PATENT INFRINGEMENT CASES
Marshall Division
Feb. 16
Plaintiff ExitExchange is a Texas corporation.
The defendants are Casale Media Inc., Adchemy Inc., Belo Corp., Belo Interactive Inc., CPX Interactive, Exponential Interactive Inc., Mediafire, Optimax Media Delivery, Pulse 360 Inc., Suburban Community Newspapers, TrafficMarketplace Inc., Valueclick Inc., the Weather Channel Interactive Inc., and West 10 Newspapers Inc.
The defendants are accused of infringing on U.S. Patent No. 7,386,555 B2 issued June 10, 2008, for Post-Session Internet Advertising System.
ExitExchange is asking the court to issue an injunction to prevent further infringement and for an award of compensatory damages, treble damages, court costs, interest and attorney's fees.
The plaintiff is represented by S. Calvin Capshaw and Elizabeth L. DeRieux of Capshaw DeRieux in Longview.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:11-cv-00095
Sherman Division
Feb. 15
Plaintiff Howlink is a Texas limited liability company with a principal location in Plano.
The defendants are Centris Information Services formerly known as Network Operator Services Inc., Conversant Technologies Inc., JCW Electronics Inc., JCW Electronics I and JCW Electronics I Ltd. also known as JCW Inmate Payphone Systems, Network Communications International Corp. also known as NCIC Inmate Telephone Services, Teletrust Inc., Trio Communications Inc. and Value-Added Communications Inc.
The defendants are accused of infringing on U.S. Patent No. 7,876,744 issued Jan. 25, 2011, for Method for Collect Call Service Based on VoIP Technology and System Thereof.
The plaintiff is asking the court to issue an injunction preventing the defendants from further infringement and for an award of actual damages, enhanced damages, interest, court costs and attorney's fees.
HowLink is represented by Adrian M. Pruetz and Charles C. Koole of Pruetz Law Group in El Segundo, Calif., and Andrew Y. Choung of Echelon Law Group in San Francisco, Calif.
A jury trial is requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 4:11-cv-00071
Texarkana Division
Feb. 16
ION Geophysical Corp. is a Delaware corporation.
The defendant is accused of infringing on U.S. Patent No. 5,852,242 issued Dec. 22, 1998. The patent covers an apparatus and method for sensing the displacement of a mass, which is used in connection with micro-electromechanical based accelerometers.
The defendant's seismic data acquisition products are allegedly infringing on the '242 patent.
The plaintiff is asking the Court to issue an injunction and an award of damages, attorney's fees and court costs.
ION is represented by Michael O. Sutton, Matthew G. Reeves and Tanya L. Chaney of Locke Lord Bissell & Liddell in Houston.
U.S. District Judge David Folsom is assigned to the case.
Case No. 5:11-cv-00039
Tyler Division
Feb. 16
Ichos is a limited liability corporation, organized and existing under the laws of the state of Delaware, having a principal place of business Washington, D.C.
The defendant is accused of infringing on U.S. Patent No. 7,323,980 issued Jan. 29, 2008, for Security System and Method with Realtime Imagery.
Ichos is asking the Court to issue an injunction preventing the defendant from further infringement and for an award of damages, interest and court costs.
The plaintiff is represented by David R. Deary, Jim L. Flegle, Peter J. Thoma and Corey J. Weinstein of Loewinsohn Flegle Deary in Dallas.
A jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:11-cv-00075
Feb. 17
Plaintiff Mobile Products is a Texas corporation with its principal place of business in Longview.
The plaintiff is a manufacturer and distributor of industrial sweepers for the rental and pavement industry under the trade name and trademark Lay-Mor.
Defendant Magnum Products manufactures various products, including lighting equipment, water tanks and other equipment used in the construction and rental industries.
The defendant is accused of infringing on Mobile Product's three wheel sweeper, which is under the Lay-more trademark.
The defendant is accused of willful trade dress infringement, trade dress dilution, breach of contract, unfair competition and misappropriation of trade secrets.
The plaintiff is asking the Court to issue an injunction preventing the defendant from further infringement and for an award of damages, treble damages, attorney's fees and court costs.
Mobile Products is represented by Johnny Ward and Wesley Hill of Ward & Smith Law Firm in Longview and Timothy R. Brownlee and Rita L. Hoop of Waits, Brownlee, Berger & Dewoskin in Kansas City, Mo.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:11-cv-00077
Plaintiff Norman IP Holdings is a Texas corporation with its principal place of business in Tyler.
The defendants are Canon USA Inc., Canon Inc., Nikon Inc., Nikon Corp., Nikon Americas Inc., Olympus Corporation of the Americas, Olympus Corp., Olympus Imaging Corp., Olympus Imaging America Inc., Olympus America Inc., Fujifilm Corp., Fujifilm North America Corp. formerly known as Fujifilm U.S.A. Inc., Konica Minolta Holdings U.S.A. Inc., Konica Minolta Business Solutions U.S.A. Inc., Pentax of America Inc., Hoya Corp., Hoya Corp. USA, Eastman Kodak Co., Lenovo Group Limited and Lenovo Inc.
