14, 2003, for Toolless, Self Closing Floor Grommet Closure For Cable Openings And the Like In Raised Floors Of Data Centers Office Buildings And Other Air Conditioned Structures. The patent was reissued to the plaintiff on Oct. 26 as U.S. Patent no. RE41863.
The alleged infringing products include brush seal closure for raised computer floor cable entrance products particularly grommets for cable opening of a computer floor cable entrance.
Upsite Technologies argues the infringement is willful.
The plaintiff is asking the court to issue an injunction prohibiting the defendant from continued acts of infringement and for an award of damages, enhanced damages, attorney's fees, damages for unjust enrichment, compensatory and punitive damages and court costs.
Upsite Technologies is represented by Camille M. Miller and Kyle Vos Strache of Cozen O'Connor in Philadelphia, Penn., and John MacPete and Robin Barnes of Locke Lord Bissell & Liddell in Dallas.
Jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00542
Oct. 13
Ivera Medical is a California corporation with its principal place of business in San Diego.
The defendant is accused of infringing on U.S. Patent No. 7,780,794 B2 issued on Aug. 24 for Medical Implement Cleaning Device.
The product is related to a medical device that disinfects and protects the entry port on certain types of valves used with intravenous lines to help reduce bloodstream infections in hospital patients.
The plaintiff argues Hospira's LifeShield Effect-IV Cap for Needleless Valves is infringing on the '794 patent.
Ivera Medical is asking the court to issue an injunction to prevent the defendant from continued acts of infringement and for an award of damages, interest, treble damages and attorney's fees.
Tyler attorney Eric H. Findlay of Findlay Craft is representing the plaintiff. Jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00545
FALSE PATENT MARKING SUITS
Marshall Division
Plaintiff's Attorney: Kent W. Good; Kent Good Anderson Bush, Tyler
Oct. 11
Patents In Suit: U.S. Patent No. 4,907,302 for Toilet Flapper issued on March 13, 1990.
Patent Expiration Date: the '302 patent expired on February 1, 2008.
Defendant's Falsely Marked Product: In-Field Installable Closing Delay Cup
Case No. 2:10-cv-00423-TJW
Patents In Suit:
U.S. Patent No. 3,895,645 for Fluid Level Control Valve issued on July 22, 1975.
U.S. Patent No. 4,065,095 for Fluid Level Control Valve issued on Dec. 27, 1977.
U.S. Patent No. D251,677 for Fill Valve issued on April 24, 1979.
U.S. Patent No. 4,180,096 for Fill Valve issued on Dec. 25, 1979.
U.S. Patent No. 4,240,606 for Fill Valve issued on Dec. 23, 1980.
Patent Expiration Date:
the '645 patent expired on July 22, 1992.
the '095 patent expired on Dec. 27, 1994.
the '677 patent expired on April 24, 1993.
the '096 patent expired on Dec. 25, 1996.
the '606 patent expired on June 12, 1999.
Defendant's Falsely Marked Product: Valve devices
Case No. 2:10-cv-00425-TJW
Patents In Suit:
U.S. Patent No. D346,319 for Razor Blade Scraper issued on April 26, 1994.
Patent Expiration Date:
the '319 patent expired on April 26, 2008.
Defendant's Falsely Marked Product: Razor Blade Scraper devices
Case No. 2:10-cv-00426-DF
Patents In Suit:
U.S. Patent No. 4,864,782 for Two-Piece Flashing for Roof Vent Pipes issued on Sept. 12, 1989.
U.S. Patent No. 5,036,636 for Multiple Size Vent-Pipe Roof Flashing issued on Aug. 6, 1991.
Patent Expiration Date:
the '782 patent expired on Dec. 22, 2007.
the '636 patent expired on Jan.18, 2009.
Defendant's Falsely Marked Product: Two-Piece Flashing for Roof Vent Pipes devices and Multiple Size Vent-Pipe Roof Flashing
Case No. 2:10-cv-00427-TJW
Patents In Suit: U.S. Patent No. 107,855 for Handle issued on Oct. 4, 1870.
Patent Expiration Date: the '855 patent expired on Oct. 4, 1887.
