PATENT/TRADEMARK INFRINGEMENT CASES
Beaumont Division
Nov. 2
Plaintiff Coach is a Maryland corporation with its principal place of business in New York, N.Y. Plaintiff Coach Services Inc. is a Maryland corporation with its principal place of business in Jacksonville, Fla.
The defendants are Cellular Planet, SM Associates, Abdul Latif Magsi and Saeed Ahmed Memon. The plaintiffs allege the defendants are designing, manufacturing and selling counterfeit Coach cell phone cases.
The defendants are accused of trademark and trade dress infringement, counterfeiting, false designation of origin and false advertising, and trademark dilution under the Lanham Act, injury to business reputation and trademark dilution, trademark infringement, unfair competition and unjust enrichment.
Coach is asking the court to issue an injunction to prevent the defendants' from continued acts of infringement and for an award of statutory damages of $2 million per counterfeit mark or for an award of all profits derived from the infringing products, plus actual damages, treble damages, costs, attorney's fees, investigatory fees and interest.
Coach is represented by Natalie L. Arbaugh and Victor C. Johnson of Fish & Richardson in Dallas.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 1:10-cv-00697
Marshall Division
Nov. 2
Plaintiff Lochner Technologies is a California limited liability company with its principal place of business in Tyler.
The defendant is accused of infringing on U.S. Patent No. 7,035,598 for April 25, 2006, for Modular Computer System.
The plaintiff argues the defendant is willfully infringing on the '598 patent marketing and selling products in conjunction with virtual desktops and/or thin client that comprise the wireless computer system.
Lochner Technologies is asking the court to issue a permanent injunction preventing the defendant from continued acts of infringement and for an award of damages, costs, expenses, interest, enhanced damages and attorney's fees.
Lochner Technologies is represented by Marc A. Fenster, Bruce D. Kuyper, Stanley H. Thompson Jr. and Daniel C. Whang of Russ, August & Kabat of Los Angeles, Calif.; and William Ellsworth Davis III of The Davis Firm PC in Longview.
Jury trial is requested.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10-cv00459
Tyler Division
Nov. 4
Plaintiff OMS is a Delaware limited liability company with its principal place of business in Newport Beach, Calif.
The defendants are CMC Magnetics Corp., Hotan Corp., Fujifilm Holdings Corp., Fujifilm Holdings America Corp., Fujifilm North America Corp., Fujifilm Recordings Media U.S.A. Inc., Hewlett-Packard Co., Imation Corp., Moser Baer India Limited, Moser Baer Technologies Inc., Ritek Corp., Advanced Media Inc., Royal Philips Electronics N.V., Philips Electronics North America Corp.
The defendants are accused of infringing on U.S. Patent No. 5,128,099 for Congruent State Changeable Optical Memory Material and Device.
OMS is asking the Judge for an award of damages, costs, on-going royalty, treble damages and attorney's fees.
The plaintiff is represented by Timothy E. Grochocinski and Anthony G. Simon of The Simon Law Firm in St. Louis, Mo.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00586
PilePro is a Delaware limited liability company that designs connectors for use with sheet pile wall components, such as Z- and U-shaped sheet piles, I-beams and pipes.
The defendants are accused of infringing on the following patents-in-suit:
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, increased damages and attorney's fees.
Pilepro is represented by S. Calvin Capshaw, Elizabeth L. DeRieux and D. Jeffrey Rambin of Capshaw DeRieux in Longview.
Jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00587
Nov. 5
Plaintiff Lonestar Inventions is a Texas limited partnership.
The defendants are accused of infringing on U.S. Patent No. 5,208,725 issued May 4, 1993, for High Capacitance Structure in a Semiconductor Device.
Lonestar argues the infringing product is Sony's CXD2819R Demodulator.
The plaintiff is asking the court to enter an injunction prohibiting the defendants from continued acts of infringement and for an award of damages, interest, court costs and attorney's fees.
Lonestar is represented by Kurt M. Sauer, Kevin L. Daffer, and Stacy L. Zoern of Daffer McDaniel in Austin.
Jury trial is requested.
Case No. 6:10-cv-00588
FALSE PATENT MARKING SUITS
Marshall Division
Nov. 3
Plaintiff's Attorney: Stafford Davis; The Stafford Davis Firm, Tyler
Judge: T. John Ward
Patents In Suit: U.S. Patent No. 4,842,524 issued June 27, 1989, for trailer light connection systems
Patent Expiration Date: the '524 patent expired on Nov. 3, 2007
Defendant's Falsely Marked Product: Vehicle Side Wiring Kit devices
Case No. 2:10-cv-00460
Nov. 4
Patents In Suit: U.S. Patent No. 4,793,224 issued Dec. 27, 1988, for Combination Retaining Ring Fitting Tool
Patent Expiration Date: the '224 patent expired on June 3, 2007
Defendant's Falsely Marked Product: Combination Internal-External Snap Ring Plier Set devices
Case No. 2:10-cv-00462
Nov. 5
Patents In Suit: U.S. Patent No. 4,812,071 issued March 14, 1989, for Correction Fluid Pen
Patent Expiration Date: the '071 patent expired on Jan. 7, 2008
Defendant's Falsely Marked Product: Metal Tip Fine Line Paint Marker Devices
Case No. 2:10-cv-00465
Patents In Suit: U.S. Patent No. 4,962,701 issued on Oct. 16, 1990, for Beverage Can Crusher
Patent Expiration Date: the '701 patent expired on May 7, 2010
Defendant's Falsely Marked Product: Can Ram Aluminum Can Crusher Devices
Case No. 2:10-cv-00466
Texarkana Division
Nov. 1
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 No. 4,366,746 issued Jan. 4, 1983, for Pressurized Hydraulic Fluid System
Using Cross-Linked Chlorinated Polyethylene Hose
Patent Expiration Date: the '746 patent expired on Jan. 4, 2000.
Defendant's Falsely Marked Product: AQP Hose and Startlite Hose products
Case No. 5:10-cv-00188
Tyler Division
Nov. 2
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. 4,099,118 and 4,464,622
Patent Expiration Date: the '118 patent expired on July 25, 1997, and the '622 patent expired on March 11, 2002.
Defendant's Falsely Marked Product: Craftsman products, specifically the Craftsman Stud Finder Model No. 949061 and Model No. 949062 products
Case No. 6:10-cv-00584