PATENT INFRINGEMENT CASES

Marshall Division

Feb. 23

  • Vigilos v. Sling Media Inc. et al

    Plaintiff Vigilos is a Texas limited liability company with a principal place of business in Tyler.

    The defendants are Sling Media Inc., EchoStar Technologies, EchoStar Corp. and Monsoon Multimedia Inc.

    The defendant is accused of infringing on U.S. Patent No. 6,839,731 issued Jan. 4, 2005, for System and Method for Providing Data Communication in a Device Network.

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

    Vigilos is represented by Andrew W. Spangler of Spangler Law in Longview and Marc A. Fenster of Russ, August & Kabat in Los Angeles, Calif.

    U.S. District Judge David Folsom is assigned to the case.

    Case No. 2:11-cv-00112

    Sherman Division

    Feb. 23

  • Dexas International Ltd. v. Lifetime Brands Inc. et al

    Plaintiff Dexas Internationa is a Texas limited partnership with its principal place of business in Coppell.

    The defendants are Lifetime Brands Inc., Dollar Tree Stores Inc. and Greenbriar International Inc.

    The defendants are accused of infringing on U.S. Patent No. 7,878,493 issued on Feb. 1, 2011, for Cutting Board Scoop.

    The plaintiff is seeking an award of damages, treble damages, court costs, attorney fees and interest.

    Dexas International is represented by Daniel V. Thompson of the Law Office of Daniel V. Thompson in Dallas.

    A jury trial is requested.

    U.S. District Judge Richard A. Schell is assigned to the case.

    Case No. 4:11-cv-00090

    Texarkana Division

    Feb. 25

  • Motorola Mobility and General Instrument v. TiVo Inc.

    Plaintiff Motorola Mobility is a Delaware corporation having a principal place of business in Libertyville, Ill.

    Plaintiff General Instrument is a Delaware corporation having a principal place of business in Horsham, Penn. General Instrument is a wholly-owned subsidiary of Motorola Mobility, which designs and supplies the QIP set-top boxes that Motorola Mobility sells and supplies to Verizon.

    The defendant is accused of infringing on United States Patent Nos. 5,949,948; 6,304,714 and 6,356,708, which all relate to digital video recorders and were filed in 1998.

    According to the lawsuit, TiVo filed U.S. Patent Nos. 6,233,389 and 7,529,465 relating to Multimedia Time Warping System in 2001. TiVo has filed a lawsuit against the plaintiffs in an attempt to enforce those patents.

    The plaintiffs are asking for a judgment that the '714, '948 and '708 Patents are each valid, enforceable, and infringed by TiVo and for a permanent injunction preventing TiVo from further infringement.

    The plaintiffs are also asking for an award of damages, interest, treble damages, attorneys' fees and court costs.

    Motorola and General Instrument are represented by John Allcock, Sean Cunningham and Erin Gibson of DLA Piper in San Diego, Calif.; and Wayne Harding, Brain Erickson and John Guaragna of DLA Piper in Austin.

    U.S. District Judge David Folsom is assigned to the case.

    Case No. 5:11-cv-00053

    Tyler Division

    Feb. 23

  • Landmark Technology v. Cinemark Holdings Inc. et al

    Plaintiff Landmark Technology is a Delaware limited liability company with its principal place of business in Tyler.

    The defendants are Cinemark Holdings Inc., Crocs Inc., FansEdge Inc., Gaiam Inc., Herman Miller Inc., LeapFrog Enterprises Inc., Liquidity Services Inc., Stewart Enterprises Inc., Tech For Less Inc. and The Knot Inc.

    The defendants are accused of infringing on U.S. Patent No. 5,576,951 issued Nov. 19, 1996, for Automated Sales and Services System; U.S. Patent No. 6,289,319 issued Sept. 11, 2001, for Automated Business and Financial Transaction Processing System; and U.S. Patent No. 7,010,508 issued March 7, 2006, for Automated Multimedia Data Processing Network.

    Landmark Technology is asking the Court for an injunction to prevent the defendants from further infringement and for an award of damages, royalty, lost profits, enhanced damages, costs, attorneys' fees and interest.

    The plaintiff is represented by Charles Ainsworth and Robert Christopher Bunt of Parker, Bunt & Ainsworth in Tyler.

    A jury trial is requested.

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

    Case No. 6:11-cv-00091

    Feb. 23

  • DataTreasury Corp. v. Capital One Financial Corp. et al

    The defendants are Capital One Financial Corp., Capital One, Capital One Bank (USA), Regions Financial Corp., Regions Bank, North American Bancshares Inc., American Bank of Texas N.A., American Bank of Texas, LegacyTexas Group Inc., Legacy Texas Bank, Patriot Bancshares Inc., Patriot Bank, Prosperity Bancshares Inc. and Prosperity Bank.

    The defendants are accused of infringing on U.S. Patent No. 5,910,988 issued June 8, 1999, and 6,032,137 issued Feb. 29, 2000, for an invention in a remote image capture with centralized processing and storage.

    DataTreasury Corp. is asking the Court to issue a permanent injunction preventing the defendants from further infringement and for an award of damages, treble damages, costs, expenses, interest and attorney's fees.

    The plaintiff is represented by Nelson Roach and Derek Gilliland of Nix Patterson & Roach in Daingerfield; C. Cary Patterson, Brady Paddock and R. Benjamin King of Nix Patterson & Roach in Texarkana; and Anthony Bruster, Rod Cooper, Edward Chin, Nicole Reed Kliewer and Andrew Wright of Nix Patterson & Roach in Irving.

