PATENT INFRINGEMENT CASES
Beaumont Division
Nov. 29
Plaintiff Applied Food Sciences is a corporation with its principal place of business in Austin.
The defendant is accused of infringing on U.S. Patent No. 7,662,863 issued Feb. 16 for Therapeutic Agent for the Use in Reducing Alcohol Intoxication and Reducing or Eliminating the Negative Side Effects Associated with Alcohol Ingestion.
Applied Food Sciences argues the infringement is willful.
The plaintiff is asking the Court to issue an injunction prohibiting the defendant from further acts of infringement and for an award of damages, costs, treble damages and attorney's fees.
The plaintiff is represented by David G. Henry, Sr. and Caroline C. Maxwell of Patton Boggs in Dallas.
Jury trial is requested.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 1:10-cv-00767
Marshall Division
Nov. 30
Plaintiff Mediostream is a California corporation that maintains its principal place of business in Los Altos, Calif.
The defendants are Acer Inc., Asustek Computer Inc., Dell Inc. and Microsoft Corp.
The defendants are accused of infringing on U.S. Patent No. 7,843,508 issued Nov. 30 for Method and System For Direct Recording of Video Information Onto A Disk Medium.
The plaintiff is asking the Court to issue an injunction to prohibit further infringement of the '508 patent and for an award of damages, costs, enhanced damages and interest.
Mediostream is represented by S. Calvin Capshaw, Elizabeth DeRieux, D. Jeffrey Rambin and John E. Lord of Capshaw DeRieux in Longview; Frederick G. Michaud of Capshaw DeRieux in Washington, D.C.; and Andrew T. Gorham, Robert M. Parker, Robert Christopher Bunt and Charles Ainsworth of Parker, Bunt & Ainsworth in Tyler.
Jury trial is requested.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10-cv-00514
Plaintiff Blackstone River is a Texas limited liability company with its principal place of business in Plano.
The defendants eHarmony Inc., Humor Rainbow Inc., Match.com, Matrima Inc., Plentyoffish Media Inc., and True Beginnings.
The defendants are accused of infringing on U.S. Patent No. 7,184,968 issued on Feb. 27, 2007, for System and Method for Facilitating Bilateral and Multilateral Decision Making; and U.S. Patent No. 7,725,347 issued May 25 for System and Method for Facilitating Bilateral and Multilateral Decision Making.
Blackstone River argues that the defendants' products that develop a profile for users and then matches those users for dating purposes based on the respective profiles is infringing on the '968 patent and the '347 patent.
The plaintiff is asking the Court to issue a permanent injunction preventing the defendants from further acts of infringement and for an award of damages not less than a reasonably royalty, plus interest, costs, treble damages and attorney's fees.
Blackstone River is represented by Melissa Richards Smith of Gillam & Smith in Marshall.
Jury trial is requested.
Case No. 2:10-cv-00519
Tyler Division
Nov. 22
Plaintiff Consolidated Work Station Computing is a Texas limited liability company.
The defendants are accused of infringing on U.S. Patent No. 6,823,475 issued Nov. 23, 2004, for PC-CPU Motherboards with Common Fault-Tolerant Power Supply.
The plaintiff asserts that Dell's Power Edge Server products and IBM's BladeCenter products infringe on the '475 patent.
Consolidated Work Station is asking the Court to enter a permanent injunction against the defendants to prevent further acts of infringement and for an award of a reasonably royalty, attorney's fees, treble damages, interest and costs.
The plaintiff is represented by Matthew J. Antonelli, Zachariah Harrington and Larry D. Thompson, Jr. of Antonelli, Harrington & Thompson in Houston.
Jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00620
Nov. 23
Plaintiff Greenberg states that it published an insert in 1987 that was included with each of its smoked turkey packages.
These inserts were copyrighted instructions regarding preparing the turkey.
Greenberg accuses the defendant of using its copyrighted instructions with each Goode's turkeys.
The plaintiff is asking the court for an award of statutory damages of $150,000 per each infringing item and for an award of damages, including all profits, costs, attorney's fees and interest.
Greenberg Smoked Turkeys is represented by Jon Rowan of Potter Minton in Tyler.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00621
Nov. 26
The Industrial Technology Research Institute is the Republic of China, Taiwan's scientific research institution.
