PATENT/COPYRIGHT INFRINGEMENT CASES

Beaumont Division

May 10

  • First Time Videos v. Does 1 – 11

    Plaintiff First Time Videos is a limited liability company with its principal place of business in Las Vegas, Nev.

    The unnamed defendants are accused of infringing on the plaintiff's copyrighted videos.

    The plaintiff will name the defendants once discovery is completed on the users of the BitTorrent file sharing.

    The copyrighted products at issues are pornographic videos.

    The unnamed defendants are also accused of civil conspiracy.

    First Time Videos is asking the Court for an award of statutory damages, exemplary damages, attorney's fees and court costs.

    The plaintiff is represented by Scott R. Bickford of Martzell & Bickford in New Orleans.

    A jury trial is requested.

    U.S. District Judge Ron Clark is assigned to the case.

    Case No. 1:11-cv-00231

    Marshall Division

    May 13

  • Droplets Inc. v. E Trade Financial Corp. et al.

    Plaintiff Droplets is a Delaware corporation with its principal place of business in Plano.

    The defendants are E*Trade Financial Corp., E*Trade Securities, E*Trade Bank, The Charles Schwab Corp., Charles Schwab & Co. Inc., Charles Schwab Bank, Schwab Holdings Inc., Merrill Lynch & Co. Inc., Merrill Lynch, Pierce, Fenner & Smith Inc., OptionsHouse, PEAK6 Investments, PEAK6 Capital Management, Scottrade Inc., Scottrade Financial Services Inc., TD Ameritrade Holding Corp., TD Ameritrade Inc., Zecco Holdings, Zecco Trading Inc., and Zecco Forex Inc.

    The defendants are accused of infringing on U.S. Patent No. 6,687,745 issued Feb. 3, 2004, for System and method for delivering a graphical user interface of remote applications over a thin bandwidth connection; and U.S. Patent No. 7,502,838 issued March 10, 2009, for System and method for delivering remotely stored applications and information.

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

    Droplets is represented by attorneys from McKool Smith offices in Dallas, Marshall; James A. Holmes of the Law Office of James Holmes in Henderson; and Matthew L. Kaufman of Ostrow Kaufman in New York.

    A jury trial is requested.

    Case No. 2:11-cv-00255

    Tyler Division

    May 9

  • Tech Pharmacy Services Inc. d/b/a Advanced Pharmacy and Advanced Pharmacy Services v. Omnicare Inc. et al

    Advanced Pharmacy is a Texas corporation with a principal place of business in Houston.

    The defendants are Omnicare Inc., Omnicare Pharmacy of Texas 1, Omnicare Pharmacy of Texas 2, PharMerica Corp., Talyst Inc. and Wellfount Corp.

    The defendants are accused of infringing on U.S. Patent No. 7,698,019 issued on April 13 for System and Software of Enhanced Pharmaceutical Operations in Long-Term Care Facilities and Related Methods.

    Advanced Pharmacy is asking the Court to issue an injunction preventing further infringement and for an award of damages, costs, interest and attorney's fees.

    The plaintiff is represented by Gregory P. Love, Darrell G. Dotson and Todd Y. Brandt of Stevens Love in Longview.

    A jury trial is requested.

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

    Case No. 6:11-cv-00226

  • Patent Harbor v. DreamWorks Animation SKG Inc. et al.

    Patent Harbor is a Texas corporation with its principal place of business in Tyler.

    The defendants are DreamWorks Animation SKG Inc., DreamWorks Animation, DreamWorks Animation Home Entertainment, DreamWorks Studios, After Dark Films, Castle Rock Entertainment Inc., CBS Films Inc., Freestyle Releasing, Focus Features, Happy Madison Inc., Home Box Office Inc., Legendary Pictures Inc., Lucasfilm Ltd., Metro-Goldwyn-Mayer Inc., Miramax Films, MTV Films, Nickelodeon Movies, Paramount Pictures Corporation, Paramount Home Entertainment Inc., Phoenix Pictures Inc., Pixar, Relativity Media, Rogue Pictures, Roadside Attractions, Spyglass Entertainment Inc., Spyglass Entertainment Holdings, United Artists Corporation, Universal Pictures, Universal Studios Home Entertainment, Illumination Entertainment, Digital Playground Inc., Elegant Angel Inc., Evil Angel Productions Inc., GGW Brands, New Sensations Inc., PHE Inc., Private Media Group Inc., Pulse Distribution, Sin City Digital Inc., also known as Adult Digital Media Inc., and VCX Ltd. Inc.

    The defendants are accused of infringing on U.S. Patent No. 5,684,514 issued Nov. 4, 1997, for Apparatus and Method for Assembling Content Addressable Video.

    The plaintiff is asking the Court for an award of damages, including a post-judgment royalty and interest.

    The plaintiff is represented by Keith A. Rutherford, John C. Cain and Scott Reese of Wong, Cabello, Lutsch, Rutherford & Brucculeri in Houston; T. John Ward Jr. of Ward & Smith Law Firm in Longview; and Eric M. Albritton of Albritton Law Firm in Longview.

    Jury trial is requested.

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

    Case No. 6:11-cv-00229

    May 10

  • Mosaid Technologies Inc. v. Elpida Memory Inc. et al.

    Plaintiff Mosaid is a Canadian corporation with a place of business in Plano.

    The defendants are Elpida Memory Inc., Buffalo Inc., Buffalo Technology (USA) Inc. and Chang-Sheng Inc. doing business as Axiontech.com and Axion Technologies.