Defendant's Falsely Marked Product: Heavy Duty Bypass Lopper No. 60206 device and Ratcheting Action Anvil Lopper No. 60207
Case No. 2:10-cv-00428-TJW
Oct. 15
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: fishing lure and spinners
Case No. 2:10-cv-00438-DF
Patents In Suit: U.S. Patent No. 4,054,626 for Method for Forming Bodies of Foamed Plastisol Resin issued on Oct.18, 1977.
Patent Expiration Date: the '626 patent expired on Oct. 18, 1994.
Defendant's Falsely Marked Product: sanding pads and backing plate
Case No. 2:10-cv-00440-TJW
Patents In Suit: U.S. Patent No. D343,106 for Tool Holder issued on Jan. 11, 1994.
Patent Expiration Date: the '106 patent expired on Jan. 11, 2008.
Defendant's Falsely Marked Product: hex key set devices
Case No. 2:10-cv-00441-TJW
Plaintiff's Attorney: Larry D. Thompson, Jr., Zachariah S. Harrington, Matthew J. Antonelli; Antonelli, Harrington & Thompson, Houston
Judge: T. John Ward
Oct. 11
Patents In Suit: U.S. Patent No. D348,249
Patent Expiration Date: Patent '249 expired on June 28, 2008.
Defendant's Falsely Marked Product: Commercial Electric fluorescent light products
Case No. 2:10-cv-00424-TJW
Oct. 12
Plaintiff's Attorney: Scott Stevens, Gregory P. Love, Kyle Nelson; Stevens Love, Longview
Patents In Suit:
U.S. Des. Patent No. 310,432 for Welding Helmet issued on Sept. 4, 1990.
U.S. Des. Patent No. 349,588 for Welding Lens Assembly issued on Aug. 9, 1994.
U.S. Des. Patent No. for Welding Lens Assembly issued on Dec. 20, 1994.
U.S. Patent No. 6,151,711 Patent for Welding Helmet with Removable Face Plate and Lens Cartridge issued on Nov. 28, 2000.
Patent Expiration Date:
The 432 Patent expired on Sept. 4, 2004.
The '588 Patent expired on Aug. 9, 2008.
The '692 Patent expired on Dec. 20, 2008.
The '711 Patent expired on Nov. 29, 2004
Defendant's Falsely Marked Product: welding helmets and lenses
Case No. 2:10-cv-00429-TJW
Oct. 13
Patents In Suit:
U.S. Des. Patent No. 332,034 for Vegetable Peeler issued on Dec. 29, 1992.
U.S. Patent No. RE34,194 for Universal Handle for Hand-Held Implement issued on March 16, 1993.
U.S. Patent No. RE37,190 for Universal Handle for Hand-Held Implement issued on May 29, 2001.
Patent Expiration Date:
The '034 Patent expired on Dec. 29, 2006.
The '194 Patent expired on March 26, 2010.
The '190 Patent expired on March 26, 2010.
Defendant's Falsely Marked Product: various types of kitchen utensils including, OXO "Good Grips" Swivel Peeler, OXO Nylon Balloon Whisk, OXO "Steel" Ice Cream Scoop and OXO "Good Grips" Nylon Square Turner
Case No. 2:10-cv-00431-TJW
Oct. 15
Patents In Suit: U.S. Patent No. 4,667,837 for Tamper Proof Cap issued on May 26, 1987.
Patent Expiration Date: the '837 Patent expired on June 5, 2006.
Defendant's Falsely Marked Product: syringe caps
Case No. 2:10-cv-00434-TJW
Patents In Suit:
U.S. Patent No. 3,384,915 for Multiple-Compliant-Bristle Brush Means Having Enlarged, Abrasively Coated Outer Bristle Tip Ends of Multi-Phase Material issued on May 28, 1968.
U.S. Patent No. 3,871,139 for Multiple-Compliant-Bristle Self-Centering Self-Sizing Rotary Abrasive Hone issued on March 18, 1975.
Patent Expiration Date:
the '915 Patent expired on June 30, 1987.
the '139 Patent expired on May 10, 1994.
Defendant's Falsely Marked Product: Flex-Hone technology
Case No. 2:10-cv-00435-TJW
Patents In Suit:
U.S. Patent No. 5,205,066 for Mole Chaser was issued on April 27, 1993.
Patent Expiration Date: the '066 Patent expired on April 29, 2001
Defendant's Falsely Marked Product: Vibrasonic Molechaser
Case No. 2:10-cv-00436