PATENT INFRINGEMENT CASES

Marshall Division

Nov. 16

  • Cary Products v. DCM Manufacturing Inc.

    Plaintiff Cary Products is a company based out of Hutchins, Texas.

    The defendant is accused of infringing on U. S. Patent No. 5,538,470 for louver assemblies. In addition to patent infringement, the defendant is accused of Lanham Act violations and unfair competition.

    The plaintiff is asking for the Court to enjoin the defendant from further acts of infringement and for an award of damages, including any profits from the infringement, costs and attorney's fees.

    Cary Products is represented by Eric Meyertons and Ryan T. Beard of Meyertons, Hood, Kivlin, Kowert & Goetzel in Austin.

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

    Case No. 2:10-cv00491-DF

  • PT Diagnostics v. Honeywell International Inc. et al

    Plaintiff PT Diagnostics is a Texas limited liability company with its principal place of business in Marshall.

    The defendants are Honeywell International, Sagem Avionics Inc., Sagem Defense Securite, Safran, SimAuthor Inc., Airbus S.A.S., Airbus Americas Inc. and QinetiQ North America Inc.

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

  • U.S. Patent No. 6,567,729 issued May 20, 2003, for System And Method Of Analyzing Aircraft Removal Data For Preventative Maintenance;
  • U.S. Patent No. 6,732,027 issued May 4, 2004, for System And Method Of Analyzing Operational Source Data; and
  • U.S. Patent No. 6,959,236 issued Oct. 25, 2005, for System And Method Of Analyzing Operational Source Data.

    The plaintiff is asking the Court to enjoin the defendants from further acts of infringement and for an award of damages, costs and interest.

    PT Diagnostics is represented by Matthew Orwig and Basheer Ghorayeb of SNR Denton in Dallas and Mark L. Hogge, Shaliendra Maheshwari and Christopher L. Harlow of SNR Denton in Washington, D.C.

    Jury trial is requested.

    U.S. District Judge T. John Ward is assigned to the case.

    Case No. 2:10-cv-00493

    Nov. 19

  • Tobi Gellman v. ADT Security Services Inc.

    Plaintiff Tobi Gellman is the trustee of the Mayer Michael Lebowitz Trust.

    The defendant is accused of infringing on U.S. Patent No. 6,075,451 issued June 13, 2000, for RF Cellular Technology Network Transmission System for Remote Monitoring Equipment.

    The plaintiff argues that the defendant's Safewatch CellGuard line of products, which are designed to transmit alarm signals using a cellular network infringes on the '451 patent.

    Gellman is seeking an award of damages, costs, interest and attorney's fees.

    The plaintiff is represented by Edward W. Goldstein and Corby R. Vowell of Goldstein, Faucett & Prebeg in Houston and Melissa R. Smith of Gillam & Smith in Marshall.

    Jury trial is requested.

    Case No. 2:10-cv-00501

    Tyler Division

    Nov. 15

  • Zuffa, d/b/a The Ultimate Fighting Championship (UFC) v. Shaun William Galbraith, et al

    The UFC is a Nevada Corporation with its principal place of business in Las Vegas.

    The defendants are Shaun William Galbraith, Christopher Suttle and Tara Suttle, individually and as officers, directors, shareholders and/or principals of Where's Rufus!? Social Club Inc., d/b/a Where's Rufus!! Sportsbar, a/k/a Where's Rufus Sports Bar and Where's Rufus!? Social Club Inc. d/b/a Where's Rufus!! Sportsbar, a/k/a Where's Rufus Sports Bar.

    The plaintiff accuses the defendants of illegally obtaining UFC #116 broadcast that was scheduled on July 3.

    The defendants are accused of unlawfully intercepting, receiving or de-scrambling the satellite signal and exhibited the Broadcast for the purposes of direct or indirect commercial advantage or private financial gain.

    The UFC is seeking more than $320,000 in statutory penalties and damages for the willful violation, plus interest, attorney's fees and court costs.

    The plaintiff is represented by Julie Cohen Lonstein of Lonstein Law Office in Ellenville, N.Y.

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

    Case No. 6:10-cv-00604

    Nov. 16

  • Patent Harbor v. Twentieth Century Fox Home Entertainment, et al

    Patent Harbor is a Texas corporation with its principal place of business in Tyler.

    The defendants are Twentieth Century Fox Home Entertainment, Fox Searchlight Pictures Inc., Lions Gate Entertainment Inc., The Walt Disney Company, Buena Vista Home Entertainment Inc., The Weinstein Company, Magnolia Pictures, NU Image Inc., First Look Studios Inc., Time Warner Inc., New Line Home Entertainment Inc., Warner Bros. Home Entertainment Inc., Amblin Entertainment Inc., Starz Entertainment, Anchor Bay Entertainment, Overture Films, Light storm Entertainment Inc., Summit Entertainment Inc., SBO Pictures Inc., Vivid Entertainment Group, Playboy Enterprises Inc., CJI Entertainments Inc., Larry Flynt Publications Inc., Hustler Video, VCA Pictures, Penthouse Digital Media Productions Inc., DNA Movies, Bang Productions Inc. and Venturer Electronics Inc.

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

  • U.S. Patent No. 5,684,514 issued Nov. 4, 1997, for Apparatus and Method for Assembling Content Addressable Video; and
  • U.S. Patent No. 5,977, 922 issued Nov. 2, 1999, for Apparatus and Method for Assembling Content Addressable Video.

    The plaintiff is asking the Court for an award of damages, including a post-judgment royalty and interest.

