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SOUTHEAST TEXAS RECORD

Thursday, March 28, 2024

Recent patent infringement/false patent marking cases filed in the Eastern District of Texas

PATENT INFRINGEMENT CASES

Marshall Division

Jan. 18

  • Advanced Processor Technologies v. Analog Devices Inc., et al.

    The plaintiff is a Texas limited liability company with its principal place of business in Frisco.

    The defendants are Analog Devices Inc., Cirrus Logic Inc., Conexant Systems Inc., Digi International Inc., Marvell Semiconductor Inc., Micrel Inc., Mindspeed Technologies Inc., Netronome Systems Inc. and Zoran Corp.

    The defendants are accused of infringing on U.S. Patent No. 5,796,978 issued Aug. 18, 1998, for Data Processor Having an Address Translation Buffer Operable With Variable Page Sizes; and U.S. Patent No. 6,047,354 issued April 4, 2000, for Data Processor For Implementing Virtual Pages Using a Cache and Register.

    Advanced Processor Technologies is asking the Court to issue an injunction preventing the defendants from further acts of infringement and for an award of damages, no less than a reasonable royalty.

    The plaintiff is represented by Adam V. Floyd, Kent Cooper and Joseph D. Gray of F & B LLP in Austin.

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

    Case No. 2:11-cv-0019

    Jan. 20

  • TS Media Tech v. Associated Equipment Corp. et al.

    Plaintiff TS Media Tech is a Texas limited liability company with a place of business located in Marshall.

    The defendants are Associated Equipment Corp. Fronius USA, Genuine Parts Co. d/b/a NAPA Auto Parts, Midtronics Inc., Pulsetech Products Corp., Relax Technology Inc. d/b/a Granite Digital, Schumacher Electric Corp., Stanley Black & Decker Inc., The NOCO Co., The Procter & Gamble Co. d/b/a Duracell.

    The defendants are accused of infringing on U.S. Patent No. 7,089,127 issued Aug. 8, 2006, for Integrated Battery Service System.

    TS Media Tech is seeking an award of damages, treble damages, court costs and attorney fees.

    The plaintiff is represented by Andrew W. Spangler of Spangler Law in Longview and James C. Otteson in East Palo Alto, Calif.

    A jury trial is requested.

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

    Case No. 2:11-cv-0020

    Tyler Division

    Jan. 18

  • Effectively Illuminated Pathways v. Aston Martin Lagonda of North America Inc., et al.

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

    The defendants are Aston Martin Lagonda of North America Inc., Bentley Motors Inc., BMW of North America, Ford Motor Co., Maserati North America Inc., Mitsubishi Motors North America Inc. and Volkswagen Group of America Inc.

    The defendant is accused of infringing on U.S. Patent No. 6,520,669 issued Feb. 18, 2003, for Flexible Substrate Mounted Solid-State Light Sources for Exterior Vehicular Lighting

    The plaintiff argues the defendants are willfully infringing on the '669 patent.

    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 Leonard E. Davis is assigned to the case.

    Case No. 6:11-cv-00034-LED

    Jan. 19

  • Parallel Iron v. Accela Communications Inc. et al.

    Parallel Iron is a Texas limited liability company.

    The defendants are Accela Communications Inc., AOL Inc., Click Forensics Inc., CONTEXTWEB Inc., International Business Machines Corp. and Potomac Fusion Inc.

    The defendants are accused of U.S. Patent No. 7,415,565 issued Aug. 19, 2008, for Methods and Systems for a Storage System With a Program-Controlled Switch for Routing Data.

    Parallel Iron is asking the Court to issue a permanent injunction to prevent the defendants from further infringement of the '565 patent and for an award of damages, costs, expenses and interest.

    The plaintiff is represented by Basheer Y. Ghorayeb and Matthew D. Orwig of SNR Denton US in Dallas and Mark L. Hogge and Shailendra Maheshwari in Washington, D.C.

    A jury trial is requested.

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

    Case No. 6:11-cv-00036-LED

  • Greenberg Smoked Turkeys Inc. v. Tsavo Media Inc.
  • Greenberg Smoked Turkeys Inc. v. ValueClick Inc.

