.
PATENT INFRINGEMENT CASES

Sherman Division

Oct. 28

  • American Honda Motor Co. Inc. v. Brandon Young, et al

    The defendants are Brandon Young, The Honda Doctor and Young Brothers Automotive.

    Honda accuses the defendants of cyberpiracy, trademark infringement, trademark dilution and false designation of origin under the Lanham Act by using the business names "The Honda Doctor" and "The Hon-da Doctor" and for using the domain names thehondadoctor.com and thehon-dadoctor.com.

    Honda argues the defendant's use of the Honda Trademarks "dilutes, tarnishes, and whittles away" the Honda Trademarks distinctiveness.

    The defendants are accused of willfully infringing on the Trademarks.

    Honda is asking the court to permanently enjoin the defendants from continued acts of infringement and for an award of damages, punitive damages, statutory damages in the amount of $200,000, attorney's fees and court costs.

    The plaintiff is represented by Giovanna Tarantino Bingham of Hartline Dacus Barger Dreyer & Kern in Dallas and Cody W. Zumwalt of Howard, Phillips & Andersen in Salt Lake City, Utah.

    U.S. District Judge Michael H. Schneider is assigned to the case.

    Case No. 4:10-cv-00584

    Texarkana Division

    Oct. 29

  • Zenith Electronics v. Sony Corporation, et al

    Plaintiff Zenith is a Delaware limited liability company with its principal place of business in Illinois.

    The defendants are Sony Corp., Sony Corporation of America and Sony Electronics Inc.

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

  • U.S. Patent No. 5,416,524 issued May 16, 1995, for Digital Television Synchronization System and Method;
  • U.S. Patent No. 5,598,220 issued Jan. 28, 1997, for Digital Signal with Multilevel Symbols and Sync Recognition;
  • U.S. Patent No. 5,619,269 issued April 8, 1997, for Frame Sync Signal for Digital Transmission System;
  • U.S. Patent No. 5,629,958 issued May 13, 1997, for Data Frame Structure and Synchronization System for Digital Television Signal;
  • U.S. Patent No. 5,636,251 issued June 3, 1997, for Receiver for a Trellis Coded Digital Television Signal;
  • U.S. Patent No. 5,677,911 issued Oct. 14, 1997, for Data Frame Format for a Digital Signal Having Multiple Data Constellations;
  • U.S. Patent No. 5,802,107 issued Sept. 1, 1998, for Symbol Rotator;
  • U.S. Patent No. Re. 36,992 issued Dec. 19, 2000, for VSB HDTV Transmission System with Reduced NTSC Co-Channel Interference;
  • U.S. Patent No. 5,534,938 issued July 9, 1996, for Digital TV System Using Segment and Field Sync Signals; and
  • U.S. Patent No. 5,602,595 issued Feb. 11, 1997 for ATV/MPEG Sync System.

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

    Zenith is represented by Michael J. XcKeon, James A. Fussell III, Ralph A. Phillips and Peter Sawert of Fish & Richardson P.C. in Washington, D.C.

    Jury trial is requested.

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

    Case No. 5:10-cv-00184

    Tyler Division

    Oct. 25

  • Ventronics Systems v Drager Medical GmbH, et al

    Plaintiff Ventronics Systems is a Delaware corporation having its principal place of business in Milford, Conn.

    The defendants are Dräger Medical GmbH, Draeger Medical Inc., Draeger Medical Systems Inc., Maquet Critical Care AB, Maquet Inc., Hamilton Medical AG, Hamilton Medical Inc., eVent Medical Ltd. and eVent Medical Inc.

    The plaintiff accuses the defendants of infringing on U.S. Patent No. 5,931,160 issued Aug. 3, 1999, for Ventilator Control System and Method and U.S. Patent No. 6,584,973 issued July 1, 2003, for Ventilator Control System and Method.

    Ventronics argues the infringement was willful.

    The plaintiff is asking the court for an award of damage, costs, interest, attorney's fees and enhanced damages.

    Ventronics is represented by J. Thad Heartfield and M. Dru Montgomery of The Heartfield Law Firm in Beaumont, Michael E. Shanahan of McDermott Will & Emery in New York and Fay E. Morisseau and John C. Low of McDermott Will & Emery in Houston.

    Jury trial is requested.

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

    Case No. 6:10-cv-00582

    Oct. 26

  • Innovative Global Systems v OnStar, et al

    Innovative Global Systems is a limited liability company with its principal place of business in Rock Hill, South Carolina.

