PATENT INFRINGEMENT CASES

Beaumont Division

Dec. 10

  • ICON Health & Fitness Inc. v. Source Network Sales and Marketing Inc.

    Plaintiff ICON Health & Fitness is a Delaware corporation with its principal place of business in Utah.

    Source Network is accused of infringing on U.S. Patent No. 6,656,093 and U.S. Patent No. 7,223,214.

    Icon Health & Fitness claims the defendant's exercise machines and equipment, including dumbbells, under the brand name LifeSmart are infringing on the '093 patent and the '214 patent.

    The plaintiff is asking the Court to issue an injunction preventing the defendant from further acts of infringement and for an award of damages, treble damages, court costs and attorney's fees.

    ICON Health & Fitness is represented by Lawrence Louis Germer and Charles W. Goehringer Jr. of Germer Gertz in Beaumont.

    A jury trial is requested.

    Case No. 1:10-cv-00802

    Marshall Division

    Dec. 9

  • Effectively Illuminated Pathways v. Lowes Home Centers Inc.

    Plaintiff Effectively Illuminated Pathways is a Texas limited liability company with its principal place of business in Plano.

    The defendant is accused of infringing on U.S. Patent No. 6,580,228 issued June 17, 2003, for Flexible Substrate Mounted Solid-State Light Sources for Use in Line Current Lamp Sockets.

    The plaintiff argues the infringement of the '228 patent is willful.

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

    Effectively Illuminated Pathways is represented by Andrew W. Spangler of Spangler Law in Longview and Marc A. Fenster, Bruce D. Kuyper and Adam Hoffman of Russ, August & Kabat in Los Angeles, Calif.

    Jury trial is requested.

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

    Case No. 2:10-cv-00539

    Sherman Division

    Dec. 9

  • Primeware Inc. d/b/a Picnic Gift v. HSN Inc., et al

    Plaintiff Primeware, doing business as Picnic Gift, is a Texas corporation with its principal place of business in Plano.

    The defendants are HSN Inc. and HSN Interactive.

    The defendants are accused of infringing on U.S. Patent No. D564,216 issued March 18, 2008, for Wine Carrier; and of false designation of origin, imitation of trade dress, false representations in interstate commerce, common law unfair competition and of unjust enrichment.

    Primeware claims the defendants' product Colin Cowie Wine Purse is infringing on the patent-in-suit.

    The plaintiff is asking for an injunction to prevent further infringement of the '216 patent and for an award of loss of profits or reasonable royalty, enhanced and treble damages, interest, attorney's fees and court costs.

    Primeware is represented by J.B. Peacock Jr., D. G. Gagnon, Cynthia Shanklin and David Vereeke of Gagnon, Peacock, Shanklin & Vereeke in Dallas.

    A jury trial is requested.

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

    Case No. 4:10-cv-00677

    FALSE PATENT MARKING CASES

    Marshall Division

    Dec. 6

  • Plaintiff: Texas Data L.L.C
    Plaintiff's Attorney: Scott Stevens, Kyle Nelson, Gregory Love; Stevens Love, Longview

  • Defendant: French Transit Ltd.
    Patents In Suit: U.S. Patent No. 12,537 issued March 20, 1855, for Folding Life-Boat
    Patent Expiration Date: that the '537 Patent expired on March 20, 1875
    Defendant's Falsely Marked Product: Crystal Body Deodorant sticks
    Case No. 2:10-cv-00525-TJW

    Dec. 9

  • Plaintiff: Kilts Resources
    Plaintiff's Attorney: Winston O. Huff; Huff Legal Group, Plano

    Defendant: Beckman Coulter Inc.
    Patents In Suit:
    U.S. Patent No. 4,683,195 issued July 28, 1987, for Process For Amplifying, Detecting, And/Or Cloning Nucleic Acid Sequences;
    U.S. Patent No. 4,683,202 issued July 28, 1987, for Process For Amplifying Nucleic Acid Sequences;
    U.S. Patent No. 4,965,188 issued Oct. 23, 1990, for Process For Amplifying, Detecting, And/Or Cloning Nucleic Acid Sequences Using A Thermostable Enzyme; and
    U.S. Patent No. 5,075,216 issued Dec. 24, 1991, for Methods For DNA Sequencing With Thermus Aquaticus DNA Polymerase.
    Patent Expiration Date:
    the '195 Patent expired on July 28, 2004.
    the '202 Patent expired on Oct. 25, 2005.
    the '188 Patent expired on July 28, 2004.
    the '216 Patent expired on Dec. 24, 2008.
    Defendant's Falsely Marked Product: Allegra X-22 Series Benchtop Centrifuges products
    Case No. 2:10-cv-00540-DF

