PATENT INFRINGEMENT SUITS
Marshall Division
Dec. 1
Plaintiff Traffic Information is a Texas limited liability company.
The defendants are Commtiva Technology Corp., Dell Inc., Performance Audio Mobile Entertainment, and Pioneer Electronics Inc.
The defendants are accused of infringing on U.S. Patent No. 6,785,606 issued Aug. 31, 2004, and U.S. Patent No. 6,466,862 issued on Oct. 15, 2002, for System For Providing Traffic Information.
Traffic Information is asking the Court to issue an injunction preventing the defendants from further acts of infringement and for an award of damages, treble damages, interest, court costs and attorney's fees.
Traffic Information is represented by C. Dale Quisenberry, John T. Polasek and Jeffrey S. David of Polasek, Quisenberry & Errington in Bellaire and Calvin Capshaw and Elizabeth L. DeRieux of Capshaw DeRieux in Longview.
A jury trial is requested.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10-cv-00520
Abnoba IP is a Texas limited liability company with its principal place of business in Plano.
The defendants are ABB Inc., ABB Ltd., Abitibi Bowater Inc., Abitibi-Consolidated Inc., Aim Software Systems Inc., Appleton Papers Inc., Greycon Ltd., Greycon North America Inc., Hollingsworth & Vose Co., Matrix Inc., Smurfit-Stone Container Corp., Synopsis Consulting Inc., and Temple-Inland Inc.
The defendants are accused of infringing on U.S. Patent No. 6,745,099 issued June 1, 2004, for System and Method for Providing Trim Optimization Through the Pooling of Information Related to Manufacturing Configurations and Market Demands.
The plaintiff is seeking an award of damages, costs, expenses, interest and attorneys' fees.
Abnoba is represented by Scott E. Stevens, Gregory P. Love and Darrell G. Dotson of Stevens Love in Longview and Andrew W. Spangler of Spangler Law in Longview.
A jury trial is requested.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10-cv-00521
Sherman Division
Dec. 3
Plaintiff Squirrel Brand is a Texas limited partnership organized under the laws of Texas.
The plaintiff argues the defendants are infringing on its trademark and for trademark dilatation of its Squirrel Brand Creme Brulee Almonds. Specifically, Kraft Foods is accused of trademark infringement with its Creme Brulee Almonds.
Squirrel Brand argues that "these wrongful acts were committed with knowledge that such imitation was intended to cause confusion, or to cause mistake, or to deceive."
The defendants are also accused of unfair competition, for false designation of origin and for violating Texas common law.
The plaintiff is asking the Court for an award of actual damages, treble damages, corrective advertising damages, costs of litigation and attorney's fees and for an injunction to prohibit further infringement.
Squirrel Brand is represented by Thomas C. Wright and Terrell R. Miller of Gardere Wynne Sewell in Dallas.
A jury trial is requested.
U.S. District Judge Richard A. Schell is assigned to the case.
Case No. 4:10-cv-00663
Tyler Division
Dec. 1
Plaintiff Uniloc USA, Inc. is a Texas corporation having a principal place of business in Irvine, Calif. Uniloc Singapore Private Limited is a corporation of Singapore.
The defendants are BMC Software Inc., Crypkey Inc., Digital River Inc., Electronic Arts Inc., Intuit Inc. and Autodesk Inc.
The defendants are accused of infringing on U.S. Patent No. 5,490,216 issued Feb. 6, 1996, for System for Software Registration.
The infringing products involve a system, device or method for reducing software piracy, reducing casual copying or reducing the unauthorized use of software.
Uniloc is asking the Court to issue an injunction preventing the defendants from further acts of infringement and for an award of damages, enhanced damages, interest, attorney's fees and court costs.
The plaintiffs are represented by Paul J. Hayes of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo in Boston, Mass., and T. John Ward, Jr. and J. Wesley Hill of Ward & Smith Law Firm in Longview.
A jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00636
Dec. 2
Plaintiff AdjustaCam is a Texas limited liability co. with its principal place of business in Frisco.
The defendants are Atlanta Network Technologies Inc. d/b/a Antonline, Chang-Sheng Inc. d/b/a Directron.com Inc. d/b/a Directron.com, Compsource Inc., Compuplus Inc. d/b/a Comp-u-plus, Computer Nerds International Inc. d/b/a Thenerds.net, Creative Technology Ltd., Ecost.com Inc. d/b/a Ecost.com Guillemot Corp., Guillemot Inc., Kye International Corp., Kye Systems Corp., Officenation Inc. d/b/a Officenational d/b/a PCNation, Promotion and Display Technology Ltd. d/b/a PDT, Provantage Corp., Signal Micro Systems Inc. d/b/a Techonweb, Sakar Inc., Solid Year Co., Ltd. and Trust International B.V.
