PATENT INFRINGEMENT CASES

Marshall Division

June 14

  • Phoenix Licensing LLC and LPL Licensing v. Aetna Inc. et al

    The defendants are Aetna Inc., Aetna Life Insurance Co., Commerce Bancshares Inc., Commerce Bank, N.A., Cullen/Frost Bankers Inc., Frost National Bank, HSBC Finance Corp., HSBC Bank USA, N.A., HSBC Bank Nevada, N.A., HSBC Card Services Inc., HSBC Technology & Services Inc., HSBC Credit Center Inc., Liberty Mutual Insurance Co., MetLife Inc., Metropolitan Life Insurance Co., MetLife Bank N.A., Metropolitan Property and Casualty Insurance Co., Mutual of Omaha Insurance Co., United of Omaha Life Insurance Co., United World Life Insurance Co., Sovereign Bank, UnitedHealth Group Inc., United HealthCare Insurance Co., Golden Rule Insurance Co., United Healthcare Services Inc., and PacifiCare Health Systems LLC.

    The defendants are accused of infringing on:

  • U.S. Patent Number 5,987,434 issued Nov. 16, 1999, for Apparatus and Method for Transacting Marketing and Sales of Financial Products;
  • U.S. Patent Number 6,999,938 issued Feb. 14, 2006, for Automated Reply Generation Direct Marketing System;
  • U.S. Patent Number 7,890,366 issued Feb. 15, 2011, for Personalized Communication Documents, System and Method for Preparing Same; and
  • U.S. Patent Number 6,076,072 issued June 13, 2000, for Method and Apparatus for Preparing Client Communications Involving Financial Products and Services.

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

    The plaintiffs are represented by Calvin Capshaw III, Elizabeth L. DeRieux and D. Jeffrey Rambin of Capshaw DeRieux LLP of Gladewater; and Gregory Scott Dovel, Sean A. Luner and Richard E. Lyon of Dovel & Luner LLP in Santa Monica, Calif.

    A jury trial is requested.

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

    Case No. 2:11-cv-00285

    June 15

  • Phoenix Licensing and LPL Licensing v. Alliance Data Systems Corp. et al

    The defendants are Alliance Data Systems Corp., Alliance Data Systems LLC, ADS Alliance Data Systems Inc., World Financial Capital Bank, World Financial Capital Credit Co. LLC, WFN Credit Co. LLC, World Financial Network National Bank, CNO Financial Group Inc. f/k/a Conseco Inc., Colonial Penn Life Insurance Co., Credit One Bank, N.A., Credit One Financial, Sherman Financial Group LLC, CUNA Mutual Insurance Agency Inc. f/k/a CMCI Corp. d/b/a CUNA Mutual, CUNA Mutual Insurance Society d/b/a CMIS d/b/a CUNA Mutual Group, CUNA Mutual Life Insurance Co., Members Life Insurance Co. d/b/a CUNA Mutual, Farmers Group Inc. d/b/a Farmers Insurance Group d/b/a Farmers Insurance Group of Companies, Farmers Insurance Company Inc., Farmers New World Life Insurance Co., 21st Century Insurance and Financial Services Inc. d/b/a 21st Century Insurance Agency d/b/a 21st Century Insurance and Financial Services Group, 21st Century Insurance Co., 21st Century Insurance Company of California, 21st Century Insurance Company of the Southwest, 21st Century National Insurance Company, 21st Century North America Insurance Co., First Horizon National Corp., First Tennessee Bank, N.A., First National of Nebraska Inc., First National Bank of Omaha d/b/a First National Bank Omaha d/b/a First Bankcard d/b/a First National Bank, First National Credit Card Center Inc., GE Capital Financial Inc. d/b/a GE Capital Services d/b/a GE Capital, GE Consumer Finance Inc. a/k/a General Electric Consumer Finance Inc., GE Money Bank F.S.B. d/b/a GE Money Bank d/b/a GE Money, General Electric Capital Corp. d/b/a GE Capital Services d/b/a GE Capital, General Electric Company, General Electric Capital Services Inc. d/b/a GE Capital Services d/b/a GE Capital, Humana Inc. d/b/a Humana Group d/b/a Humana, Humana Health Plan Inc., Carenetwork Inc., HumanaDental Insurance Co., Humana Insurance Co., M&T Bank Corp., M&T Bank, M&T Bank N.A., M&T Corp., Manufacturers and Traders Trust Co., M&T Securities Inc., Wilmington Trust Corpo., Electric Insurance Co., Regions Financial Corp. d/b/a Regions Bank, Regions Bank, N.A. d/b/a Regions Bank, Regions Investment Services Inc., Regions Investment Corp., TCF Financial Corp., TCF National Bank d/b/a TCF Bank, TCF Agency Inc., TCF Agency Insurance Services Inc., United National Corp., First PREMIER Bank and PREMIER Bankcard LLC d/b/a PREMIER Bankcard Inc. d/b/a PREMIER Bankcard.