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

    Case 6:11-cv-00092-LED

    Feb. 25

  • TracBeam v. AT&T Inc. et al

    Plaintiff TracBeam is a Colorado limited liability company.

    The defendants are AT&T Inc., AT&T Mobility, MetroPCS Communications Inc., MetroPCS Wireless Inc., Texas RSA 7B3 d/b/a Peoples Wireless Services, Sprint Nextel Corp., Sprint Spectrum, Nextel of California Inc., Nextel Communications of the Mid-Atlantic Inc., Nextel of New York Inc., Nextel South Corp., Nextel of Texas Inc., Nextel West Corp. and Cellco Partnership d/b/a Verizon Wireless.

    The defendants are accused of infringing on U.S. Patent No. 7,764,231 issued July 27, 2010, for Wireless Location Using Multiple Mobile Station Location Techniques; and U.S. Patent No. 7,525,484 issued April 28, 2009, for Gateway and Hybrid Solutions for Wireless Location.

    TracBeam is asking the Court to issue an injunction preventing the defendants from further infringement and for an award of compensatory damages, costs, expenses, interest and attorneys' fees.

    The plaintiff is represented by S. Calvin Capshaw and Elizabeth L. DeRieux of Capshaw DeRieux in Gladewater; Gregory S. Dovel and Richard E. Lyon of Dovel & Luner in Santa Monica, Calif.; and Robert Christopher Bunt of Parker & Bunt in Tyler.

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

    Case No. 6:11-cv-00096

    FALSE PATENT MARKING CASES

    Beaumont Division

    Feb. 24

  • 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: Safer Inc.
    Patents In Suit: U.S. Patent Nos. 4,386,071 and 4,445,641
    Patent Expiration Date: The '071 patent expired on July 13, 2001, and the '641 patent expired on July 8, 2002.
    Defendant's Falsely Marked Product: Safer Brand The Pantry Pest Trap and Safer Brand Ant & Crawling Insect Killer products
    Case No. 1:11-cv-00100

  • Defendant: DJO Global Inc., DJO Finance, Mueller Sports Medicine Inc.
    Patents In Suit: U.S. Patent No. 4,628,918
    Patent Expiration Date: the '918 patent expired on March 18, 2005.
    Defendant's Falsely Marked Product: Aircast Tennis Elbow Support products
    Case No. 1:11-cv-00100

    Marshall Division

    Feb. 25

  • Plaintiff: Flash LNL
    Plaintiff's Attorney: Scott E. Stevens, Gregory P. Love and Kyle J. Nelson; Stevens Love, Longview
    Judge: T. John Ward

  • Defendant: CVS Caremark Corp.
    Patents In Suit: product is marked patented but is actually an unpatented product
    Patent Expiration Date:
    Defendant's Falsely Marked Product: CVS Party Cups
    Case No. 2:11-cv-00117

    Texarkana Division

    Feb. 22

  • Plaintiff: Tex Pat LLC
    Plaintiff's Attorney: Hao Ni; Ni Law Firm, Dallas. Tyler Brochstein; Brochstein Law Firm, Dallas. Jack L. Siegel, Dallas.
    Judge: David Folsom

  • Defendant: Tyco International Ltd., Tyco Fire Products, Grinnell and Central Sprinkler Co.
    Patents In Suit:
    U.S. Patent No. 4,014,388 issued March 29, 1977, for Concealed Sprinkler Assembly
    U.S. Patent No. 4,580,729 issued April 8, 1986, for Sprinkler Head with Improved Spray Uniformity
    Patent Expiration Date:
    The '388 Patent expired on June 21, 1996.
    The '729 Patent expired on January 22, 2005.
    Defendant's Falsely Marked Product: ILLUSION 11.2 K-factor Quick Response Extra Large Orifice Concealed Pendent Sprinkler products
    Case No. 5:11-cv-00050

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

  • Defendant: Klipsch Group Inc., d/b/a Klipsch Audio Technologies, KVH Industries Inc., Matrox Electronics Systems Ltd., Matrox International Corp., Micro-Star International Co. Ltd., MSI Computer Corp., Clarion Co. Ltd., Clarion Corporation of America, D&M Holdings Inc. and Denon Electronics
    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 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.
    Patent Expiration Date:
    The '216 Patent expired on Nov. 14, 2003.
    The '603 Patent expired on April 17, 2005.
    The '098 Patent expired on April 14, 2007.
    The '093 Patent expired on March 6, 2007.
    Defendant's Falsely Marked Product: Klipsch's CS-500 System, KVH's TracVision Antenna System, Matrox Ltd. and Matrox International's ATC RG Series, Micro-Star and MSI's Wind Top AE1900 All-in-One (AIO) PC MS-6638 (V1.X) System and Wind Top AE 2020 All-in-One (AIO) PC MS-AA1511 (V1.X) System, Clarion Ltd. and Clarion America's VRX575USB Radio/DVD Multimedia Center, and D&M and Denon's DVD-3800-BDCI Blue-Ray-Disc / DVD Video Player, DVD-1940CI DVD Audio-Video / Super Audio CD
    Player, DVD-1740 DVD Video Player, DVM-1845 DVD Video Auto Changer, DVM-745 DVD Video Auto Changer, and DVD-558 DVD Video Player products
    Case No. 5:11-cv-00051

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