  • Defendant: Home Depot Inc.
    Patents In Suit: U.S. Patent No. D368,060 issued March 19, 1996, for Garage Wall Mounted Car Door Protector,
    U.S. Patent No. 4,340,998 issued July 27, 1982, for Hook For Elastic Cable,
    U.S. Patent No. 4,730,425 issued March 15, 1988, for Returned Stair Tread Having Moisture Compensated Joint and Method For Making Same,
    U.S. Patent No. 4,821,440 issued April 18, 1989, for Weatherized Construction Site Inspection Board Assembly; and
    U.S. Patent No. D304,348 issued Oct. 31, 1989, for Weatherized Display Board For Construction Sites.
    Patent Expiration Date:
    the '060 Patent expired on March 19, 2010.
    the '998 Patent expired on March 10, 2000.
    the '425 Patent expired on Feb.24, 2007.
    the '440 Patent expired on Nov. 27, 2007.
    the '348 Patent expired on Oct. 31, 2003.
    Defendant's Falsely Marked Product: Park Smart Yellow Wall Guard, JOUBERT Adjustable Bungee Cords (2-Pack), Startek 10.5 in. x 48 in. Unfinished Red Oak Return Thread (2-Pack) and DHR Standard Doc-Box products
    Case No. 2:10-cv-00541-TJW

  • Defendant: Brother International Corp.
    Patents In Suit: U.S. Patent No. 4,839,742 issued June 13, 1989, for Reflected-Character Printing Apparatus; and
    U.S. Patent No. 4,976,558 issued Dec. 11, 1990, for Device For Feeding Recording Medium In The Longitudinal Recording Direction.
    Patent Expiration Date:
    the '742 Patent expired on Oct. 9, 2007.
    the '558 Patent expired on Nov. 14, 2008.
    Defendant's Falsely Marked Product: PT1000 (Affordable Handheld Labeler), PT1180 (Electronic Labeling System) and PT1200 (Electronic Labeling System) products
    Case No. 2:10-cv-00542-TJW

  • Defendant: Bio-Rad Laboratories Inc.
    Patents In Suit: U.S. Patent No. 4,574,040 issued March 4, 1986, for Apparatus For Vertical Gel Electrophoresis.
    Patent Expiration Date: the '040 Patent expired on Sept. 28, 2004.
    Defendant's Falsely Marked Product: PROTEAN II XL Cell, PROTEAN Plus Dodeca Cell, Criterion Dodeca Cell, Mini-PROTEAN 3 Dodeca Cell products
    Case No. 2:10-cv-00543-TJW

  • Defendant: Boston Scientific Corp.
    Patents In Suit: U.S. Patent No. 4,876,126 issued Oct. 24, 1989, for Medical Instrument and Method for Making; and
    U.S. Patent No. 4,925,445 issued May 15, 1990, for Guide Wire For Catheter.
    Patent Expiration Date:
    the '126 Patent expired on Sept. 1, 2008.
    the '445 Patent expired on Feb. 9, 2009.
    Defendant's Falsely Marked Product: Glidewire Guidewire products
    Case No. 2:10-cv-00544-DF

  • Defendant: The Dow Chemical Co.
    Patents In Suit: U.S. Patent No. 3,567,650 issued March 2, 1971, for Method of Making Microscopic Capsules
    Patent Expiration Date: the '650 Patent expired on March 2, 1988.
    Defendant's Falsely Marked Product: ETHOCEL Ethylcelulose Polymers products
    Case No. 2:10-cv-00545-TJW

  • Defendant: Halliburton Co.
    Patents In Suit: U.S. Patent No. 4,304,676 issued Dec. 8, 1981, for Methods and Compositions For Dissolving Silicates In Subterranean Formations
    Patent Expiration Date: the '676 Patent expired on March 11, 2000.
    Defendant's Falsely Marked Product: Sandstone 2000 Acid System products
    Case No. 2:10-cv-00546-TJW

