PATENT INFRINGEMENT CASES

Marshall Division

May 24

  • Commil USA v. Cisco Systems Inc.

    Commil USA is a Texas limited liability company with its principle place of business in The Woodlands.

    The defendant is accused of infringing on U.S. Patent No. 6,430,395 issued Aug. 6, 2002, for Wireless Private Branch Exchange (WPBX) and Communicating Between Mobile Units and Base Stations.

    On May 20 the Court entered judgment that Cisco directly infringed and induced infringement on the '395 Patent and that those claims are valid.

    The Court awarded Commil USA $63,791,153 in actual damages but severed all claims for future damages and directed Commil USA to file a new complaint regarding future royalties.

    Commil is asking the Court for an award of damages sufficient to compensate Commil USA for infringement of the '395 Patent by Defendant since January 29, 2011, together with prejudgment and post judgment interest and costs.

    The plaintiff is represented by Richard A. Sayles, Mark S. Werbner and Mark D. Strachan of Sayles Werbner in Dallas.

    A jury trial is requested.

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

    Case No. 2:11-cv-00265

    May 27

  • Funimation Entertainment v. Does 1-1427

    Funimation is an entertainment company, which produces, markets and distributes animated motion pictures and other media in the United States and numerous other territories.

    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 defendants are accused of reproducing and distributing an unlawful, digital copy of Plaintiff's copyrighted motion picture, "The Legend Is Born: IP Man."

    Funimation is asking the Court to issue an injunction preventing further infringement and for an award of actual, statuary and punitive damages, attorney's fees and court costs.

    The plaintiff is represented by Denton attorney Evan Stone.

    A jury trial is requested.

    U.S. District Judge David Folsom is assigned to the case.

    Case No. 2:11-cv-00269

  • Visto Corp. d/b/a Good Technology v. LRW Technologies Inc. f/k/a LRW Digital Inc.

    Good Technology is a Delaware corporation with its principal place of business of Redwood Shore, Calif.

    The defendant is accused of infringing on U.S. Patent No. 6,023,708 issued Feb. 8, 2000, for System and Method for Using a Global Translator to Synchronize Workspace Elements Across a Network and U.S. Patent No. 6,151,606 issued Nov. 21, 2000, for System And Method For Using A Workspace Data Manager to Access, Manipulate and Synchronize Network Data.

    Good Technology is asking the Court to issue an injunction to prevent further infringement and for an award of damages, interest, enhanced damages and court costs.

    The plaintiff is represented by Sam F. Baxter of McKool Smith in Marshall, Theodore Stevenson III and Jill F. Lynch of McKool Smith in Dallas and Steven J. Pollinger and Geoffrey L. Smith of McKool Smith in Austin.

    A jury trial is requested.

    Case No. 2:11-cv-00271

    Tyler Division

    May 26

  • Pozen Inc. v. Sun Pharma Global FZE

    The defendant is accused of infringing on U.S. Patent No. 6,060,499 issued May 9, 2000, for Anti-migraine Methods and Compositions Using 5-HT Agonists with Long-Acting NSAIDS and U.S. Patent No. 6,586,458 issued July 1, 2003 for Methods of Treating Headaches Using 5-HT Agonists in Combination with Long-Acting NSAIDS.

    The FDA on April 15, 2008, approved Pozen's new drug application for Treximet, NDA No. 21-926. Treximet is a tablet for oral administration and contains 85 mg of sumatriptan and 500 mg of naproxen sodium.

    According to the lawsuit, the defendant is seeking approval to make a generic version of the product prior to the expiration of the patents.

    Pozen is asking the Court to issue an injunction to prevent the infringement of its patents and for an award of costs and interest.

    The plaintiff is represented by Otis W. Carroll Jr. and Collin M. Maloney of Ireland Carroll & Kelley in Tyler and Stephen M. Hash of Vinson & Elkins of Austin.

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

    Case No. 6:11-cv-00272

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