    The defendants are OnStar, ATX Group Inc., Xirgo Technologies, Progressive Casualty Insurance Co., Power Solutions Inc. and BSM Wireless Inc.

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

  • U.S. Patent No. 6,608,554 issued Aug. 19, 2003, for Apparatus and Method for Data Communication Between Vehicle and Remote Data Communication Terminal;
  • U.S. Patent No. 6,411,203 issued June 25, 2002, for Apparatus and Method for Data Communication Between Heavy Duty Vehicle and Remote Data Communication Terminal;
  • U.S. Patent No. 6,744,352 issued on June 1, 2004,for System, Apparatus and Methods for Data Communication Between Vehicle and Remote Data Communication Terminal, Between Portions of Vehicle and Other Portions of Vehicle, Between Two or More Vehicles, and Between Vehicle and Communications Network;
  • U.S. Patent No. 7,449,993 issued on Nov. 11, 2008,for System, Apparatus and Methods for Data Communication Between Vehicle and Remote Data Communication Terminal, Between Portions of Vehicle and Other Portions of Vehicle, Between Two or More Vehicles, and Between Vehicle and Communications Network; and
  • U.S. Patent No. 7,015,800 issued March 21, 2006, for System, Apparatus and Methods for Data Communication Between Vehicle and Remote Data Communication Terminal, Between Portions of Vehicle and Other Portions of Vehicle, Between Two or More Vehicles, and Between Vehicle and Communications Network.

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

    Innovative Global Systems is represented by Michael T. Cooke, Jonathan T. Suder and Todd Blumenfeld and Friedman, Suder & Cooke in Fort Worth, Keith A. Rutherford, R. Scott Reese and Sarah R. Cabello of Wong, Cabello, Lutsch, Rutherford & Brucculeri in Houston, Eric M. Albritton in Longview and Thomas John Ward, Jr. 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-00574

    Oct. 29

  • SmartPhone Technologies LLC v. HTC Corp., et al

    Plaintiff SmartPhone is a Texas limited liability company with its principal place of business in Frisco.

    The defendants are HTC Corp., HTC B.V.I., HTC America Inc., Exedea Inc., Nokia Corp., Nokia Inc., Sony Ericsson Mobile Communications AB, Sony Ericsson Mobile Communications (USA) Inc., Kyocera Corp., Kyocera International Inc., and Kyocera Communications Inc.

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

  • U.S. Patent No. 7,076,275 for Method And System For Single-Step Enablement Of Telephony Functionality For A Portable Computer System;
  • U.S. Patent No. 6,950,645 for Power-Conserving Intuitive Device Discovery Technique In A Bluetooth Environment;
  • U.S. Patent No. 7,506,064 for Handheld Computer System That Attempts To Establish An Alternative Network Link Upon Failing To Establish A Requested Network Link;
  • U.S. Patent No. 6,243,705 for Method And Apparatus For Synchronizing Information On Two Different Computer Systems,
  • U.S. Patent No. 7,533,342 for System And Method Of A Personal Computer Device Providing Telephone Capability;
  • U.S. Reissue Patent No. 40,459 for Method And Apparatus For Communicating Information Over Low Bandwidth Communications Networks;
  • U.S. Patent No. 6,317,781 for Wireless Communication Device with Markup Language Based Man-Machine Interface;
  • U.S. Patent No. 6,470,381 for Wireless Communication Device With Markup Language Based Man-Machine Interface; and
  • U.S. Patent No. 7,693,949 for Data Exchange Between A Handheld Device And Another Computer System Using An Exchange Manager Via Synchronization.

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

    The plaintiff is represented by Edward R. Nelson, III and Christie B. Lindsey of Nelson Bumgardner Caston in Fort Worth; Anthony G. Simon, Timothy E. Grochocinski of The Simon Law Firm in St. Louis, Mo.; S. Brannon Latimer of Latimer Intellectual Property in Fort Worth; and T. John Ward Jr. 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-00580

    FALSE PATENT MARKING SUITS

    Marshall Division

    Oct. 29

  • Plaintiff: Patent Group LLC
    Plaintiff's Attorney: Stafford Davis; The Stafford Davis Firm, Tyler
    Judge: T. John Ward

  • Defendant: Worden Safety Products Inc.
    Patents In Suit:
    U.S. Patent No. 3,265,159 issued Aug. 9, 1966, for Chock Block for Vehicles
    Patent Expiration Date: the '159 patent expired on Aug. 9, 1983.
    Defendant's Falsely Marked Product: aluminum chock block devices
    Case No. 2:10-cv-00457