  • Defendant: Trane Inc.
    Patents In Suit: U.S. Patent No. 2,844,026 issued July 22, 1958, for Combined Moisture and Liquid Indicators;
    U.S. Patent No. 3,742,722 issued July 3, 1973, for Thermostatic Expansion Valve For Refrigeration Systems;
    U.S. Patent No. 4,030,365 issued June 21, 1977, for Differential Pressure Gauge; and
    U.S. Patent No. 4,347,744 issued Sept. 7, 1982, for Diaphragm Type Differential Pressure Gauge With Overpressure Relief Protection.
    Patent Expiration Date:
    the '026 Patent expired on July 22, 1975.
    33. Defendant knew that the '722 Patent expired on July 3, 1990.
    34. Defendant knew that the '365 Patent expired on June 21, 1994.
    35. Defendant knew that the '744 Patent expired on Sept. 8, 2000.
    Defendant's Falsely Marked Product:
    See-All Moisture and Liquid Indicator, Thermostatic Expansion Valves, Magnehelic Differential Pressure Gages, Minihelic II Differential Pressure Gages products
    Case No. 2:10-cv-00547-TJW

    Dec. 10

  • Plaintiff: Patent Group
    Judge: T. John Ward
    Plaintiff's Attorney: Stafford Davis; The Stafford Davis Law Firm, Tyler; D. Neil Smith, Derek Gilliland, John Hull, Ed Chin; Nix Patterson & Roach, Daingerfield.

  • Defendant: Matco Tools and Danaher Corp.
    Patents In Suit: U.S. Patent No. 4,884,824 issued Dec. 6, 1989, for Magnetic Fender Cover
    Patent Expiration Date: the '824 patent expired on July 7, 2008.
    Defendant's Falsely Marked Product: Magnetic Fender Cover Devices
    Case No. 2:10-cv-00549

  • Plaintiff: Main Hastings LLC
    Plaintiff's Attorney: Winston O. Huff; Huff Legal Group, Plano

  • Defendant: Berkshire Hathaway Inc., The Pampered Chef Ltd., Russell Brands a.k.a. Russell Corp. d/b/a Spalding, The Scott Fetzer Co. and Wayne/Scott Fetzer Co. d/b/a Wayne Combustion Systems Wayne.
    Patents In Suit:
    U.S. Patent No. 4,237,474 issued Dec. 2, 1980, for Electroluminescent Diode and Optical Fiber Assembly;
    U.S. Patent No. 6,360,442 issued March 26, 2002, for Grapefruit Knife;
    U.S. Patent Nos. 4,433,839 issued Feb. 28, 1984, for Basketball Rim Assembly;
    U.S. Patent No. 6,447,409 issued Sept. 10, 2002, for Basketball Rim Assembly; and
    U.S. Patent No. 4,388,064 issued June 14, 1983, for Energy Efficient High Static Pressure Fluid Fuel Burner.
    Patent Expiration Date:
    the '474 Patent expired on Oct.18, 1998.
    the '442 Patent expired on March 26, 2010.
    the '839 Patent expired on Feb. 28, 1996.
    the '409 Patent expired on Sept. 10, 2010.
    the '064 Patent expired on Aug. 11, 2000.
    Defendant's Falsely Marked Product: Pampered Chef garlic press and grapefruit knife, various
    Spalding basketball equipment and Wayne oil and fuel burners
    Plaintiff's Attorney: Gregory P. Love, Scott E. Stevens, Kyle Nelson; Stevens Love, Longview.
    Case No. 2:10-cv-00548

    Dec. 11

  • Defendant: Church & Dwight Co. Inc. and Scantibodies Laboratory Inc.
    Patents In Suit: U.S. Patent No. 5,141,850 issued Aug. 25, 1992, for Porous Strip Form Assay Device Method.
    Patent Expiration Date: The '850 Patent expired on Feb.7, 2010.
    Defendant's Falsely Marked Product: First Response Pregnancy Test, First Response Rapid Result Pregnancy Test.
    Plaintiff's Attorney: Winston O. Huff; Huff Legal Group, Plano
    Case No. 2:10-cv-00550