    The plaintiff is represented by Keith A. Rutherford, John C. Cain and Scott Reese of Wong, Cabello, Lutsch, Rutherford & Brucculeri in Houston; T. John Ward Jr. of Ward & Smith Law Firm in Longview; and Eric M. Albritton of Albritton 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-00607

    Nov. 19

  • James M. Taylor v. International Business Machines Corp.

    The defendant is accused of infringing on U.S. Patent No. 5,469,572 issued Nov. 21, 1995, for Psot compile optimizer for linkable object code.

    Taylor argues the defendant's use and sale of its FDPR, FDPR-Pro and Post-Link Optimization for Linux on Power Products is infringing on the '572 patent.

    The plaintiff is asking the Court to issue a permanent injunction preventing the defendant from further infringement and for an award of damages, costs, expenses, interest, enhanced damages, attorney's fees and costs.

    Taylor is acting as his own attorney.

    Jury trial is requested.

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

    Case No. 6:10-cv-00615

  • Wi-LAN Inc. v. Time Warner Cable Inc. et al

    Wi-LAN is a Canadian corporation with its principal place of business in Ottawa, Ontario.

    The defendants are Comcast Corp., Time Warner Cable Inc. and Charter Communications, Inc.

    The defendants are accused of infringing on U.S. Patent No. 5,761,602 issued June 2, 1998, for Hybrid Multichannel Data Transmission System Utilizing a Broadcast Medium.

    The plaintiff is asking the Court to issue an injunction preventing the defendants from further acts of infringement and for an award of damages, treble damages and interest.

    Wi-Lan is represented by Sam Baxter of McKool Smith in Marshall, Robert A. Cote and Benjamin J. Warlick of McKool Smith in New York and Dirk D. Thomas and Robert A. Auchter of McKool Smith in Washington, D.C.

    Jury trial is requested.

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

    Case No. 6:10-cv-00616

    FALSE PATENT MARKING CASES

    Marshall Division

    Nov. 17

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

  • Defendant: Pez Candy Inc.
    Patents In Suit: U.S. Patent No. 4,966,305 issued Oct. 30, 1999, for Tablet Dispenser
    Patent Expiration Date: the '305 patent expired on September 6, 2008.
    Defendant's Falsely Marked Product: candy dispenser device
    Case No. 2:10-cv-00495

    Nov. 19

  • Plaintiff: Kilts Resources
    Plaintiff's Attorney: Scott Stevens, Gregory Love, Kyle Nelson; Stevens Love, Longview

  • Defendant: Leupold & Stevens Inc.
    Patents In Suit: U.S. Patent No. D347,441 issued May 31, 1994, for Optical telescope and U.S. Patent No. 4,929,055 issued May 29, 1990 for Anti-reflection technique.
    Patent Expiration Date: the '441 Patent expired on May 31, 2008, and the '055 Patent expired on Sept. 19, 2008.
    Defendant's Falsely Marked Product: RX-600 and RX-750 Series Rangefinders and Anti-Reflection Device products
    Case No. 2:10-cv-00499-DF

  • Defendant: Best Buy Enterprise Services Inc.
    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 Nov. 1, 1988, 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: Insignia CD/DVD Shelf System with iPod Dock and Insignia 5.1 Upconvert Home Theater System products
    Case No. 2:10-cv-00500-TJW

    Sherman Division

    Nov. 17

  • Plaintiff: IP Forensics
    Plaintiff's Attorney: Michael T. Konczal; Konczal Law Firm, Plano
    Judge: Michael H. Schneider

  • Defendant: Glock Inc.
    Patents In Suit: U.S. Patent Nos. 4,893,546; 4,539,889; 4,825,744
    Patent Expiration Date: the '546 patent expired as of May 3, 2006, the '889 patent has expired Nov. 12, 2002, and patent '744 has expired on Aug. 3, 2008.
    Defendant's Falsely Marked Product: Subcompact frame models, Compact frame models and Standard frame models.
    Case No. 4:10-cv-00639

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

    Tyler Division
    Nov. 17

  • Defendant: Upsher-Smith Laboratories
    Patents In Suit: U.S. Patent No. 5,126,145
    Patent Expiration Date: the '145 patent expired June 30, 2009.
    Defendant's Falsely Marked Product: Slo-Niacin products
    Case No. 6:10-cv-00608-LED

  • Defendant: Robinson Home Products Inc.
    Patents In Suit: U.S. Patent No. D303,216
    Patent Expiration Date: the '216 patent expired on Sept. 5, 2003.
    Defendant's Falsely Marked Product: Chip Clip products
    Case No. 6:10-cv-00609

    Marshall
    Nov. 18

  • Defendant: Skinmedica Inc.
    Patents In Suit: U.S. Patent No. 4,690,825 and 5,145,675
    Patent Expiration Date: '825 patent expired on Sept. 1, 2004, and the '675 patent expired on Sept. 8, 2009.
    Defendant's Falsely Marked Product: EpiquinMicro products
    Case No. 2:10-cv-00496-TJW

  • Defendant: Bristol-Myers Squibb Co.
    Patents In Suit: U.S. Patent Nos. 4,520,022; 5,015,646; 5,030,447; and 5,180,589
    Patent Expiration Date: the '022 patent after Dec. 23, 2005, the '646 patent expired on May 14, 2008, the '447 patent expired on July 9, 2008, and the '589 patent expired on July 9, 2008.
    Defendant's Falsely Marked Product: Cefzil products, its Buspar products and its Pravachol products
    Case No. 2:10-cv-00497-TJW

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