PATENT INFRINGEMENT CASES
Beaumont Division
Oct. 19
Plaintiff The Timken Co. is an Ohio corporation.
The defendant is accused unauthorized manufacturing, marketing, distribution, offering for sale, and sale of bearings containing The Timken Company's trademarks and part numbers.
The plaintiff states that it was advised by U.S. Customs that there was a seized shipment from China by Wuxi Kobe Bearing Co. that was imported by the defendant.
The lawsuit states, "Electric Motor passed off the counterfeit bearings as legitimate TIMKEN products. Electric Motor's willful infringement impinges and threatens to destroy the goodwill Timken has built up over the past century for the sale of high quality bearings."
The plaintiff is asking the court to issue a permanent injunction to prevent further acts of infringement and for an award of compensatory and punitive damages, costs and attorney's fees.
Timken Co. is represented by Beaumont attorneys Chad Geisler and Jason L. Hughes and Amy L. Vandamme and Melissa H. Burkland of Michael Best & Friedrich of Milwaukee, Wisc.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 1:10-cv-00652
Marshall Division
Oct. 18
DDR is a Georgia limited liability company with its principal place of business in Dunwoody, Ga.
The defendants are Hotels.com, Expedia Inc., Travelocity.com, Site59.com, Internetwork Publishing Corp. d/b/a Lodging.com, Neat Group Corp., International Cruise & Excursion Gallery Inc., Ourvactionstore.com, National Leisure Group Inc. and Digital River Inc.
DDR accuses the defendants of infringing on U.S. Patent 7,818,399, issued Oct. 19.
The plaintiff is asking the Court for injunctive relief and for an award of damages and attorney's fees.
DDR Holdings is represented by Michael C. Smith of Siebamn, Burg, Phillips & Smith in Marshall and Arizona attorney Louis J. Hoffman.
Jury trial is requested. U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10-cv-00443
Oct. 20
Plaintiff TQP Development is a Texas limited liability company with its principal place of business in Marshall.
The defendants are Dell Inc., United Continental Holdings Inc., United Air Lines Inc., Lowe's Companies Inc., Lowe's Home Centers Inc., Lowe's HIW Inc., Deutsche Telekom AG, T-Mobile USA Inc., Discover Financial Services, Hewlett-Packard Co., Hewlett-Packard Development Co., Chevron Corp., Chevron U.S.A. Inc., Research in Motion Limited, Research in Motion Corp. and Costco Wholesale Corp.
TQP Development accuses the defendants of infringing on U.S. Patent No. 5,412,730 issued May 2, 1995, for Encrypted Data Transmission System Employing Means for Randomly Altering the Encryption Keys.
The defendants are accused of willful infringement of the '730 patent.
The plaintiff is asking the court to issue an injunction preventing the defendants from continued acts of infringement and for an award of damages, interest and costs.
TQP Development is represented by Marc A. Fenster, Alex C. Giza, Adam S. Hoffman and Andrew Weiss of Russ, August & Kabat in Los Angeles, California, Hao Ni of Ni Law Firm in Dallas and Andrew Wesley Spangler of Spangler Law in Longview.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10-cv-00446
Oct. 22
Plaintiff EON is a Texas limited liability company with its principal place of business in Tyler.
The defendants are Sensus USA Inc., Aruba Networks Inc., Broadsoft Inc., Cicero Networks Limited, Clavister AB, IP.Access Inc., Juni America Inc., Cisco Systems Inc., Mavenir Systems Inc., Meru Networks Inc., SerComm Corp., Sonus Networks Inc., Sprint Nextel Corp., Advanced Metering Data Systems, Stoke Inc. and Tatara Systems Inc.
The defendants are accused of infringing on U.S. Patent No. 5,592,491 issued Jan. 7, 1997, for Wireless Modem.
The infringing products are related to two-way communication networks, associated services or data systems.
EON is asking the court to issue a permanent injunction preventing the defendants from continued acts of infringement and for an award damages, enhanced damages, interest, costs and attorney's fees.
The plaintiff is represented by Daniel R. Scardino, Jeffery R. Johnson and Cabrach J. Connor of Reed & Scardino in Austin.
Jury trial is requested.
Case No. 2:10-cv-00448
Tyler Division
Oct. 17
Internet Machines is a Texas limited liability company with its principal place of business in Tyler.
