PATENT INFRINGEMENT CASES

Marshall Division

May 19

  • RPost Holdings Inc. et al v. Comprova.com Informatica S/A
  • RPost Holdings Inc. et al v. Rewpost.com

    The plaintiffs are RPost Holdings Inc., RPost International Limited and RMail Limited.

    Comprova.com Informatica S/A is accused of infringing on U.S. Patent No. 6,182,219 issued Jan. 30, 2001, and U.S. Patent No. 6,571,334 for Apparatus and Method for Authenticating the Dispatch and Contents of Documents.

    Rewpost.com is accused of infringing on U.S. Trademark Registration No. 2,867,278 issued July 27, 2004, for the mark Registered email for "delivery of messages by electronic transmission to a designated recipient to provide results on a basis of equivalent to the results obtain by registered mail.

    The defendants are accused of willful infringement, willful use of false designations of origin, false descriptions and representations in violation of the U.S. Trademark Act, trademark dilution, violation of the U.S. Trademark Act, common law trademark infringement and dilution, unfair competition and damage to business reputation.

    The plaintiffs are asking for the court for an order enjoining the defendants from using similar trademarks and for an award of damages, costs, expenses, interest, enhanced damages and attorneys' fees.

    The plaintiffs are represented by Winston O. Huff of Huff Legal Group in Plano and Lewis E. Hudnell, III of Hudell Law Group in New York. A jury trial is requested.

    Case Nos. 2:11-cv-00262-TJW; 2:11-cv-00263-DF

  • InMotion Imagery Technologies v. LFP Video Group et al.

    InMotion Imagery is a Texas limited liability company with its principal place of business in Marshall.

    The defendants are LFP Video Group, Metro-Goldwyn-Mayer Inc., Summit Entertainment, Elegant Angel Inc., New Sensations Inc., d/b/a Vouyer Media Inc., Girlfriends Films Inc., World Wide Red Light District, Zero Tolerance Entertainment Inc., Jules Jordan Video Inc., Anabolic Video Productions Inc., West Coast Productions Inc., Media Products Inc., d/b/a Devil's Film, RK Netmedia Inc., Image Entertainment Inc., Echo Bridge Entertainment, Loose Cannon Films Inc., and Vanguard International Cinema Inc.

    InMotion Imagery accuses the defendants of infringing on U.S. Patent No. 6,526,219 issued Feb. 25, 2003, for Picture-Based Video Indexing System.

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

    InMotion Imagery is represented by William E. Davis III of The Davis Firm in Longview.

    Jury trial is requested.

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

    Case No. 2:11-cv-00261

    Sherman Division

    May 20

  • Coach Inc. and Coach Services Inc. v. Deal Time et al

    Plaintiff Coach is a Maryland corporation with its principal place of business in New York, N.Y. Plaintiff Coach Services Inc. is a Maryland corporation with its principal place of business in Jacksonville, Fla.

    The defendants are Deal Time, Fidelity Communications Co. and Jeff Daly.

    The defendants are accused of trademark and trade dress infringement, counterfeiting, false designation of origin and false advertising, and trademark dilution under the Lanham Act, injury to business reputation and trademark dilution, trademark infringement, unfair competition and unjust enrichment.

    Coach is asking the court to issue an injunction to prevent the defendants' from continued acts of infringement and for an award of statutory damages of $2,000,000 per counterfeit mark or for an award of all profits derived from the infringing products, plus actual damages, treble damages, costs, attorney's fees, investigatory fees and interest.

    Coach is represented by Natalie L. Arbaugh of Fish & Richardson in Dallas.

    U.S. District Judge Michael H. Schneider is assigned to the case.

    Case No. 4:11-cv-00290

    Tyler Division

    May 17

  • Internet Machine MC v. AVNET Inc. et al

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

    The defendants are Avnet Inc., Asus Computer International, Best Buy Co Inc., Best Buy Stores, Bestbuy.com, CDW Corp., CDW, Concurrent Technologies Corp., Cyclone Microsystems Inc., EMC Corp., Extreme Engineering Solutions Inc., Fusion-IO Inc., GE Intelligent Platforms Embedded Systems Inc., Mercury Computer Systems Inc., Mouser Electronics Inc., National Instruments Corp., Phoenics Electronics Corp., PLX Technology Inc., Samsung Electronics America Inc., Vada Tech Inc. and Vrose Microsystems Inc.

    The defendants are accused of infringing on:

  • U.S. Patent No. 7,454,552 issued Nov. 18, 2008, for Switching with Transparent and Non-Transparent Ports;
  • U.S. Patent No. 7,421,532 issued Sept. 2, 2008, for Switching with Transparent and Non-Transparent Ports;
  • U.S. Patent No. 7,814,259 issued Oct. 12, 2010, for PCI Express Switch with Backwards Compatibility; and
  • U.S. Patent No. 7,945,722 issued May 17, 2010, for Routing Data Units Between Different Address Domains.

    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, John J. Edmonds, Michael J. Collins and Stephen F. Schlather of Collins, Edmonds & Pogorzelski in Houston and L. Charles van Cleef of Cooper & Van Cleef in Longview.

    A jury trial is requested.

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

    Case No. 6:11-cv-00250

  • Rogue Satellite Comics et al v. Dreamworks Animation SKG Inc. et al

    The plaintiffs are Rogue Satellite Comics, Kevin Bennett Atkinson and Christopher Phillip Reilly.

    The defendants are DreamWorks Animation SKG Inc., DreamWorks Animation, DreamWorks Inc., Paramount Pictures Corp., Pacific Data Images Inc., Red Hour Films, Cinemark USA Inc., Carmike Cinemas Inc., Hollywood Theaters Inc., Premiere Cinema Corp., Rave Cinemas, Starplex Master Holdings Inc., Toys "R" Us Inc., ToysRUs.com Inc., ToysRUs.com, Gamestop Corp., Hastings Entertainment Inc., SLB Toys USA, Inc., Penguin Group (USA) Inc., Pearson, PLC, d/b/a The Penguin Group, Random House Inc., and Ape Entertainment.

    The plaintiffs state that their comic character "Kingfish" was copied by the defendants and used as the character "Minion" in the animated motion pictures Megamind.

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

    The plaintiffs are represented by D. Neil Smith, Anthony Bruster, Edward Chin, Nicole Reed Kliewer, Andrew J. Wright and Edward B. Cloutman IV of Nix Patterson & Roach in Irving; Derek Gilliland of Nix Patterson & Roach in Daingerfield; and Brent M. Langdon and Kyle B. Davis of Langdon Davis in Texarkana.

    A jury trial is requested.

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

    Case No. 6:11-cv-00253

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