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

SOUTHEAST TEXAS RECORD

Thursday, November 21, 2024

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

PATENT INFRINGEMENT CASES

Marshall Division

March 15

  • Charles E. Hill & Associates Inc. v. 1-800 Flowers.com et al

    Plaintiff Charles E. Hill & Associates Inc. is a Delaware corporation with its principal place of business in Jefferson.

    The defendants are 1-800 Flowers.com Inc., Abt Electronics Inc., Follett Corp., Follett Higher Education Group, Lowe's Companies Inc., Mason Companies Inc., Neiman Marcus Inc., Office Depot Inc., Ritz Interactive Inc., Scholastic Corp., Sony Corp. of America, Staples Inc. and The Children's Place Inc.

    The defendants are accused of infringing on:
  • U.S. Patent No. 5,528,490 issued June 18, 1996, and relates to an electronic catalog system and method for, among other things, producing information related to a selected product on a remote computer;
  • U.S. Patent No. 5,761,649 issued June 2, 1998, and relates to a method for updating a remote computer as a means of storing product data;
  • U.S. Patent No. 6,029,142 issued February 22, 2000 and relates to an electronic catalog system and method to, among other things, display product information data;
  • U.S. Patent No. 7,908,173 issued March 15, 2010, and relates to an electronic catalog system and method to, among other things, display and compare product information data; and
  • U.S. Patent No. 7,908,176 issued March 15, 2010, and relates to a method to, among other things, display and compare product information data.

    Hill is asking the court for a permanent injunction preventing further infringement and for an award of damages, enhanced damages, interest and court costs.

    The plaintiff is represented by Scott E. Stevens of Stevens Love in Longview; and Trevor Carter, Daniel M. Lechleiter and Andrew M. McCoy of Baker & Daniels in Indianapolis, Ind.

    A jury trial is requested.

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

    Case No. 2:11-cv-000174

    March 16

  • Ogma v. 3m Co. et al

    Ogma is a Texas limited liability Co. with a place of business in Longview.

    The defendants 3M Co., ASUSTeK Computer Inc., ASUS Computer International, Canon Inc., U.S.A. Inc., Casio Computer Co. Ltd., Casio America Inc., Christie Digital Systems USA Inc., Coby Electronics Corp., Dukane Corp., Eiki International Inc., Seiko Epson Corp., Epson America Inc., Haier Group Co., Haier America Trading, InFocus Corp., Lenovo Group Ltd., Lenovo Holding Co. Inc., Lenovo (United States) Inc., LG Electronics Inc., LG Electronics U.S.A. Inc., Micro-Star International Co. Ltd., MSI Computer Corp., Mitsubishi Electric Corp., Mitsubishi Electric & Electronics USA Inc., NEC Corp., NEC Corp. of America, Optoma Corp., Optoma Technology Inc., Panasonic Corp., Panasonic Corp. of North America, Planar Systems Inc., Runco International, Sanyo Electric Co. Ltd., Sanyo North America Corp., Sharp Corp., Sharp Electronics Corp., Sony Corp., Sony Electronics Inc., Supersonic Inc., Systemax Inc., Toshiba Corp., Toshiba America Information Systems Inc., ViewSonic Corp. and Vivitek Corp.

    The defendants are accused of infringing on U.S. Patent No. 5, 825,427 issued Oct. 20, 1998, for Image Display System.

    Ogma is asking the court for an award of damages, treble damages, court costs and attorney's fees.

    The plaintiff is represented by Andrew W. Spangler of Spangler Law PC in Longview; James C. Otteson, David A. Caine, Thomas T. Carmack and Xiang Long of Agility IP Law in East Palo Alto, Calif.

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

    Case No. 2:11-cv-00166

  • Trinity Industries Inc. and Texas A&M University System v. Spig Industry and Spig Industry Inc.

    The defendants are accused of infringing on:
  • U.S. Patent No. 6,715,735 issued April 6, 2004, for a Head Assembly for Guardrail Extruder Terminal;
  • U.S. Patent No. 6,902,150 issued June 7, 2005, for a Steel Yielding Guardrail Support Post;
  • U.S. Patent No. 6,488,268 Dec. 3, 2002, for Breakaway Support Post for Highway Guardrail End Treatments; and
  • U.S. Patent No. 6,783,116 issued Aug. 31, 2004, for Guardrail End Terminal Assembly Having At Least One Angle Strut.

    The plaintiffs are asking the court to enjoin the defendants from further infringement and for an award of damages, enhanced damages, interest and attorney's fees.

    Trinity Industries and Texas A&M are represented by Henderson attorney Russell C. Brown.

    A jury trial is requested.