    Greenberg Smoked Turkeys, Inc. is a Texas corporation with its principal place of business in Tyler.

    The defendants are accused of infringing on U.S. Trademark Registration No. 2,614,281 for the mark GREENBERG SMOKED TURKEY and U.S. Trademark Registration No. 1,444,298 for the mark GREENBERG.

    Defendant Tsavo Media owns and operates an Internet business called GourmetFoods101.com. Defendant ValueClick Inc. owns and operates an Internet business called Smarter.com.

    The defendants are accused of trademark infringement, unfair competition and trademark dilution.

    The plaintiff is asking the Court to order the Defendants to account for and pay over to Plaintiff all gains, profits and advantages gained form the infringing activity and for an award of damages, costs and expenses.

    Greenberg Smoked Turkeys is represented by Trey Yarbrough of Yarbrough Wilcox in Tyler; Emily B. Kirsch and Joseph B. Teig of Reed Smith in New York, N.Y.; and Brad R. Newberg of Reed Smith in Falls Church, Va.

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

    Greenberg Smoked Turkeys Inc. v. Tsavo Media Inc., Case No. 6:11-cv-00037
    Greenberg Smoked Turkeys Inc. v. ValueClick Inc., Case No. 6:11-cv-00038

    FALSE PATENT MARKING CASES

    Beaumont Division

    Jan. 19

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

  • Defendant: Coghlan's Ltd.
    Patents In Suit: U.S. Patent No. 4,619,830 and D287,217
    Patent Expiration Date: The '830 patent expired on Aug. 2, 2004. The '217 patent expired on Dec. 16, 2000.
    Defendant's Falsely Marked Product: One Cup Coffee Filters products.
    Case No. 1:11-cv-00023

    Texarkana Division

    Jan. 20

  • Plaintiff: Texas IP Research
    Plaintiff's Attorney: Hao Ni, Ni Law Firm, Dallas; Tyler Brochstein, Brochstein Law Firm, Dallas; Jack L. Siegel, Dallas.
    Judge: David Folsom

  • Defendant: Chemtura Corp., Makhteshim Agan Industries Ltd., Makhteshim Chemical Works, Ltd. and Makhteshim Agan of North America Inc.
    Patents In Suit: U.S. Patent No. 5,142,064 issued on Aug. 25, 1992, for Organic Compounds Derived from Urea or Thiourea, Insecticidal Preparations on the Basis of the New Substances and Methods of Producing the Substances; U.S. Patent No. 4,980,376 issued on Dec. 25, 1990, for Benzoyl-Ureas Having Insecticide Activity; and U.S. Patent No. 5,089,525 issued Feb. 18, 1992, for N-(Halobenzoyl)-N'-2-Halo-4-(1,1,2-TRI-Fluoro-2(Trifluoro-Methoxy)E-Thoxy)-Phenyl-Ureas with Insecticidal Activity.
    Patent Expiration Date: The '064 Patent expired on Aug. 25, 2009. The '376 Patent expired on Dec. 25, 2007. The '525 Patent expired on Feb. 18, 2009.
    Defendant's Falsely Marked Product: the Rimon 0.83EC Insecticide products
    Case No. 5:11-cv-00014

    Jan. 22

  • Defendant: Pentair Inc. and Pentair Water Pool and Spa Inc.
    Patents In Suit: U.S. Patent No. 4,210,624 issued July 1, 1980, for Universal Chlorinator Module and U.S. Patent No. 4,293,425 issued Oct. 6, 1981, for Method of Chlorinating Swimming Pools and the Like.
    Patent Expiration Date: The '624 Patent expired on July 1, 1997. The '425 Patent expired on Oct.6, 1998.
    Defendant's Falsely Marked Product: Rainbow Lifeguard #300-29X Chlorine/Bromine Feeder for
    Commercial-Size Applications and Rainbow Lifeguard #300 Chlorine/Bromine Feeder products
    Case No. 5:11-cv-00015

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