The defendants are accused of infringing on U.S. Patent No. 5,855,343 issued Jan. 5, 1999, for Camera Clip. The defendants' web cams are allegedly infringing on the '343 patent.
AdjustaCam is asking the Court to issue a permanent injunction preventing the defendants from further acts of infringement and for an award of damages, enhanced damages, costs, expenses, attorney's fees and interest.
The plaintiff is represented by John J. Edmonds, Andrew P. Tower, Michael J. Collins and Henry M. Pogorzelski of Collins, Edmonds & Pogorzelski in Houston and Andrew W. Spangler of Spangler Law in Longview.
A jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:10-cv-00644
Texarkana Division
Dec. 6
Plaintiff Bala Delay Line is a Pennsylvania corporation.
The defendant is accused of infringing on U.S. Patent No. 5,359,303 issued on Oct. 25, 1994, for FET oscillator using voltage and temperature compensated amplifier. The plaintiff was assigned the rights of the '303 patent on Feb. 23, 2010.
The alleged infringing products include Xilinx's Field Programmable Gate Arrays such as Xilinx's Virtex, Artix, Kintex, and/or Spartan series of FPGA.
The plaintiff argues the infringement is willful.
Bala Delay Line is seeking an award of damages, enhanced damages, costs, attorneys' fees, interest and court costs.
The plaintiff is represented by Guy E. Matthews, C. Vernon Lawson, Timothy W. Johnson and Matthew C. Juren of Matthews, Lawson & Johnson in Houston; Guy Fisher of Provost Umphrey in Tyler; and Jeffrey Hunt of Moore Landrey in Austin.
A jury trial is requested.
U.S. District Judge David Folsom is assigned to the case.
Case No. 5:10-cv-00211
FALSE PATENT MARKING SUITS
Marshall Division
Dec. 3
Judge: T. John Ward
Patents In Suit: U.S. Patent No. 4,901,924 issued Feb. 20, 1990, for Sprinkler Device With Angular Control.
Patent Expiration Date: the '924 patent expired on April 19, 2008.
Defendant's Falsely Marked Product: K-1 Sprinkler devices
Plaintiff's Attorney: Stafford Davis; The Stafford Davis Law Firm, Tyler
Case No. 2:10-cv-00523
Dec. 6
Patents In Suit: U.S. Patent No. D297,785 issued Sept. 27, 1988, for Footwear Scraper
Patent Expiration Date: the '785 patent expired on Sept. 27, 2002
Defendant's Falsely Marked Product: footwear scraper device
Plaintiff's Attorney: Ken Good; Kent, Good, Anderson & Bush, Tyler
Case No. 2:10-cv-00526
Patents In Suit: Products state "These Products are Covered By One or More Patents"
Patent Expiration Date: There are no U.S. patent numbers listed on the product or product packaging
Defendant's Falsely Marked Product: adaptors, female hose connectors, spring retainers and pressure gauge devices
Plaintiff's Attorney: Ken Good; Kent, Good, Anderson & Bush, Tyler
Case No. 2:10-cv-00527
Sherman Division
Dec. 2
Plaintiff's Attorney: Michael T. Konczal; Konczal Law Firm, Plano
Judge: Richard A. Schell
Patents In Suit: U.S. Patent No. D361,039 and D355,367
Patent Expiration Date: the '039 patent expired on Feb. 15, 2009, and the '367 patent expired on Feb. 15, 2009
Defendant's Falsely Marked Product: Aquatote three gallon bottle and Aquatote two gallon bottle
Case No. 4:10-cv-00659
Patents In Suit: U.S. Patent No. 5,094,761 and 5,102,564
Patent Expiration Date: both patents expired on April 13, 2009
Defendant's Falsely Marked Product: Bounce
Case No. 4:10-cv-00660
Dec. 3
Patents In Suit: U.S. Patent No. Des.368,587 and Des. 373,905
Patent Expiration Date: the '587 patent expired on Jan. 31, 2009 and 'the 587 patent expired on Feb. 1, 2009
Defendant's Falsely Marked Product: Quilted Northern Ultra Plush bath tissue
Case No. 4:10-cv-00663
Texarkana Division
Nov. 30
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. 4,686,450 issued Aug. 11, 1987, for Fluid Flow Sensor,
U.S. Patent No. 4,523,897 issued June 18, 1985, for Two Stage Vacuum Pump,
U.S. Patent No. 4,938,031issued July 3, 1990, for Refrigerant Recovery and Purification System,
U.S. Patent No. 4,688,388 issued Aug. 25, 1987, for Service Station for Refrigeration Equipment,
U.S. Patent No. 4,805,416 issued Feb. 21, 1989, for Refrigerant Recovery, Purification and Recharging System,
U.S. Patent No. RE 32,552 issued Dec. 1, 1987, for Gaseous Impurity Detector Employing Corona Discharge Phenomenon,
U.S. Patent No. 3,277,973 issued Oct. 11, 1966, for Drill Bit and
U.S. Patent No. 3,052,101 issued Sept. 4, 1962, for Refrigerant Charging Cylinder Assembly.