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

    Case No. 2:11-cv-00177

    March 18

  • 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., Baccus Global, Fronius USA, Midtronics Inc., The NOCO Company, PulseTech Products Corp., Relax Technology Inc. d/b/a Granite Digital and Stanley Black & Decker Inc.

    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 E. 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-00181

    Tyler Division

    March 15

  • Unified Messaging Solutions v. Facebook Inc. et al

    The defendants are Facebook Inc., Atmos Energy Corp., Atmos Energy Services, Bank of America Corp., Bank of America, Charter Communications Inc., Comcast Corp., Comerica Inc., Comerica Bank, Eharmony Inc., ETrade Financial Corp., E*Trade Bank, LinkedIn Corp., Match.com Inc., Regions Financial Corp., Regions Bank, Reliant Energy Inc., Reliant Energy Retail Holdings, Research In Motion Corp., Cequel Communications Holdings I, Cequel Communications d/b/a Suddenlink Communications, True Beginnings, LLC, T-Mobile USA, Inc., TXU Energy Retail Company, Verizon Communications Inc. and Windstream Corp.

    The defendants are accused of infringing on U.S. Patent No. 6,857,074; U.S. Patent No. 7,836,141; U.S. Patent No. 7,895,306; and U.S. Patent No. 7,895,313 all for Systems and Methods for Storing, Delivering, and Managing Messages.

    The plaintiff is asking for an award of damages, royalties and interest.

    Unified Messaging Solutions is represented by Edward R. Nelson III, Brent N. Bumgardner, Christie B. Lindsey and Thomas C. Cecil of Nelson Bumgardner Casto in Fort Worth; T. John Ward Jr. and J. Wesley Hill of Ward & Smith Law Firm in Longview; and Eric M. Albritton of Albritton Law Firm in Longview.

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

    Case No. 6:11-cv-00120

    March 17

  • PJC Logistics v. Acme Truck Line Inc. et al

    PJC Logistics is a Texas limited liability corporation with its principal place of business in Hewitt.

    The defendants are Acme Truck Line Inc., Arkansas Best Corp., Bill Davis Trucking Inc., Bruce Oakley Inc., Cal-Ark International Inc., Convoy Logistics, Daryl Thomason Trucking Inc., Dedicated Logistics, Dupre Logistics, Empire Truck Lines Inc., Fikes Truck Line, Frito-Lay North America Inc., Groendyke Transport Inc. J.B. Hunt Transport Services Inc., John Christner Trucking, Linkamerica Corp., Martin Transport Inc., Maverick Transportation, MC Express Inc., Miller Truck Lines, MM&E Logistics, Nationalelite Transportation, Paul Transportation Inc., Southern Refrigerated Transport Inc., Transco Lines Inc., Trimac Transportation Inc., UV Logistics, USA Truck Inc. and Wal-Mart Stores Inc.

    The defendants are accused of infringing on U.S. Patent No. 5,223,844 issued June 29, 1993, for Vehicle Tracking and Security System.

    The plaintiff is asking the court for an award of damages, attorney's fees, costs and expenses.

    PJC Logistics is represented by R. Mark Dietz of Dietz & Jarrard in Round Rock.

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

    Case No. 6:11-cv-00125

    March 18

  • Imperium (IP) Holdings Inc. v. Apple Inc. et al

    Imperium (IP) Holdings Inc. is a Cayman Islands corporation having a place of business in New York.

    The defendants are Apple Inc., Kyocera Communications Inc., LG Electronics U.S.A. Inc., LG Electronics Mobilecomm U.S.A. Inc., Motorola Mobility Holdings Inc., Nokia Inc., Research in Motion Corp. and Sony Ericsson Mobile Communications (USA) Inc.

    The defendants are accused of infringing on:
  • U.S. Patent No. 6,271,884 issued Aug. 7, 2001, for Image Flicker Reduction with Fluorescent Lighting;
  • U.S. Patent No. 6,838,651 issued Jan. 4, 2005, for High Sensitivity Snap Shot CMOS Image Sensor;
  • U.S. Patent No. 6,838,715 issued Jan. 4, 2005, for CMOS Image Sensor Arrangement with Reduced Pixel Light Shadowing;
  • U.S. Patent No. 7, 064,768 issued June 20, 2006, for Bad Pixel Correction While Preserving Features; and
  • U.S. Patent No. 7,109,535 issued Sept. 19, 2006, for Semiconductor Device for Isolating a Photodiode to Reduce Junction Leakage.

    The plaintiff is asking the court to issue an injunction preventing further infringement and for an award of damages, interest and court costs.

    Imperium Holdings is represented by Alan M. Fisch of Kaye Scholer LLP 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-00128

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