  • Plaintiff: Main Hastings LLC

    Oct. 26

    Sherman Division

  • Defendant: Commscope Inc.  
    Patents In Suit: U.S. Patent No. 4,944,776 and 5,118,327
    Patent Expiration Date: the '776 expired on Oct. 5, 2009, and the '327 expired on Oct. 5, 2009
    Defendant's Falsely Marked Product: Dryline Dehydrator and Dryline Cable Dryler
    Plaintiff's Attorney: Mike Konczal; Konczal Law Firm, Plano
    Case No. 4:10-cv-00570-MHS

    Oct. 27

    Marshall Division

  • Defendant: Cardinal Health Inc.
    Patents In Suit: U.S. Patent No. 5,313,958 issued May 24, 1994, for Surgical Biopsy Instrument.
    Patent Expiration Date: the '958 Patent expired on Aug. 16, 2005.
    Defendant's Falsely Marked Product: Temno biopsy needles line of products
    Plaintiff's Attorney: Scott Stevens, Gregory P. Love, Kyle Nelson; Stevens Love, Longview
    Case No. 2:10-cv-00449-TJW

  • Defendant: Deere & Co.   
    Patents In Suit:  U.S. patent 4,905,461 issued March 6, 1990, for Mower Sheave Fan and Drive Cover Port Arrangement and U.S. Patent No. 4,478,029 issued Oct. 23, 1984, for Mower Blade Spindle Assembly.
    Patent Expiration Date:  the '461 Patent expired on Dec. 27, 2008, and the '029 Patent expired on June 13, 2003.
    Defendant's Falsely Marked Product: John Deere mower decks line of products 2035 series mower decks and the 2000 twenty series mower decks
    Plaintiff's Attorney: Scott Stevens, Gregory P. Love, Kyle Nelson; Stevens Love, Longview
    Case No. 2:10-cv-00450-TJW

  • Defendant: Staples Inc.  
    Patents In Suit: U.S. Patent No. 5,367,672 issued Nov. 22, 1994, for Apparatus for Retrieving Data Using the Remainder of a Hashed Search Key to Identify a Group of Keys and Comparing the Key to the Group of Keys
    Patent Expiration Date: the '672 patent expired Nov. 22, 2006.
    Defendant's Falsely Marked Product: printer and toner cartridges
    Plaintiff's Attorney: Scott Stevens, Gregory P. Love, Kyle Nelson; Stevens Love, Longview
    Case No. 4:10-cv-00452-TJW

  • Defendant: Hewlett Packard Co.
    Patents In Suit: U.S. Patent No. 4,631,603 issued Dec. 23, 1986, for Method and Apparatus for Processing a Video Signal so as to Prohibit the Making of Acceptable Video Tape Recordings Thereof;
    U.S. Patent No. 4,819,098 issued April 4, 1989, for Method and Apparatus for Clustering Modifications Made to a Video Signal to Inhibit the Making of Acceptable Videotape Recordings;  and
    U.S. Patent No. 4,907,093 issued March 6, 1990, for Method and Apparatus for Preventing the Copying of a Video Program
    Patent Expiration Date:  the '603 Patent expired on April 17, 2005; the '098 Patent expired on April 4, 2006; and the '093 Patent expired on March 6, 2007.
    Defendant's Falsely Marked Product: HP BD-2000 Blu-ray Disc Player line of products
    Plaintiff's Attorney: Scott Stevens, Gregory P. Love, Kyle Nelson; Stevens Love, Longview
    Case No. 2:10-cv-00453-TJW

    Oct. 28

  • Defendant: FedEx Corp.   
    Patents In Suit:  U.S. Patent No. 5,127,602 issued on July 7, 1992, for Noise Reduction Kit for Jet Turbine Engines
    Patent Expiration Date:  the '602 Patent expired on Nov. 21, 2009.
    Defendant's Falsely Marked Product: Hushkit Stage 3 Kit line of products
    Plaintiff's Attorney: Scott Stevens, Gregory P. Love, Kyle Nelson; Stevens Love, Longview
    Case No. 2:10-cv-00454-TJW

    Oct. 29

    Sherman Division

  • Defendant:   Carolina Publishing and Advertising Corp. d/b/a Mom, Dad and Baby
    Patents In Suit: U.S. Patent No. D572,573 issued July 8, 2008, which has a scope limited to the ornamental design for a carabiner; and U.S. patent D613,583 issued April 13, 2010, for the ornamental design for a carabiner.
    Patent Expiration Date: the patent is not applicable to the defendants' product
    Defendant's Falsely Marked Product: the mommy hook stroller hanger
    Plaintiff's Attorney: Mike Konczal; Konczal Law Firm, Plano
    Case No. 4:10-cv-00586-RAS

