Marshall Division

Aug. 31

  • Alexsam Inc. v. IDT Corp.

    Plaintiff Alexsam is a Texas corporation.

    The defendant is accused of infringing on U.S. Patent No. 6,000,608 issued Dec. 14, 1999, for Multifunction Card System; and U.S. Patent No. 6,189,787 issued Feb. 20, 2001, for Multifunctional Card System.

    In a recent trial the jury awarded Alexsam reasonable royalty damages of $9,065,476 based on infringing transactions through Dec. 31, 2010.

    The damages verdict was subsequently reduced by the Court via a judgment entered in the amount of $8,712,293; $1,418,312.40 in prejudgment interest; and as yet undetermined costs. The jury verdict was entered as Final Judgment on Aug. 18 (Case No. 2:07-cv-420).

    The plaintiff was directed to file a new lawsuit in order to determine future royalties.

    The plaintiff is represented by Timothy P. Maloney, Alison Aubry Richards, Nicole L. Little and David A. Gosse of Fitch Even Tabin & Flannery in Chicago; Steven C. Schroer of Fitch Even Tabin & Flannery in Boulder, Colo.; and Melissa Richards Smith of Gillam & Smith in Marshall.

    A jury trial is requested.

    U.S. District Judge Charles Everingham is assigned to the case.

    Case No. 2:11-cv-00362

    Sept. 1

  • Webvention v. Campbell Soup Company et al.

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

    The defendants are Campbell Soup Co., Everready Battery Co. Inc., Fluor Corp., HDR Inc., The Huffingtonpost.com Inc., Ikea North America Services, J. Crew Group Inc., J. Crew International Inc., Las Vegas Sands Corp., Mattel Inc., National Oilwell Varco Inc., Nissan North America Inc., Saks Inc., Toyota Motor Sales U.S.A. Inc., Unilever U.S. Inc., Vibrant Media Inc., Weatherford International Inc., Worthington Industries Inc. and YRC Worldwide 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 and Eric M. Albritton, Stephen E. Edwards and Debra Coleman of Albritton Law Firm in Longview.

    Case No. 2:11-cv-00383

    Sept. 2

  • Chin-Tan Huang v. Lowe's Companies Inc.

    Plaintiff is an individual residing in Taiwan.

    The defendant is accused of infringing on U.S. Patent No. 6,047,802 issued April 11, 2000, for Rachet Driving Mechanism.

    The allegedly infringing products are the Flex Racheting Screwdrivers.

    The plaintiff is seeking an award of damages, enhanced damages, attorney's fees, interest and court costs.

    Huang is represented by Timothy N. Trop of Trop, Pruner & Hu in Houston.

    A jury trial is requested.

    Case No. 2:11-cv-00384

  • Castlen Optometrics v. Essilor International, et al

    Castlen is a limited liability company organized in Frisco.

    The defendants are Essilor International S.A., Essilor of America Inc. and Essilor Laboratories of America Inc.

    The defendants are accused of infringing on U.S. Patent No. 6,451,226 issued Sept. 17, 2002, for Plastic Lens Compositions; and U.S. Patent No. 6,786,598 issued Sept. 7, 2004, for Plastic Eyeglass Lenses.

    The plaintiff is asking the court for an award of damages, treble damages, interest and attorney's fees.

    Castlen is represented by Stafford Davis of The Stafford Davis Firm in Tyler; Marc T. Rasich of Stoel Rives in Salt Lake City, Utah; and Matthew C. Phillips of Stoel Rives in Portland, Ore.

    A jury trial is requested.

    Case No. 2:11-cv-00387

    Tyler Division

    Aug. 30

  • Innovative Automation v. Memorial Hermann Healthcare System et al.

    Innovative Automation is a limited liability company with its principal place of business in California.

    The defendants are Memorial Hermann Healthcare System, Memorial Hermann Hospital System, Rimage Corp., Electric Picture Company Inc., Summation Technology and Codonics 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 the court to issue an injunction and for an award of damages, increased damages, royalties, interest, costs and attorney's fees.

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

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

    Case No. 6:11-cv-00445

    Sept. 1

  • Wi-LAN Inc. v. Apple Inc. et al

    Wi-LAN is a Canadian corporation with its principal place of business in Ottawa, Ontario.

    The defendants are Apple Inc., Alcatel-Lucent USA Inc., Dell Inc., Hewlett-Packard Co., HTC America Inc., Kyocera International Inc., Kyocera Communications Inc., Novatel Wireless Inc. and Sierra Wireless America Inc.

    The defendants are accused of infringing on U.S. Patent No. RE37,802 issued July 23, 2002, for Multicode Direct Sequence Spread Spectrum; and U.S. Patent No. 5,282,222 issued Jan. 25, 1994, for Method and Apparatus for Multiple Access Between Transceivers in Wireless Communications Using OFDM Spread Spectrum.

    The plaintiff is asking the court to issue an injunction preventing the defendants from further acts of infringement and for an award of damages, treble damages and interest.

    Wi-Lan is represented by Sam Baxter of McKool Smith in Marshall; Robert A. Cote, John F. Petrsoric and Kevin Schubert of McKool Smith in New York, N.Y.; Seth Hasenour of McKool Smith in Austin, Dirk D. Thomas of McKool Smith in Washington, D.C.

    A jury trial is requested.

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

    Case No. 6:10-cv-00068

  • ThinkOptics Inc. v. Nintendo of America Inc., et al.

    ThinkOptics is a California corporation with is principal place of business in San Jose, Calif.

    The defendants are Nintendo of America Inc., Nintendo Co. Ltd., Intec Inc., Nyko Technologies Inc., Imation Corp., DB Roth Inc., JacobsParts Inc., Wal-Mart Stores Inc., Wal-Mart Stores Texas, Sam's East Inc., Sam's West Inc., GameStop Corp., RadioShack Corp., J.C. Penney Co. Inc., Conn Appliances Inc., Terminal Reality Inc. and Gearbox Software.

    The defendants are accused of infringing on U.S. Patent No. 7,796,116 issued Sept. 14, 2010, for Electronic Equipment for Handheld Vision Based Absolute Pointing System; U.S. Patent No. 7,852,317 issued Dec. 14, 2010, for Handheld Device for Handheld Vision Based Absolute Pointing System; and U.S. Patent No. 7,864,159 issued Jan. 4 for Handheld Vision Based Absolute Pointing System.

    The plaintiff is asking the court to issue an injunction to prevent further infringement and for an award of damages for lost profits and a reasonably royalty, enhanced damages, attorney's fees and court costs.

    ThinkOptics is 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 Steven H. Slater, Natalie Swider and Adam C. Davenport of Slater & Matsil in Dallas.

    A jury trial is requested.

    Case No. 6:11-cv-00455

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