    The defendants are accused of infringing on the following patents-in-suit:

  • U.S. Patent No. 5,677,573 issued Oct. 14, 1997, for Field Effect Transistor;
  • U.S. Patent No. 6,992,950 issued Jan. 31, 2006, for Delay Locked Loop Implementation in a Synchronous Dynamic Random Access Memory;
  • U.S. Patent No. 7,599,246 issued Oct. 6, 2009, for Delay Locked Loop Implementation in a Synchronous Dynamic Random Access Memory;
  • U.S. Patent No. 6,337,590 issued Jan. 8, 2002, for Digital Delay Locked Loop;
  • U.S. Patent No. 6,895,474 issued May 17, 2005, for Synchronous DRAM with Selectable Internal Prefetch Size; and
  • U.S. Patent No. 7,120,754 issued Oct. 10, 2006 for Synchronous DRAM with Selectable Internal Prefetch Size.

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

    Mosaid Technologies is represented by S. Calvin Capshaw III, Elizabeth L. DeRieux and D. Jeffrey Rambin of Capshaw DeRieux LLP in Gladewater; Robert S. Bennett and John Robert Robertson of Hogan Lovells in Washington, D.C.; and K. T. Cherian and Scott Wales of Hogan Levells in San Francisco, Calif.

    A jury trial is requested.

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

    Case No. 6:11-cv-00230

  • Klausner Technologies Inc. v. Alcatel-Lucent USA Inc. et al.

    Plaintiff Klausner Technologies Inc. is a New York corporation.

    The defendants are Alcatel-Lucent USA Inc., Alcatel-Lucent Holdings Inc., J2 Global Communications Inc., Mitel Networks Corp., Mitel Networks Inc., NEC Corp., NEC Corporation of America, PAETEC Communications Inc., PAETEC Corp., PAETEC Holding Corp., Primus Telecommunications Inc., Primus Telecommunications Group Inc., Samsung Electronics Co., Samsung Electronics America Inc., Samsung Telecommunications America, ShoreTel Inc., Siemens Enterprise Communications Inc., Siemens Enterprise Communications GmbH & Co. KG, Toshiba Corporation, Toshiba American Information Systems Inc., Toshiba America Inc., Wind stream Communications Inc., Wind stream Corporation, XO Communications Inc. and XO Communications.

    The defendants are accused of infringing on U.S. Patent Nos. 5,572,576 issued Nov. 5, 1996, for Telephone Answering Device Linking Displayed Data with Recorded Audio Message; and U.S. Patent No. 5,283,818 issued Feb. 1, 1994, for Telephone Answering Device Linking Displayed Data with Recorded Audio Message.

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

    Klausner Technologies is represented by S. Calvin Capshaw III, Elizabeth L. DeRieux and D. Jeffrey Rambin of Capshaw DeRieux in Gladewater; and Gregory S. Dovel and Sean A. Luner of Dovel & Luner in San Monica, Calif.

    A jury trial is requested.

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

    Case No. 6:11-cv-00231

  • Innovative Automation v. Audio and Video Labs Inc. d/b/a Disc Makers, et al

    Plaintiff Innovative Automation is a California limited liability company with its principal place of business in San Jose, Calif.

    The defendants are Audio And Video Labs Inc. d/b/a Disc Makers, CD Technical Inc., Corporate Disk Co., CustomCD Inc., Cycle Inc., Digital Media Group d/b/a/ Video Labs, Duplium Limited Partnership, Formats Unlimited Inc.; GoldenRom Optical Disc Corp., Great Lakes Media Technology Inc., Singulus Mastering B.V., Singulus Technologies Inc., U.S. Digital Media Inc. and World Media Group Inc.

    The defendants are accused of infringing on U.S. Patent No. 7,174,362 issued Feb. 6, 2007, for Method and System for Supplying Products from Pre-Stored Digital Data in Response to Demands Transmitted via Computer Network.

    The plaintiff is asking for an injunction to prevent further infringement and for an award of damages, interest, costs and attorney's fees.

    Innovative Automation is represented by Adam J. Gutride, Seth A. Safier and Todd Kennedy of Gutride Safier in San Francisco, Calif., Victoria L.H. Booke and Peter Ajlouny of Booke & Ajlouny in San Jose, Calif., and Jennifer Parker Ainsworth of Wilson, Robertson & Cornelius in Tyler.

    A jury trial is requested.

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

    Case No. 6:11-cv-00234

    May 13

  • MyPort IP Inc. v. HTC Corp. et al

    Plaintiff MyPort IP, Inc. is a Texas corporation located in McKinney.

    The defendants are HTC Corp., HTC America Inc., LG Electronics, LG Electronics U.S.A. Inc., Nokia Corporation, Nokia Inc., Research in Motion Ltd., Research in Motion Corp., Samsung Electronics Co. Ltd., Samsung Electronics America Inc., Sharp Corp., Sharp Electronics Corp., Sony Corp., and Sony Corp. of America.

    The defendants are accused of infringing on U.S. Patent No. 7,778,440 issued Aug. 17, 2010 for Apparatus and Method for Embedding Searchable Information Into a File for Transmission, Storage and Retrieval.

    MyPort IP is asking for an award of damages, interest, costs and attorney's fees.

    The plaintiff is represented by Matthew Prebeg, Stephen Abbott and Christopher M. Faucett of Clearman Prebeg in Houston and Johnny Ward and Wesley Hill of Ward & Smith Law Firm in Longview.

    A jury trial is requested.

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

    Case No. 6:11-cv-00246

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