The defendants are ASUS Computer International, Avent Inc., Best Buy Co. Inc. d/b/a Best Buy, Bestbuy.com, Best Buy Stores, CDW Corp., CDW LLC d/b/a CDW, Mouser Electronics Inc., Phoenics Electronics Corp., Plx Technology Inc., Samsung Electronics America Inc. and Tiger Direct.
The defendants are accused of infringing on U.S. Patent No. 7,454,552 issued Nov. 18, 2008, for Switching with Transparent and Non-Transparent Ports; U.S. Patent No. 7,421,532 issued Sept. 2, 2008, for Switching with Transparent and Non-Transparent Ports; and U.S. Patent No. 7,814,259 issued Oct. 12, 2010, for PCI Express Switch with Backwards Compatibility.
The defendants are accused of willful infringement of the patents-in-suit.
Internet Machines is asking the court to issue a permanent 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 John J. Edmonds, Michael J. Collins and Henry M. Pogorzelski of Collins, Edmonds & Pogorzelski in Houston, Andrew W. Spangler of Spangler Law in Longview and L. Charles van Cleef of Van Cleef Law Offices in Longview.
Jury trial is requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 6:10-cv-00548
Oct. 21
Plaintiff Landmark Technology is a Delaware limited liability company with its principal place of business in Tyler.
The defendants are BJ's Wholesale Club Inc., Books-A-Million Inc., Hastings Entertainment Inc., Lululemon Athletica Inc., The Timberland Co., Tuesday Morning Corp., Tupperware Brands Corp. and ULTA Salon, Cosmetics & Fragrance Inc.
The defendants are accused of willfully infringing on U.S. Patent No. 5,576,951 issued on Nov. 19, 1996, for Automated Sales and Services System; U.S. Patent No. 6,289,319 issued Sept. 11, 2001, for Automated Business and Financial Transaction Processing System; and U.S. Patent No. 7,010,508 issued March 7, 2006, for Automated Multimedia Data Processing Network.
Landmark Technology is asking the court to issue an injunction preventing the defendants from continued acts of infringement and for an award of damages for lost profits, enhanced damages, court costs, attorney's fees and interest.
The plaintiff is represented by Charles Ainsworth and Robert Christopher Bunt of Parker, Bunt & Ainsworth in Tyler.
Jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00554
The materials and patent applications at issue, include the computer software known as Chalk, Steam, and U.S. Patent Applications 12/366,826, 61/288013, and 61/259889.
LCS refers to the infringed upon products as Lclive, a combination of Slate and Chalk Application Software ("Lclive") and the Whiteboard Modifications Relating to Chalk, and LCLIVE Software ("Whiteboard").
The defendants are accused of copyright infringement, fraud, unfair competition, civil conspiracy, breach of contract, tortious interference with prospective contracts and unjust enrichment.
The plaintiff is asking the court to issue an injunction preventing the defendants from further acts of infringement and for an award of damages, costs, attorney's fees, exemplary damages and interest.
LoudCloud Systems is represented by John T. Wilson, Michael H. Myers and Lishel M. Bautista of Myers Wilson in Dallas and Eugene Zemp Dubose of Dallas.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00556
Plaintiff TransData is a Texas corporation with its principal place of business in Carrollton.
The defendants are CenterPoint Energy Houston Electric, Denton Municipal Electric, Oncor Electric Delivery Company and Texas-New Mexico Power Co.
The defendants are accused of willfully infringing on U.S. Patent No. 6,181,294 issued Jan. 30, 2001, for Antenna for Electric Meter and Method of Manufacture Thereof; U.S. Patent No. 6,462,713 issued Oct. 8, 2002, for Antenna for Electric Meter and Method of Manufacture Thereof; and U.S. Patent No. 6,903,699 issued June 7, 2005, for Wireless Communication Device for Electric Meter and Method of Manufacture Thereof.
TransData is asking the court to issue a permanent injunction preventing further acts of infringement and for an award of damages, interest, enhanced damages, attorney's fees, costs and expenses.
The plaintiff is represented by Eric Findlay, Brian Craft and Joey Seeber of Findlay Craft in Tyler.
Jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00557
Oct. 22
Plaintiff Gemalto is a French corporation and maintains a research and development center in Austin.
The defendants are HTC Corp., HTC America Inc., Exedea Inc., Samsung Electronics Co., Ltd., Samsung Telecommunications America LLC, Motorola Inc. and Google Inc.
