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SOUTHEAST TEXAS RECORD

Wednesday, April 24, 2024

Recent patent infringement/false patent marking cases filed in the Eastern District of Texas

PATENT INFRINGEMENT CASES

Beaumont Division

Sept. 6

  • Inductive Design Inc. v. Broadcom Corp. et al.

    Plaintiff Inductive Design is a Delaware corporation.

    The defendants are Broadcom Corp., Qualcomm Inc., CSR PLC, Cambridge Silicon Radio International, RF Micro Devices Inc., Hewlett-Packard Co., Dell Inc., Buffalo Technology (USA) Inc., Tivo Inc., Sychip Inc. d/b/a Murata Wireless Solutions and Research in Motion Corp.

    The defendants are accused of infringing on:

  • U.S. Patent No. 6,395,637 issued May 28, 2002, for Method for Fabricating an Inductor of Law Parasitic Resistance and Capacitance;
  • U.S. Patent No. 6,346,861 issued Feb. 12, 2002, for Phase Locked Loop with High-Speed Locking Characteristic; and
  • U.S. Patent No. 6,661,325 issued Dec. 9, 2003, for Spiral Inductor Having Parallel-Branch Structure.

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

    Inductive Design is represented by Matthew J.M. Prebeg, Stephen W. Abbot and Christopher M. Faucett of Clearman Prebeg in Houston.

    A jury trial is requested.

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

    Case No. 1:11-cv-00421

    Sept. 8

  • E-Contact Technologies v. Apple Inc. et al

    Plaintiff E-Contact is a Texas limited liability company.

    The defendants are Apple Inc., AT&T Inc., CSC Holdings Inc., CenturyLink Inc., Charter Communications Inc., Comcast International Media, Cox Communications Inc., Dell Inc., Earthlink Inc., Google Inc., Hostgater.com, IAC Search & Media Inc., Microsoft Corp., Motorola Mobility Inc., Nokia Inc., Opera Software ASA, Qualcomm Incorp., Rackspace US Inc., RCN Telecomm Services, Samsung Electronics America Inc., Toshiba America Information Systems Inc., Verizon Communications Inc., Virgin Media Inc., Yahoo! Inc. and 1&1 Mail & Media Inc.

    The defendants are accused of infringing on U.S. Patent No. 5,347,579 issued Sept. 13, 1994, for Personal Computer Diary.

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

    E-Contact is represented by Zachariah S. Harrington, Matthew J. Antonelli and Larry D. Thompson Jr. of Antonelli Harrington & Thompson in Houston. A jury trial is requested.

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

    Case No. 1:11-cv-00426

    Marshall Division

    Sept. 7

  • Stutts v. Rapid Cool Misting System

    Plaintiff Tommy Stutts is an individual resident of Henderson County.

    The defendant is accused of infringing on U.S. Patent No. 6,789,787 issued Sept. 14, 2004 for Portable, Evaporative Cooling Unit Having a Self-Contained Water Supply.

    Stutts is asking the court to issue an injunction and for an award of damages in no less than a reasonably royalty, plus enhanced damages, attorney's fees, expenses and interest.

    The plaintiff is represented by Stafford Davis of The Stafford Law Firm in Tyler and D. Neil Smith, Derek Gilliland and John Hull of Nix Patterson & Roach in Daingerfield.

    A jury trial is requested.

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

    Case No. 2:11-cv-00389

    Sept. 7

  • Negotiated Data Solutions Inc. v. Apple Inc. et al.

    Plaintiff Negotiated Data Solutions Inc. is a Texas corporation with its principal place of business in Marshall.

    The defendants are Apple Inc., Samsung Electronics Co. Ltd., Samsung Electronics America Inc., Samsung Telecommunications America, HTC Corp., HTC America Inc., Motorola Mobility Inc., Nokia Corp., Nokia Inc., Research Motion Ltd. and Research in Motion Corp.

    The defendants are accused of infringing on:

  • U.S. Patent No. 5,361,261 issued Nov. 1, 1994, for Frame-Based Transmission of Data;
  • U.S. Patent No. 5,533,018 issued July 2, 1996, for Multi-Protocol Packet Framing Over a Isochronous Network;
  • U.S. Patent No. 5,566,169 issued Oct.15, 1996, for Data Communication Network with Transfer Port, Cascade Port and/or Frame Synchronizing Signal; and
  • U.S. Patent No. 5,594,734 issued Jan. 14, 1997, for Asynchronous Processor Access to Switch Table in a Network with Isochronous Capability.

    Negotiated Data Solutions is asking the court to issue an injunction to prevent further infringement and for an award of damages, enhanced damages, interest and attorney's fees.