Patent Expiration Date:
The '450 patent expired on April 4, 2006.
The '897 patent expired on June 18, 2002.
The '031 Patent expired on Sept. 6, 2005.
The '388 Patent expired on April 29, 2005.
The '416 Patent expired on Feb. 19, 2008.
The '552 Patent expired on March 16, 1991.
The '973 Patent expired on May 14, 1984.
The '101 Patent expired on March 10, 1980.
Defendant's Falsely Marked Product: SAF Series Airflow Switch products, CoolTech High Performance Vacuum Pumps, CoolTech Recovery/Recycling/Recharging Unit, TIFH10A A/C Pump Style
Refrigerant Leak Detector and TIF5750A Super Scanner Refrigerant Leak Detector products, TIFVA105INTL Volume-AireTM Air Balancer products, 20349B Dial-ACharge Charging Cylinder, 2200 g–220V products, 20349B Dial-A-Charge Charging Cylinder, 2200 g–220V products.
Case No. 5:10-cv-00200
Dec. 2
Patents In Suit:
U.S. Patent No. 2,735,272 issued Feb. 21, 1956, for Liquid-Level Control Devices,
U.S. Patent No. 3,563,055 issued Feb. 16, 1971, for Refrigerant Distributor,
U.S. Patent No. 3,742,722 issued July 3, 1973, for Thermostatic Expansion Valve for Refrigeration Systems,
U.S. Patent No. 4,630,632 issued Dec. 23, 1986, for Pressure Regulator,
U.S. Patent No. 2,907,596 issued Oct. 6, 1959, for Sealing Apparatus and
U.S. Patent No. 3,043,639 issued July 10, 1962, for Fluid Pressure Cylinder.
Patent Expiration Date:
The '272 Patent expired on Feb. 21, 1973.
The '055 Patent expired on March 17, 1989.
The '722 Patent expired on Feb. 8, 1992.
The '632 Patent expired on Nov. 26, 2004.
The '596 Patent expired on Oct.6, 1976.
The '639 Patent expired on May 22, 1981.
Defendant's Falsely Marked Product: Level-Master Liquid Level Control products, Auxiliary Side Connector products, Type O Thermostatic Expansion Valve products, PARTM-15 Series Air Regulating Valve products, Series 2H Heavy Duty Hydraulic Cylinder products
Case No. 5:10-cv-00202
Dec. 6
Patents In Suit:
U.S. Patent No. 4,660,637 issued April 28, 1987, for Packer and Service Tool Assembly,
U.S. Patent No. 4,431,065 issued Feb. 14, 1984, for Underreamer and
U.S. Patent No. 4,710,074 issued Dec. 1, 1987, for Casing Mill.
Patent Expiration Date:
The '637 Patent expired on Sept. 11, 2005.
The '065 Patent expired on Feb. 26, 2002.
The '074 Patent expired on Dec. 4, 2005.
Defendant's Falsely Marked Product: Reamaster-XTU Underreamer products, Millmaster Section Mill products
Case No. 5:10-cv-00210
Dec. 1
Plaintiff's Attorney: Randall Garteiser, Christopher Johns; Garteiser Law Group, San Rafael, Calif.
Judge: David Folsom
Patents In Suit:
U.S. Patent No. 5010627 issued on April 30, 1991.
U.S. Patent No. 5063644 issued on Nov. 12, 1991.
