PATENT INFRINGEMENT CASES

Marshall Division

March 21

  • Network Protection Sciences v. Netsweeper Inc.

    Network Protection Sciences is a Texas limited liability company with its principal place of business in Longview.

    The defendant is accused of infringing on U.S. Patent No. 5,623,601 issued April 22, 1997, for Apparatus and Method for providing a Secure Gateway for Communication and Data Exchanges between Networks.

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

    Network Protection is represented by S. Calvin Capshaw and Elizabeth L. DeRieux of Capshaw Derieux in Gladewater and Vincent E. McGeary of Gibbson PC in Newark, N.J.

    A jury trial is requested.

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

    Case No. 2:11-cv-00187

    March 25

    Internet Machine MC v. PLX Technology Inc. et al.

    Internet Machines is a Texas limited liability company with its principal place of business in Longview.

    The defendants are PLX Technology Inc., Alienware Corp., Avnet Inc., Dell Inc. d/b/a Dell Computer Inc., d/b/a Dell Computer f/k/a Dell Computer Corp., Mouser Electronics Inc., National Instruments Corp. and Samsung Electronics America Inc.

    The defendant is accused of infringing on U.S. Patent No. 7,539,190 issued May 26, 2009, for Multicasting in a Shared Address Space.

    The plaintiff is asking the court to issue an injunction preventing further infringement and for an award of damages, enhanced damages, costs, expenses, interest and attorney's fees.

    Internet Machines is represented by Andrew W. Spangler of Spangler Law in Longview.

    A jury trial is requested.

    Case No. 2:11-cv-00193

    Sherman Division

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

    Plaintiff 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 Michael H. Schneider is assigned to the case.

    Case No. 4:11-cv-00163

    Tyler Division

    March 22

  • Azure Networks and Tri-County Excelsior Foundation v. CSR PLC et al

    Azure Networks is a Texas limited liability company with its principal place of business in Longview. Tri-County Excelsior Foundation is a Texas non-profit corporation with its principal place of business in Marshall.

    The defendants are CSR plc and Cambridge Silicon Radio International, Atheros Communications Inc., Broadcom Corporation, Marvell Semiconductor Inc., Qualcomm Inc., Ralink Technology Corp. and Ralink Technology Corporation and Texas Instruments Inc.

    The defendants are accused of infringing on U.S. Patent No. 7,756,129 issued July 13, 2010, for Personal Area Network with Automatic Attachment and Detachment.

    The plaintiffs are asking the court for an award of damages, costs, expenses, judgment interest and post-judgment royalties.

    The plaintiffs are represented by Eric M. Albritton, Steve Edwards and Debra Coleman of Albritton Law Firm in Longview; T. John Ward Jr. and J. Wesley Hill of Ward & Smith Law Firm in Longview; and Danny Williams, J. Mike Amerson, Jaison John, Christopher Cravey, Matthew Rodgers, Michael A. Benefield and David Morehan of Williams, Morgan & Amerson in Houston.

    Jury trial is requested.

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

    Case No. 6:11-cv-00139

    April 1

  • Cheetah Omni v. Verizon Services Corp. et al

    Cheetah Omni is a Texas limited liability company.

    The defendants are Verizon Services Corp. Verizon Business Network Services Inc. and Verizon Enterprise Delivery.

    The defendants are accused of infringing on U.S. Patent No. 7,522,838 issued April 21, 2009, for Optical Logic Gate Based Optical Router.

    The plaintiff is asking the court to issue a permanent injunction preventing further infringement of the '838 patent and for an award of damages, treble damages, attorney's fees and interest.

    Cheetah Omni is represented by T. John Ward Jr. and J. Wesley Hill of Ward & Smith Law Firm in Longview; Joe Kendall of Kendall Law Group in Dallas; and Eric M. Albritton of Albritton Law Firm in Longview.

    A jury trial is requested.

    Case No. 6:11-cv-00160

    FALSE PATENT MARKING CASES

    Marshall Division

    March 31

  • Plaintiff: Patent Group
    Plaintiff's Attorney: Ken W. Good; Kent, Good, Anderson & Bush, Tyler.
    Judge: T. John Ward

  • Defendant: CertainTeed Corp.
    Patents In Suit:
    U.S. Patent No. 4,729,814 for Apparatus for Making an Offset Laminated Roofing Shingle issued on March 8, 1988.
    U.S. Patent No. 4,775,440 for Method of Making an Offset Laminated Roofing Shingle issued on October 4, 1988.
    U.S. Patent No. 5,426,902 for Composite Shingle Having Shading Zones in Different Planes issued on June 27, 1995.
    Patent Expiration Date: The '814 patent expired on Aug.14, 2006. The '440 patent expired on Dec. 21, 2007. The '902 patent expired on June 27, 2007.
    Defendant's Falsely Marked Product: roofing shingle devices
    Case No. 2:11-cv-00201

    April 1

  • Plaintiff: Morgan & Cowan
    Plaintiff's Attorney: M. Cody Cowan; Cowan Law Firm, Tyler
    Judge: T. John Ward

  • Defendant: Progressive International Corp., Big Lots Inc., Union Lucky Industrial Limited
    Patents In Suit:
    U.S. Patent No. 6,058,813 for Locknut Wrench; World Wide Patent UK 2,334,939; and Patent UK 2,341,378
    Patent Expiration Date: '813 patent is not applicable to the product and the '939 and '378 patent is not issued by a recognized entity
    Defendant's Falsely Marked Product: I-Can Opener
    Case No. 2:11-cv-00201

    Texarkana Division

    March 30

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

  • Defendant: Valterra Products Inc.
    Patents In Suit: U.S. Patent Nos. 4,660,860; 4,688,833; 4,722,556; 4,708,370; and 4,758,027
    Patent Expiration Date: Nov. 14, 2005
    Defendant's Falsely Marked Product: EZ Coupler Drain House Fittings
    Case No. 5:11-cv-00081-DF

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