    The plaintiff is represented by Theodore Stevenson III, David Sochia and Eric Hansen of McKool Smith in Dallas and Sam Baxter of McKool Smith in Marshall.

    A jury trial is requested.

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

    Case No. 2:11-cv-00390

  • Solid State Storage Solutions Inc. v. STEC Inc. et al

    Plaintiff Solid State Storage Solutions is a Texas corporation with its principal place of business in Marshall.

    The defendants are Stec Inc., OCZ Technology Group Inc., Corsair Memory, Texas Memory Systems, PNY Technologies Inc., Patriot Memory, Fusion-IO Inc., Other World Computing Inc. and Mushkin Inc.

    The defendants are accused of infringing on:
  • U.S. Patent No. 6,701,471 issued March 2, 2004, U.S. Patent No. 7,234,087 issued June 19, 2007, and U.S. Patent No. 7,721,165 issued May 10, 2010 for External Storage Device and Memory Access Control Method Thereof;
  • U.S. Patent No. 7,355,016 issued April 29, 2008, U.S. Patent No. 6,370,059 issued April 9, 2002, and U.S. Patent No. 7,746,697 issued June 29, 2010, for Nonvolatile Semiconductor Memory;
  • U.S. Patent No. 7,616,485 issued Nov. 10, 2009 for Semiconductor Memory Device Having Faulty Cells; and
  • U.S. Patent No. 6,341,085 issued Jan. 22, 2002, U.S. Patent No. 6,567,334 issued May 20, 2003, U.S. Patent No. 6,347,051 issued Feb. 12, 2002, and U.S. Patent No. 7,327,624 issued Feb. 5, 2008, for Storage Device Employing a Flash Memory.

    Solid State Storage Solutions is asking the court to issue an injunction to prevent further infringement and for an award of actual damages, enhanced damages, interest, attorney's fees and court costs.

    The plaintiff is represented by Theodore Stevenson III, David Sochia and Eric Hansen of McKool Smith in Dallas and Sam Baxter of McKool Smith in Marshall.

    A jury trial is requested.

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

    Case No. 2:11-cv-00391

  • Droplets Inc. v. Amazon.com Inc., et al

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

    The defendants are Amazon.com Inc., Apple Inc., Google Inc., Facebook Inc., Yahoo! Inc. and Youtube.

    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.

    Droplets is asking the court to issue an injunction to prevent further infringement and for an award of damages, compulsory future royalty, court costs, interest and attorney's fees.

    The plaintiff is represented by Theodore Stevenson III of McKool Smith in Dallas, Sam F. Baxter of McKool Smith in Marshall, Josh W. Budwin of McKool Smith in Austin, Brandon M. Jordan of McKool Smith in Washington, D.C., and James A. Holmes of The Law Office of James Holmes in Henderson.

    A jury trial is requested.

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

    Case No. 2:11-cv-00392

    Sept. 8

  • Hopewell Culture & Design v. Archos SA et al

    Plaintiff Hopewell Culture is a limited liability company with its principal place of business in Plano.

    The defendants are Archos SA, Archos Inc., Asustek Computer Inc., Asus Computer International, Dell Inc., Microstar International Co. Ltd., MSI Computer Corp., Research in Motion Ltd., Research in Motion Corp., Sony Ericsson Mobile Communications (USA) Inc., T-Mobile USA Inc. and Toshiba America Inc.

    The defendant is accused of infringing on U.S. Patent No. 7,171,625 issued Jan. 30, 2007, for Double-Clicking a Point-and-Click Interface Apparatus to Enable a New Interaction with Content Represented by a Visual Display Element.

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

    Hopewell Culture & Design is represented by Hao Ni and Stevenson Moore of Ni Law Firm in Dallas.

    A jury trial is requested.

    Case No. 2:11-cv-00394

  • Lochner Technologies v. Apple Inc. et al

    Plaintiff Lochner is a California limited liability company with its principal place of business in Tyler.

    The defendants are Apple Inc., Cisco Systems Inc., Research in Motion Corp., Acer America Corp., Samsung Electronics America Inc., Motorola Mobility Inc., HTC America Inc., LG Electronics USA Inc., Google Inc., Nokia Inc., Sony Ericsson Mobile Communications (USA) Inc., Vizio Inc., Panasonic Corp. of North America, Sony Electronics Inc., Roku Inc., NEC Corp. of America, ASUS Computer International, Toshiba America Inc., Casio America Inc., ViewSonic Corp., Unisys Corp. and Amazon.com Inc.

    The defendants are accused of infringing on U.S. Patent No. 7,035,598 issued April 25, 2006, for Modular Computer System.

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

    Lochner is represented by Marc A. Fenster, Bruce D. Kuyper and Adam Hoffman of Ross August & Kabat in Los Angeles, Calif. A jury trial is requested.