The defendants are LG Corp., LG Electronics Inc. and LG Electronics U.S.A. Inc.
The defendants are accused of infringing on the following patents-in-suit:
In addition to the above named defendants, LG Electronics MobileComm U.S.A. Inc. is accused of infringing on the following patents:
The plaintiff is asking the Court to issue an injunction prohibiting the defendants from further infringement and for an award of damages, treble damages, interest and court costs.
Industrial Technology Research Institute is represented by Michael W. Shore and Alfonso Garcia Chan of Shore, Chan, Bragalone, Depumpo in Dallas; and Richard A. Adams, Phillip N. Cockrell and Corey D. McGaha of Patton Roberts in Texarkana.
Case Nos. 6:10-cv-00628, 6:10-cv-00629, 6:10-cv-00630, and 6:10-cv-00631
FALSE PATENT MARKING CASES
Marshall Division
Nov. 23
Plaintiff's Attorney: Winston O. Huff; Huff Legal Group, Plano
Patents In Suit: U.S. Patent No. 4,797,956 issued on Jan. 17, 1989, for Eye Shield.
Patent Expiration Date: the '956 Patent expired on Oct. 15, 2007.
Defendant's Falsely Marked Product: llegro Industries Blower Ac Axial System products
Case No. 2:10-cv-00505-TJW
Patents In Suit: U.S. Patent No. 4,283,332 issued Aug. 18, 1981, for Safety Flush Bolt Entrance Door System.
Patent Expiration Date: the '332 Patent expired on Oct. 17, 1999.
Defendant's Falsely Marked Product: Kawneer Entrance Swing Hardware products
Case No. 2:10-cv-00506-TJW
Patents In Suit: United States Patent No. 4,914,701 issued April 3, 1990, for Method and Apparatus for Encoding Speech.
Patent Expiration Date: the '701 Patent expired on Aug. 29, 2008.
Defendant's Falsely Marked Product: NX-HD10 Compact Component HDD System and XA-SD1 SD Audio Player products
Case No. 2:10-cv-00507-TJW
Nov. 29
Patents In Suit: U.S. Patent No. 4,178,643 issued Dec. 18, 1979, for Valve for Inflatable Prosthesis. U.S. Patent No. 4,217,889 issued Aug. 19, 1990, for Flap Development Device And Method Of Progressively Increasing Skin Area.
Patent Expiration Date: the '643 Patent expired on Sept. 26, 1997, and the '889 Patent expired on July 20, 1998.
Defendant's Falsely Marked Product: CUI Brand Tissue Expanders products
Case No. 2:10-cv-00511-TJW
Patents In Suit: U.S. Patent No. 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. U.S. Patent No. 4,829,098 issued April 4, 1989, for Method and Apparatus For Clustering Modifications Made To A Video Signal To Inhibit The Making Of Acceptable Videotape Recordings.
Patent Expiration Date: the '216 Patent expired on Nov. 14, 2003, the '603 Patent expired on April 17, 2005 and the '098 Patent expired on April 14, 2007.
Defendant's Falsely Marked Product: AMD RS690M products
Case No. 2:10-cv-00512-TJW
Patents In Suit: U.S. Patent No. 4,764,755 issued Aug. 16, 1988, for Intruder Detection System With False Alarm Minimizing Circuitry
Patent Expiration Date: that the '755 Patent expired on July 27, 2007.
Defendant's Falsely Marked Product: DS938Z Panoramic Detector and DS307 PIR Intrusion Detector products
Case No. 2:10-cv-00513-DF
Nov. 30
Patents In Suit: U.S. Patent No. 4,531,911 issued July 30, 1985, for Combination Single/Twin Edgewise Orthodontic Bracket, U.S. Patent No. 4,189,942 issued Feb. 26, 1980 for Temperature Indicating Device Using A Pressure Sensitive Polyisobutylene Adhesive Seal. U.S. Patent No. 4,232,552 issued Nov. 11, 1980, for Temperature Indicating Compositions of Matter. U.S. Patent No. 4,345,470 issued Aug. 24, 1982, for All Plastic Disposable Thermometer. U.S. Patent No. 4,397,570 issued Aug. 9, 1983, for Pressure Sensitive Adhesive Containing A Nucleating Agent For Use In A Disposable Thermometer. U.S. Patent No. 4,339,207 issued July 13, 1982, for Temperature Indicating Compositions of Matter. U.S. Patent No. 4,362,645 issued Dec. 7, 1982, for Temperature Indicating Compositions of Matter.