  • Defendant: HSN, Inc., HSNi, HSN Interactive
    Patents In Suit: U.S. Patent No. 7,752,083 issued July 6, 2010, for System For Improved Interactive Television Processing; and U.S. Patent No. 7,756,758 issued July 13, 2010, for Method and System For Improved E-Commerce Shopping.
    Patent Expiration Date: the patents are allegedly not applicable to the defendants' products
    Defendant's Falsely Marked Product: HSN e-commerce website
    Plaintiff's Attorney: Winston O. Huff; Huff Legal Group, Plano
    Case No. 2:10-cv-00551

  • Defendant: Moog Inc.
    Patents In Suit: U.S. Patent No. 4,398,889 issued Aug. 16, 1983, for Flight Simulator.
    Patent Expiration Date: The '889 Patent expired on June 8, 2001.
    Defendant's Falsely Marked Product: Simodont Dental Training Simulator
    Plaintiff's Attorney: Winston O. Huff; Huff Legal Group, Plano
    Case No. 2:10-cv-00552

  • Defendant: ViewSonic Corp. and Trident Microsystems Inc.
    Patents In Suit:
    U.S. Patent Nos. 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 Processing;
    U.S. Patent No. 4,907,093 issued March 6, 1990, for Method and Apparatus For Preventing The Copying Of A Video Program; and
    U.S. Patent No. 4,577,216 issued Nov. 14, 1983, 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 November 14, 2003.
    Defendant's Falsely Marked Product: ViewSonic VPC100 All-In-One PC, ViewSonic VPC101 All-In-One PC, Trident SAA710x PC TV, Trident SAA7120/21 PC TV, Trident SAA7128A/29A PC TV.
    Plaintiff's Attorney: Winston O. Huff; Huff Legal Group, Plano
    Case No. 2:10-cv-00553

    Sherman Division

    Dec. 6

  • Plaintiff: IP Forensics
    Plaintiff's Attorney: Michael T. Konczal; Konczal Law Firm, Plano
    Judge: Richard A. Schell

  • Defendant: Fox Run USA a/k/a Kitchenart
    Patents In Suit: U.S. Patent No. 5,448,913; Des. 328,827 for Armchair; Des. 328,867; Des. 344,686.
    Patent Expiration Date: the '913 patent has expired on Sept.12, 2007. The '867 patent expired on Aug. 25, 2006. The '686 patent expired on March 2, 2008.
    Defendant's Falsely Marked Product: KitchenArt Adjust-A-Measure measuring device
    Case No. 4:10-cv-00669

    Dec. 8

  • Defendant: Microplane Direct and Grace Manufacturing
    Patents In Suit: U.S. Patent No. 5,100,506
    Patent Expiration Date:
    Defendant's Falsely Marked Product: Box Grater, Specialty Series Ultimate Citrus Tool, Premium Classic Series Medium Ribbon Grater, Classic Series Zester/Grater, Home Series Fine Grater, Home Series Coarse Grater, Nutmeg grate-n-shake
    Case No. 4:10-cv-00672

    Dec. 11

  • Plaintiff: William T. Gray
    Plaintiff's Attorney: Winston O. Huff; Huff Legal Group, Plano

    Defendant: Seasons USA Inc. and Nightview Productions Inc.
    Patents In Suit: U.S. Patent No. 4,955,807 issued Sept. 11, 1990, for Spiral Coil Candle Holder For Pumpkins and Other Substrates
    Patent Expiration Date: The '807 Patent expired on Dec. 2, 2008.
    Defendant's Falsely Marked Product: Safety Candle Holder
    Case No. 4:10-cv-00681

    Texarkana Division

    Dec. 9

  • Plaintiff: GHJ Holdings LLC
    Plaintiff's Attorney: Randall Garteiser, Christopher Johns; Garteiser Law Group, San Rafael, Calif.

  • Defendant: Proctor and Gamble Manufacturing Co. and Proctor & Gamble Distributing
    Patents In Suit: U.S. Patent No. 5,169,552 issued Dec. 8, 1992.
    Patent Expiration Date: The '552 Patent expired on Oct. 4, 2009.
    Defendant's Falsely Marked Product: Cascade With Dawn Dishwasher Detergent, Cascade With Dawn Dishwasher Detergent Orange Scent, Cascade With Dawn Dishwasher Detergent Lemon Scent, Cascade Complete With Bleach Dishwasher Detergent, and Cascade Complete Dishwasher Detergent
    Case No. 5:10-cv-00222

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