    Tyler Division

    Oct. 25

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

  • Defendant: Signature Brands  
    Patents In Suit: U.S. Patent No. 4,828,114
    Patent Expiration Date: Aug. 31, 2007
    Defendant's Falsely Marked Product: Pumpkin Carving Kit products,
    Case No. 6:10-cv-00570

    Oct. 26

  • Defendant: Motorola Inc.   
    Patents In Suit: U.S. Patent Nos. 4,577,216; 4,631,603; 4,790,016; and 4,819,098,
    Patent Expiration Date: '216 patent expired on Nov. 14, 2003, the '603 patent expired on April 17, 2005, the '016 patent expired on Dec. 6, 2005 and the '098 patent expired on April 4, 2006.
    Defendant's Falsely Marked Product: TV Receiver products
    Case No. 6:10-cv-00575

    Oct. 27

  • Defendant: HMS Mfg. Co.
    Patents In Suit: U.S. Patent No. 4,884,363 and U.S. Patent No. 2,063,748
    Patent Expiration Date: Patent '363 expired on Oct. 13, 2007. No '748 patent exists.
    Defendant's Falsely Marked Product: Christmas-tree stand products
    Case No. 6:10-cv-00577

  • Defendant: Lemada Light Industries Ltd and Pressman Toy Corp.  
    Patents In Suit: U.S. Patent No. D300,231
    Patent Expiration Date: the '231 expired on March 14, 2003
    Defendant's Falsely Marked Product: Rummikub products
    Case No. 6:10-cv-00578

    Texarkana Division

    Oct. 31

  • Plaintiff: Tex 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: Sharp Corp., Sharp Electronics Corp., Sharp Electronics Manufacturing Co. of America Inc. and Sharp Electronics of Canada Ltd.
    Patents In Suit: U.S. Patent Nos. 4,577,216 issued March 18, 1986, for Method and Apparatus for Modifying the Color Burst to Prohibit Videotape Recording;
    U.S. Patent No. 4,631,603 issued Dec. 23, 1986, for Method and Apparatus for Processing a Video Signal so as to Prohibit the Making of Acceptable Video Tape Recordings Thereof; and
    U.S. Patent No. 4,907,093 issued March 6, 1990, for Method and Apparatus for Preventing the Copying of a Video Program.
    Patent Expiration Date: The '216 Patent expired on Nov. 14, 2003. The '603 Patent expired on April 17, 2005. The '093 Patent expired on March 6, 2007.
    Defendant's Falsely Marked Product: BD-HP20U blu-ray disc player, LC-32D6U AQUOS television, LC-26D6U AQUOS television, LC-37D6U AQUOS television, LC-37DB5U liquid crystal television, LC-37D4U AQUOS television, LC-32D4U AQUOS television, LC-26D4U AQUOS television, SD-HX600 1- bit digital receiver with DVD and DV-MX1U DVD player products
    Case No. 5:10-cv-00185

  • Defendant: United Technologies Corp., UTC Fire & Security Corp. and Detector Electronics Corp.
    Patents In Suit: U.S. Patent No. 3,952,196 issued April 20, 1976, for Radiation Detection Apparatus.
    Patent Expiration Date:  The '196 Patent expired on Feb. 5, 1995.
    Defendant's Falsely Marked Product: Eagle Quantum Premier Fire Gas Detection/Releasing System, X3302 Protect IR Multispectrum IR Flame Detector, X2200 UV Flame Detector, and X5200 UVIR Flame Detector products
    Case No. 5:10-cv-00186

    Sherman Division

    Oct. 28

  • Plaintiff: Roscoe's Electronics and Nanotechnology
    Plaintiff's Attorney: Mike Konczal; Konczal Law Firm, Plano
    Judge: Michael H. Schneider

  • Defendant: Chip McCormick Custom a/k/a Shooting Star Industries a/k/a Chip McCormick Corp.
    Patents In Suit: U.S. Patent No. 4,446,645
    Patent Expiration Date: The '645 patent expired on May 9, 2002.
    Defendant's Falsely Marked Product: Shooting Star Mags, Classic Series pistol magazines: Chip McCormick Custom, LLC Stock #14002 Follower .45 and Chip McCormick Custom, LLC Stock #13002 Follower .38/10mm
    Case no. 4:10-cv-00583

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