The defendants are accused of infringing on U.S. Patent No., 6,308,317 issued Oct. 23, 2001, for Using a High Level Programming Language with a Microcontroller; U.S. Patent No. 7,117,485 issued Oct. 19, 2006, for Using a High Level Programming Language with a Microcontroller; and U.S. Patent No. 7,818,727 issued Oct. 19, 2010, for Using a High Level Programming Language with a Microcontroller.
The plaintiff argues the defendants use of the Android Platform which includes the use of a software development kit for developing Android applications that uses Gemalto's patented Java Card Technology.
Gemalto is asking the court to issue an injunction preventing the defendants from continuing to infringing on its patents. Gemalto is also seeking an award of damages, costs, interest, attorney's fees and treble damages.
The plaintiff is represented by Sam Baxter of McKool Smith in Marshall, Robert A. Cote, Shahar Harel, Kevin Schubert of McKool Smith in New York, N.Y., and Peter J. Ayers, Geoffrey L. Smith of McKool Smith in Austin.
Jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00561
FALSE PATENT MARKING CASES
Beaumont Division
Oct. 19
Plaintiff's Attorney: Larry D. Thompson, Jr., Zachariah S. Harrington, Matthew J. Antonelli; Antonelli, Harrington & Thompson, Houston
Judge: Ron Clark
Defendant: Aero Products International Inc.
Patents In Suit: U.S. Patent No. 4,977,633
Patent Expiration Date: Patent '633 expired on June 25, 2009.
Defendant's Falsely Marked Product: Aerobed products
Case No. 1:10-cv-00654
Oct. 21
Marshall Division
Defendant: Costco Wholesale Corp.
Patents In Suit:
U.S. Patent No. 5,490,623 issued on Feb.13, 1996 for Utility bag.
U.S. Patent No. 4,698,360 issued on Oct. 6, 1987 for Plant extract with a proanthocyanidins content as therapeutic agent having radical scavenger effect and use thereof.
U.S. Patent No. 4,599,152 issued on July 8, 1986 for Pure amino acid chelates.
U.S. Patent No. 5,175,156 issued on Dec. 29, 1992 for Chromic picolinate treatment.
U.S. Patent No. D370,956 issued on June 18, 1996 for Water hammock.
Patent Expiration Date:
The '623 Patent expired on Feb. 13, 2004.
The '360 Patent expired on April 9, 2005.
The '152 Patent expired on May 24, 2005.
The '156 Patent expired on Dec. 29, 2009.
The '956 Patent expired on June 18, 2010.
Defendant's Falsely Marked Product: dietary supplements, utility bags and water hammocks
Plaintiff's Attorney: Scott Stevens, Gregory P. Love, Kyle Nelson; Stevens Love, Longview
Case No. 2:10-cv-00447-TJW
Sherman Division
Defendant: D. Lilly Co. Inc., RJM Enterprises, Boaters Marine Supply, IBoats Inc., Ritz Interactive Inc., The Tank Depot of R.I. Inc.
Patents In Suit: U.S. patent DES 281,779 and U.S. patent DES 330,555.
Patent Expiration Date: The '779 patent expired on Dec. 18, 1999 and the '555 patent expired on Oct.28, 2006.
Defendant's Falsely Marked Product: antenna mounts #102A/B rail mount and #108 rail mount
Plaintiff's Attorney: Mike Konczal; Konczal Law Firm, Plano
Case No. 4:10-cv-00562-MHS
Oct. 22
Defendant: RC2 Corp., Learning Curve Brands, Inc. and The First Years Inc.
Patents In Suit: U.S. Patent No. 7,185,784
Patent Expiration Date: the patent is not applicable to the defendants' product
Defendant's Falsely Marked Product: Take & Toss and Straw Cup
Plaintiff's Attorney: Mike Konczal; Konczal Law Firm, Plano
Case No. 4:10-cv-00565-MHS
Oct. 25
Defendant: Munchkin Inc.
Patents In Suit: U.S. Patent No. 4,676,387 for Nursing Bottle for Infants
Patent Expiration Date: the '387 patent expired on March 10, 2006.
Defendant's Falsely Marked Product: Tri-Flow Angled Bottles and Tri-Flow Standard Nipples
Plaintiff's Attorney: Mike Konczal; Konczal Law Firm, Plano
Case No. 4:10-cv-00568