    The defendants are accused of infringing on U.S. Patent Number 5,987,434 issued Nov. 16, 1999, for Apparatus and Method for Transacting Marketing and Sales of Financial Products; U.S. Patent Number 6,999,938 issued Feb. 14, 2006, for Automated Reply Generation Direct Marketing System and U.S. Patent Number 7,890,366 issued Feb. 15, 2011, for Personalized Communication Documents, System and Method for Preparing Same.

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

    The plaintiffs are represented by Calvin Capshaw III, Elizabeth L. DeRieux and D. Jeffrey Rambin of Capshaw DeRieux LLP of Gladewater; and Gregory Scott Dovel, Sean A. Luner and Richard E. Lyon of Dovel & Luner LLP in Santa Monica, Calif.

    A jury trial is requested.

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

    Case No. 2:11-cv-00286

    June 16

  • Variant Holdings LLC and Variant Holdings Inc. v. Z Resorts d/b/a Hotel Zaza et al

    Variant Holdings is a limited liability company with a place of business in Charlestown and Variant Holdings Inc. has a place of business in McFarland, Wis.

    The defendants are Z Resorts d/b/a Hotel Zaza, Z Resorts Management d/b/a Hotel Zaza, Z Resorts Inc. d/b/a Hotel Zaza, Transformation 5701 L.P. d/b/a Hotel Zaza Houston, Givens-Records Development Ltd. d/b/a Hotel Zaza Dallas, Esa P Portfolio d/b/a Extended Stay Hotels, HVM d/b/a Extended Stay Hotels, Extended Stay America Inc. d/b/a Extended Stay Hotels, Nextag Inc., Price Watch Corp. Rosewood Hotel Investments Inc., Rosewood Hotels and Resorts, RRCC L.P. d/b/a Rosewood Crescent Hotel, Rosewood Property Co. d/b/a Roswood Mansion on Turtle Creek, The Carlyle LLC d/b/a The Carlyle, a Rosewood Hotel, Streetprices.com Inc. d/b/a Streetprices.com Corp., d/b/a Streetprices.com, Tanglewood Resort Properties Inc. d/b/a Tanglewood Resort, Travelnet Solutions Inc. and Yelp! Inc.

    The defendants are accused of infringing on U.S. Patent No. 7,624,044 issued on Nov.24, 2009, for a system for marketing goods and services utilizing computerized central and remote facilities.

    The plaintiffs are asking the court to issue an injunction and for an award of damages, costs, expenses, interest and attorney's fees.

    Variant Holdings are represented by John J. Edmonds and Stephen F. Schlather of Collins, Edmonds & Pogorzelski in Houston and Andrew W. Spangler of Spangler Law P.C. in Longview.

    A jury trial is requested.

    Case No. 2:11-cv-00290

    Tyler Division

    June 14

  • 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 September 18, 2007, for Delivering Electronic Content;
  • U.S. Patent No. 7,421,741, issued September 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 War, Jr. of Ward & Smith Law Firm in Longview; 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-00305

    June 16

  • Executive Machines Inc. v. Office Depot Inc.

    Executive Machines is a New York corporation with its principal place of business in Brooklyn, N.Y.

    The defendant is accused of infringing on U.S. Patent No. 7,673,822 issued March 9, 2010, for Shredder Head Having Motor Driven Shredder Blades and an Associated Safety Feature and/or a Method of Shredding Material.

    The plaintiff is asking the court to issue a permanent injunction to prevent further infringement and for an award of monetary, compensatory and enhanced damages and court costs.

    Executive Machines is represented by Steven M. Zager of Akin Gump Strauss Hauer & Feld LLP in New York, N.Y. A jury trial is requested.

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

    Case No. 6:11-cv-00312

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