U.S. Patent No. 5007143 issued on April 16, 1991
U.S. Patent No. 5152613 issued on Oct. 6, 1992
Patent Expiration Date:
U.S. Patent No. 5010627 expired no later than April 30, 2008.
U.S. Patent No. 5063644 expired no later than Nov. 12, 2008.
U.S. Patent No. 5007143 expired no later than Nov.12, 2008.
U.S. Patent No. 5152613 expired no later than Oct. 6, 2009.
Defendant's Falsely Marked Product:
Hefty OneZip Click Quart bags (68 Hefty OneZip Quart Storage Bags, UPC 0 13700 83268 0); Hefty OneZip Click Quart bags (22 Hefty OneZip Quart Storage Bags, UPC 0 13700 81222 4); Hefty OneZip Click Gallon bags (25 Hefty OneZip Gallon Freezer Bags, UPC 0 13700 82425 8); Hefty OneZip Click Gallon bags (17 Hefty OneZip Gallon Storage Bags, UPC 0 13700 81417 4); Hefty OneZip Click Gallon bags (30 Hefty OneZip Gallon Storage Bags, UPC 0 13700 81430 3); Hefty OneZip Click Gallon Freezer (38 Hefty OneZip Gallon Freezer Bags, UPC 0 13700 84438 6); Hefty OneZip Click Jumbo Multi-Purpose 2-1/2 Gallon bags (12 Hefty OneZip 2.5 Gallon Bags, UPC 0 13700 83812 5); Hefty OneZip Fresh Extend Bags Bolas 1.25 Gallon
Case No. 5:10-cv-00201
Dec. 3
Patents In Suit: products marked U.S. Patent Pending
Patent Expiration Date: no patents pending
Defendant's Falsely Marked Product: Armor All Leather Wipes, Armor All Cleaning Wipes, Armor All Original Protectant Wipes, and Armor All Glass Wipes
Case No. 5:10-cv-00203
Patents In Suit: U.S. Patent No. 4220263 issued Sept. 2, 1980, for Combined Holder for Keys and Protective Spray
Patent Expiration Date: The '263 Patent expired no later than Sept. 2, 2000.
Defendant's Falsely Marked Product: key-ring self-defense spray Model # SSTG-4
Case No. 5:10-cv-00205
Patents In Suit: U.S. Patent No. 5,037,639 issued Aug. 6, 1991
Patent Expiration Date: U.S. Patent No. 5,037,639 expired no later than May 24, 2009.
Defendant's Falsely Marked Product: Arm & Hammer Complete Care Toothpaste Extra Whitening and Arm & Hammer Age Defying Flouride and Liquid Calcium
Case No. 5:10-cv-00206
Patents In Suit: U.S. Patent No. 4880557 issued Nov. 14, 1989, for Spray Lustering-Cleansing Agent.
Patent Expiration Date: The '557 Patent expired no later than April 2, 2007.
Defendant's Falsely Marked Product: No Touch Tire Care Original Satin Finish
Case No. 5:10-cv-00207
Patents In Suit: U.S. Patent No. D312400 issued Nov. 27, 1990, for Package for Baking Cups.
Patent Expiration Date: The '400 Patent expired no later than Nov. 27, 2004.
Defendant's Falsely Marked Product: Reynolds Baking Cups: Foil; Reynolds Baking Cups: Paper; and Reynolds Baking Cups: Party
Case No. 5:10-cv-00208
Patents In Suit: U.S. Patent No. 4220263 issued Sept. 2, 1980, for Combined Holder for Keys and Protective Spray
Patent Expiration Date: The '263 Patent expired no later than Sept. 2, 2000.
Defendant's Falsely Marked Product: key-ring self-defense spray Model # SSTG-4
Case No. 5:10-cv-00209
Dec. 6
Patents In Suit: U.S. Patent No. 5085349, issued Feb. 4, 1992, for Resilient Valve And Dispensing System For Bicycles
Patent Expiration Date: The '349 Patent expired no later than Feb. 8, 2010
Defendant's Falsely Marked Product: CamelBak Omega Hydrotanium
Case No. 5:10-cv-00213
Tyler Division
Dec. 1
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. 4,901,307; 5,056,109; 5,101,501; and 5,109,390.
Patent Expiration Date: The '307 patent expired on Feb.13, 2007. The '109, '501 and '390 patents expired on Nov. 7, 2009.
Defendant's Falsely Marked Product: MiFi product
Case No. 6:10-cv-00635