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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

April 19

  • Webvention v Allergan Inc. et al.

    Plaintiff Webvention is a Texas limited liability company with its principal place of business in Marshall.

    The defendants are Allergan Inc., Eveready Battery Co. Inc., Nordstrom Inc., Unilever United States Inc., HDR Inc., Mercedes-Benz USA, Daimler AG, Robert Half International Inc., Bass Pro Outdoor World, Merck & Co. Inc., L. L. Bean Inc., Polo Ralph Lauren Corp., Royal Caribbean Cruises Ltd., Vibrant Media Inc., Hulu, Tommy Hilfiger USA Inc., Tommy Hilfiger Group BV, The Valspar Corp., Volt Delta Resources, Volt Information Sciences Inc., T. Rowe Price Group Inc. and SAIC Inc.

    The defendants are accused of infringing on U.S. Patent No. 5, 251,294 issued Oct. 5, 1993, for Accessing, Assembling and Using Bodies of Information.

    Webvention states the infringement of the '294 patent is occurring through each defendants' respective websites.

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

    Webvention is represented by William E. Davis, III of The Davis Law Firm in Longview.

    Jury trial is requested.

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

    Case No. 2:11-cv-00225

    April 20

  • Beneficial Innovations Inc. v. Advance Publications Inc. et al.

    Plaintiff Beneficial Innovations is a Nevada corporation.

    The defendants are Advance Publications Inc., ALM Media Properties, Amazon.com Inc., American Media Inc., Autotrader.com Inc., Dell Inc., Demand Media Inc., Expedia Inc., Rodale Inc., Scripps Interactive, Viacom Inc., and Village Voice Media Holdings.

    The defendants are accused of infringing on U.S. Patent No. 6,712,702 issued March 30, 2004, for Method and System for Playing Games on a Network and U.S. Patent No. 7,496,943 issued Feb. 24, 2009, for Networking System for Presenting Advertising.

    The plaintiff is asking the Court to issue an injunction preventing further infringement of the '372 patent and for an award of damages, attorney's fees and court costs.

    The plaintiff is represented by Elizabeth L. DeRieux, S. Calvin Capshaw and D. Jeffrey Rambin of Capshaw DeRieux in Gladewater.

    Additional counsel includes the Santa Monica, Calif., firms of Dovel & Luner and Murphy Rosen Meylan & Davitt.

    A jury trial is requested.

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

    Case No. 2:11-cv-00229

    Tyler Division

    April 18

  • MacroSolve Inc. v. Canvas Solutions Inc. et al.

    Plaintiff MacroSolve is an Oklahoma corporation with its principal place of business in Tulsa.

    The defendants are Canvas Solutions Inc., Geoage Inc., Kony Solutions Inc., Widget Press Inc., Pogo Corp. and SWD Interactive.

    The defendants are accused of infringing on U.S. Patent No.7,822,816 issued Oct. 26, 2010, for System and Method for Data Management.

    MacroSolve is asking the Court to issue a permanent injunction preventing further infringement of the '816 patent and for an award of reasonable royalty, interest, court costs and attorney's fees.

    The plaintiff is represented by Matthew J. Antonelli, Zachariah S. Harrington and Larry D. Thompson Jr. of Antonelli, Harrington & Thompson in Houston.

    A jury trial is requested.

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

    Case No. 6:11-cv-00194

    April 19

  • Hybrid Audio v. High Tech Computer Corp. a/k/a HTC Corp. et al.

    Plaintiff Hybrid Audio is a Texas limited liability corporation with its principal place of business in Tyler.

    The defendants are High Tech Computer Corp., a/k/a HTC Corp., HTC (B.V.I.) Corp., HTC America Inc., Exedea Inc., Apple Inc., Dell Inc., Motorola Mobility Inc., Nokia Corp. and Nokia Inc., Research in Motion, Ltd. and Research in Motion Corp. and Samsung Electronics Co. Ltd., Samsung Electronics America Inc. and Samsung Telecommunications America.

    The defendants are accused of infringing on U.S. Patent No. RE40,281 for Signal Processing Utilizing a Tree-Structured Array.

    Hybrid Audio is asking the Court to issue an injunction preventing the defendants from further infringement and for an award of damages, treble damages, costs, interest and attorney's fees.

    The plaintiff is represented by Kevin Lee Burgess and Seth R. Hasenour of McKool Smith in Austin and Sam F. Baxter of McKool Smith in Marshall. A jury trial is requested.

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

    Case No. 6:11-cv-00195

  • Automotive Technologies International Inc. v. I.D. Systems Inc.

    ATI is a Delaware corporation with its principal place of business in Boonton, N.J.

    The defendant is accused of infringing on U.S. Patent No. 7,386,372, which discloses and claims an ultrasonic cargo monitor that modifies the transmission or processing of the ultrasonic waves based on atmospheric conditions.

    The plaintiff is asking the Court to issue an injunction preventing further infringement of the '372 patent and for an award of damages, attorney's fees and court costs.

    The plaintiff is represented by Elizabeth L. DeRieux, S. Calvin Capshaw and D. Jeffrey Rambin of Capshaw DeRieux in Gladewater.

    A jury trial is requested.

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

    Case No. 6:11-cv-00196

    April 21

  • Digital Reg of Texas v. Adobe Systems Inc. et al.

    Digital is a Texas limited liability company with its headquarters in Marshall.

    The defendants are Adobe Systems Inc., Valve Corp., Electronic Arts Inc., UbiSoft Entertainment Inc. Symantec Corp., Intuit Inc., AVG Technologies USA Inc. and Zynga Gaming Network Inc.

    The defendants are accused of infringing on the following patents:

  • U.S. Patent No. 6,389,541, issued on May 14, 2002, for Regulating Access to Digital Content;
  • U.S. Patent No. 6,751,670, issued on June 15, 2004, for Tracking Electronic Component;
  • U.S. Patent No. 7,127,515, issued on October 24, 2006, for Delivering Electronic Content;
  • U.S. Patent No. 7,272,655, issued Sept. 18, 2007, for Delivering Electronic Content;
    U.S. Patent No. 7,421,741, issued Sept. 2, 2008, for Securing Digital Content System and Method;
  • U.S. Patent No. 7,562,150, issued July 14, 2009 for Delivering Electronic Content; and
  • U.S. Patent No. 7,673,059 issued March 2, 2010, for Tracking Electronic Content.

    The plaintiff if asking the Court for an award of damages, interest, costs, ongoing royalty for continued infringement, enhanced damages and attorney's fees.

    Digital is represented by Eric M. Albritton of the Albritton Law Firm in Longview; T. John Ward Jr. of Ward & Smith Law Firm in Longview; and Andrew G. DiNovo, Raymond W. Mort III and Jay D. Ellwanger 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-00200

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