Patent Expiration Date:
the '911 Patent expired on Dec. 5, 2003.
the '942 Patent expired on April 13, 1998.
the '552 Patent expired on Sept. 28, 1998.
the '470 Patent expired on Feb. 1, 2000.
the '570 Patent expired on June 2, 2001.
the '207 Patent expired on June 27, 2000.
the '645 Patent expired on Nov. 11, 1997.
Defendant's Falsely Marked Product: Mini Uni-Twin Brackets and Single-Use Clinical Thermometers products
Case No. 2:10-cv-00515
Patents In Suit: U.S. Patent No. 4,410,987 issued on Oct. 18, 1983, for Preload Test Circuit for Programmable Logic Arrays.
Patent Expiration Date: the '987 Patent expired on July 13, 2001.
Defendant's Falsely Marked Product: TIBPAL16R8-25C - Low-Power High-Performance Impact PAL Circuits, TICPAL22V10Z-25C - EPIC CMOS Programmable Array Logic Circuits, TIBPAL20L8-10M – High-Performance Impact-X PAL(R) Circuits, TIBPAL20L8-25C - Low-Power High-Performance Impact PAL Circuits, TIBPAL22V10-7C -Programmable Array Logic, TIBPAL16R6-10C - High-Performance Impact-X PAL Circuits, TIBPAL16L8-10M - High-Performance Impact-X PAL Circuits,TIBPAL20R6-15C - High-Performance Impact PAL Circuits, TIBPAL22VP10-25M -High-Performance Impact-X Programmable Array Logic Circuits, and TIBPAL22V10-10C - High-Performance Impact-X Programmable Array Logic Circuits products
Case No. 2:10-cv-00516
Patents In Suit: U.S. Patent No. 4,684,870 issued Aug. 4, 1987, for Transceiver Battery Charging Apparatus and Method. U.S. Patent No. 4,734,049 issued April 9, 1986, for Mechanical Latch Mechanism For Combination Portable Transceiver and Charging Unit. U.S. Patent No. 4,963,844 issued Oct. 16, 1990, for Dielectric Waveguide-type Filter.
Patent Expiration Date: the '870 Patent expired on April 9, 2006.
the '049 Patent expired on April 9, 2006.
the '844 Patent expired on Sept.12, 2009.
Defendant's Falsely Marked Product: FRS 420 14 Channel Radio products
Case No. 2:10-cv-00517
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. U.S. Patent No. 4,907,093 issued March 6, 1990, for Method and apparatus for preventing the copying of a video program. U.S. Patent No. 4,577,216 issued March 18, 1986, for Method and apparatus for modifying the color burst to prohibit videotape recording.
Patent Expiration Date: the '603 Patent expired on April 17, 2005.
the '098 Patent expired on April 4, 2006.
the '093 Patent expired on March 6, 2007.
the '216 Patent expired on Nov. 14, 2003.
Defendant's Falsely Marked Product: Magnavox MRV660 products
Plaintiff's attorney: Scott Stevens, Gregory Love, Kyle Nelson; Stevens Love, Longview
Case No. 2:10-cv-00518-TJW
Nov. 24
Plaintiff's Attorney: Darrell Johnston, Gregory Dotson, Gregory P. Love, Scott E. Stevens, Kyle Nelson; Stevens Love, Longview
Judge: David Folsom
Patents In Suit: U.S. Patent No. Patent No. 4,916,004 issued on April 10, 1990 for Cement Board Having Reinforced Edges. U.S. Patent Nos. 4,657,594 issued April 14,1987 for Lightweight Joint Compound. U.S. Patent No. 4,686,253 issued Aug. 11, 1987 for Lightweight Joint Compound Having Improved Paintability.
Patent Expiration Date: The '004 Patent expired on Dec. 27, 2008. The '594 Patent expired on July 5, 2005. The '253 Patent expired on Feb. 20, 2006.
Defendant's Falsely Marked Product: Durock Cement Board products, Sheetrock Brand Lightweight All Purpose Joint Compound products
Case No. 5:10-cv-00509
Patents In Suit: U.S. Patent No. 3,465,333 issued Sept. 2, 1969 for Electromagnetic Indicator Having Plural Magnetically Interacting Indicator Elements. U.S. Patent No. 4,661,813 issued April 28, 1987 for Magnetic Latching and Damping for Electromagnetic Indicators.
