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PATENT INFRINGEMENT CASES
Sherman Division
Oct. 28
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
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:
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
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 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:
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
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:
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's Attorney: Stafford Davis; The Stafford Davis Firm, Tyler
Judge: T. John Ward
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
Oct. 26
Sherman Division
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
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
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
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
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
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
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's Attorney: Larry D. Thompson, Jr., Zachariah S. Harrington, Matthew J. Antonelli; Antonelli, Harrington & Thompson, Houston
Judge: Leonard E. Davis
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
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
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
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's Attorney: Hao Ni; Ni Law Firm, Dallas. Tyler Brochstein; Brochstein Law Firm, Dallas. Jack L. Siegel, Dallas.
Judge: David Folsom
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
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's Attorney: Mike Konczal; Konczal Law Firm, Plano
Judge: Michael H. Schneider
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