The defendants are accused of infringing on U.S. Patent No. 5,530,597 issued on June 25, 1996, for Apparatus and Method for Disabling Interrupt Masks in Processors or the Like; U.S. Patent No. 5,502,689 issued March 26, 1996, for Clock Generator Capable of Shut-Down Mode and Clock Generation Method; and U.S. Patent No. 5,608,873 issued March 4, 1997, for Device and Method for Interprocessor Communication Using Mailboxes Owned by Processor Devices.
The plaintiff is asking the Court to issue an injunction preventing further infringement and for an award of damages, interest, treble damages, court costs and attorney's fees.
Norman is represented by Andrew DiNovo and Chester J. Shiu of DiNovo Price Ellwanger & Hardy in Austin.
A jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:11-cv-00078
FALSE PATENT MARKING CASES
Marshall Division
Feb. 16
Plaintiff's Attorney: Winston O. Huff; Huff Legal Group, Plano
Judge: T. John Ward
Patents In Suit: U.S. Patent No. 4,875,386 issued Oct. 24, 1989, for Handlegrip cruise assist device,
Patent Expiration Date: The '386 expired on June 5, 2009
Defendant's Falsely Marked Product: CrampBuster Cruise Assist products
Case No. 2:11-cv-00091
Plaintiff's Attorney: Winston O. Huff; Huff Legal Group, Plano
Judge: David Folsom
Patents In Suit:
U.S. Patent No. 4,594,202 issued June 10, 1986 for Method Of Making Cylindrical Fibrous Filter Structures and U.S. Patent No. 2,925,650 issued Feb. 23, 1960 for Method Of Forming Perforate Metal Sheets.
Patent Expiration Date:
The '202 Patent expired on Jan. 6, 2004.
The '650 Patent expired on Feb. 23, 1973.
Defendant's Falsely Marked Product: Profile A/S Series Filter Elements, Profile II RFN Series Filter Elements, Flange Mounted Filters, 1 and 1.5 inch Tube Filter Elements
Case No. 2:11-cv-00092
Plaintiff's Attorney: Kenneth P. Trosclair, Jeremy R. Wilson; Wilson, Trosclair & Lovins, Dallas
Judge: T. John Ward
Patents In Suit: U.S. Patent No. 265,207 issued June 29, 1982, for Pair of Binoculars or Similar Article
Patent Expiration Date: the 265,207 patent expired on June 29, 1996
Defendant's Falsely Marked Product: Tasco 10X50mm Zip Focus binoculars
Case No. 2:11-cv-00094
Feb. 21
Judge: T. John Ward
Patents In Suit: U.S. Patent No. 2,987,924 issued June 13, 1961, for Blade Balancer. U.S. Patent No. 2,992,388 issued July 11, 1961, for Electromagnetic Pressure Gage.
Patent Expiration Date: The '924 patent expired on June 13, 1978. The '388 patent expired on July 11, 1978.
Defendant's Falsely Marked Product: footwear scraper device
Plaintiff's Attorney: Ken W. Good; Kent, Good, Anderson & Bush, Tyler. Stafford Davis; Stafford Davis Firm, Tyler
Case No. 2:11-cv-00093
Patents In Suit: U.S. Patent No. 3,602,436 issued Aug. 31, 1971, for Spray Nozzle for an Eyewash Fountain. U. S. Patent No. 5,008,963 issued April 23, 1991, for Emergency Wash Station.
Patent Expiration Date: The' 436 patent expired on Aug. 31, 1988. The '963 patent expired on July 3, 2009.
Defendant's Falsely Marked Product: Haws Emergency Equipment
Plaintiff's Attorney: Jack Walker, Reid W. Martin, Marisa M. Schouten; Martin Walker, Tyler.
Case No. 2:11-cv-0097
Texarkana Division
Feb. 16
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. RE 34,953 issued May 30, 1995, for Takeout Jaw Insert and Assembly
U.S. Patent No. 4,902,456 issued Feb. 20, 1990, for Fluorocarbon Membranes and Process for Making Fluorocarbon Membranes
U.S. Patent No. 4,906,377 issued May 6, 1990, for Fluorocarbon Membranes and Process for Making Fluorocarbon Membranes
Patent Expiration Date:
The '953 patent expired Aug. 31, 2009.
The '456 patent expired May 4, 2008.
The '377 patent expired May 4, 2008.
Defendant's Falsely Marked Product: Glassmate Take-Out Holder and Circular Insert products and Phasor II Membrane Contractor products
Case No. 5:11-cv-00036-DF
Tyler Division
Feb. 17
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. 3,737,536
Patent Expiration Date: expired on June 5, 1990.
Defendant's Falsely Marked Product: Mardel Maracyn Medication products
Case No. 6:11-cv-00078