Patent Expiration Date: The '333 Patent expired on July 31, 1987. The '813 Patent expired on Jan. 18, 2005.
Defendant's Falsely Marked Product: the Low Power (50 mW) BITE Indicators, Model MI 51LP products
Case No. 5:10-cv-00510
Texarkana Division
Patents In Suit: U.S. Patent No. 4,738,713 issued April 19, 1988 for Method for Induction Melting Reactive Metals and Alloys.
Patent Expiration Date: The '713 Patent expired on Dec. 4, 2006.
Defendant's Falsely Marked Product: Flowserve's induction skull melting process.
Plaintiff's Attorney: Hao Ni; Ni Law Firm, Dallas. Tyler Brochstein; Brochstein Law Firm, Dallas. Jack L. Siegel, Dallas
Nov. 24
Sherman Division
Plaintiff's Attorney: Mike Konczal; Konczal Law Firm, Plano
Patents In Suit: U.S. Patent No. 5,130,701 and 5,900,953
Patent Expiration Date: the '701 patent has expired on July 14, 2009, and the '953 patent has expired on May 4, 2007
Defendant's Falsely Marked Product: GeoViewer 4.1 software, GeoViewer 5.0 software and EasyLoader software
Case No. 4:10-cv-00647-RAS
Sherman Division
Nov. 30
Plaintiff's Attorney: Michael T. Konczal; Konczal Law Firm, Plano
Judge: Richard A. Schell
Patents In Suit: U.S. Patent No. 4,735,337, 5,103,993
Patent Expiration Date: the '337 has expired on May 27, 2007, and the '993 patent has expired on Sept. 10, 2010.
Defendant's Falsely Marked Product: EZ STOR and EZ STOR rigid plastic containers, EZ COVER and EZ COVER rigid plastic containers
Case No. 4:10-cv-00654
Tyler Division
Nov. 24
Plaintiff's Attorney: Michael C. Zweber, Zweber P.C., Dallas
Judge: Leonard E. Davis
Defendant: Dell 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. 4,788,658 issued Nov. 29, 1988, for Apparatus for connecting computer components.
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.
U.S. Patent No. 4,907,093 issued March 6, 1990, for Method and apparatus for preventing the copying of a video program.
U.S. Patent No. 5,790,372 issued Aug. 4, 1998, for Computer power supply mounting apparatus and method
U.S. Patent No. 6,373,690 issued April 16, 2002, for Apparatus for mounting a panel to a chassis of a computer.
U.S. Patent No. 6,356,436 issued March 12, 2002, for Panel mounting apparatus.
U.S. Patent No. 6,307,377 issued Oct. 23, 2001, for Battery charge determination.
U.S. Patent No. 5,408,669 issued April 18, 1995, for Computer system for sensing a cable-connected peripheral and for supplying power thereto.
U.S. Patent No. 6,279,156 issued Aug. 21, 2001, for Method of installing software on and/or testing a computer system.
Patent Expiration Date: the '603 patent expired on April 17, 2005, the '658 patent expired on July 3, 2006, the '098 patent expired on April 14, 2007, the '093 patent expired on Nov. 1, 2008, the '372 patent expired on Aug. 4, 2006, the '690 patent expired on April 16, 2006, the '436 patent expired on March 12, 2006, the '377 patent expired on Oct. 23, 2005.
Invalid Patents: the '669 patent does not cover computer products that are not sold with an accompanying external data peripheral and the '156 patent covers only methods,
Defendant's Falsely Marked Product: Dell's Latitude D630 and Inspiron 530S
Case No. 6:10-cv-00623
Plaintiff's Attorney: Larry D. Thompson, Jr., Zachariah S. Harrington, Matthew J. Antonelli; Antonelli, Harrington & Thompson, Houston
Judge: Leonard E. Davis
Nov. 26
Patents In Suit: U.S. Patent No. 3,784,069 for Turkey and Roast Lifter Sling
Patent Expiration Date: the '069 patent expired no later than Jan. 8, 1991
Defendant's Falsely Marked Product: Butterball turkey products
Case No. 6:10-cv-00627