    Case No. 2:11-cv-00395

    Tyler Division

    Sept. 6

  • Stambler v. American Eagle Outfitters Inc. et al.

    Plaintiff Leon Stambler is an individual residing in Parkland, Fla.

    The defendants are American Eagle Outfitters Inc., AE Direct Co., AT&T Mobility f/k/a Cingular Wireless, AT&T Services Inc., Charter Communications Inc., Charter Communications Holding Co., Charter Communications Operating, The Container Store Inc., Euromarket Designs Inc. d/b/a Crate and Barrel and CB2, Meadowbrook d/b/a The Land of Nod, Fossil Inc., Fossil Partners, Radioshack Corp., Radioshack.com, Sprint Nextel Corp., Sprint/United Management Co., Sprint Communications Co., Urban Outfitters Inc., Walgreen Co., Williams-Sonoma Inc., Zale Corp., and Zale Delaware Inc.

    The defendants are accused of infringing on:

  • U.S. Patent No. 5,793,302 issued Aug. 11, 1998;
  • U.S. Patent No. 5,974,148 issued Oct. 26, 1999; and
  • U.S. Patent No. 5,936,541 issued Aug. 10, 1999, for Method for Securing Information Relevant to a Transaction.

    The plaintiff is asking the court for an award of damages not less than a reasonable royalty, plus interest, treble damages, attorney's fees and court costs.

    Stambler is represented by Brent N. Bumgardner, Edward R. Nelson III, Christie B. Lindsey and Ryan P. Griffin of Nelson Bumgardner Casto P.C. in Fort Worth; Eric M. Albritton of Albritton Law Firm in Longview; T. John Ward Jr. of Ward & Smith Law Firm in Longview and Frisco attorney Ronald A. Dubner.

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

    Case No. 6:11-cv-00460

    Sept. 7

  • Unified Messaging Solutions v. Google Inc. et al

    Unified Messaging Solutions is a limited liability company with principal places of business located in Frisco and Newport Beach, Calif.

    The defendants are Google Inc., American Airlines Inc., AOL Inc., AT&T Inc., AT&T Services Inc., AT&T Mobility LLC f/k/a Cingular Wireless LLC, Citigroup Inc., Citibank NA, Conn's Inc., Conn Appliances Inc., Dell Inc., Ebay Inc., Sabre Holdings Corp., Travelocity.com, Time Warner Cable Inc., Twitter Inc. and Yahoo! Inc.

    The defendants are accused of infringing on:

  • U.S. Patent No. 6,857,074;
  • U.S. Patent No. 7,895,306;
  • U.S. Patent No. 7,895,313;
  • U.S. Patent No. 7,934,148; and
  • U.S. Patent No. 7,836,141 for Systems and Methods for Storing, Delivering and Managing Messages.

    The plaintiff is asking for an award of damages, costs, royalties and interest.

    Unified Messaging Solutions is represented by Edward R. Nelson III, Brent N. Bumgardner, Christie B. Lindsey and Thomas C. Cecil of Nelson Bumgardner Castro in Fort Worth; T. John Ward Jr. and J. Wesley Hill of Ward & Smith Law Firm in Longview; and Eric M. Albritton of Albritton Law Firm in Longview.

    A jury trial is requested.

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

    Case No. 6:11-cv-00464

    Sept. 8

  • E-Micro Corp. v. Google Inc. et al.

    According to the complaint, plaintiff E-Micro is a small Texas-based intellectual property development and licensing company founded in 1998 by its President Frank J. Gangi, who is the inventor of the patents at issue in this action.

    The defendants are Google Inc., Samsung Electronics Co. Ltd., Samsung Electronics America Inc., Samsung Telecommunications America LLC, Sprint Nextel Corp., Sprint Spectrum LP, Nextel Operations Inc., Sprint Solutions Inc., Amazon.com Inc., Best Buy Co. Inc. and BBY Solutions Inc.

    The defendant is accused of infringing on:

  • U.S. Patent No. 7,349,885 issued March 25, 2008, for Wallet Consolidator and Related Methods of Processing a Transaction Using a Wallet Consolidator;
  • U.S. Patent No. 7,708,198 issued May 4, 2010, Wallet Consolidator to Facilitate a Transaction; and
  • U.S. Patent No. 7,712,658 issued May 11, 2010, for Wallet Consolidator and Related Methods of Processing a Transaction Using a Wallet Consolidator.

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

    E-Micro Corp. is represented by Edward Chin, D. Neil Smith, 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 R. Benjamin King of Nix Patterson & Roach in Texarkana.

    A jury trial is requested.

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

    Case No. 6:11-cv-00465

  • Rick Meritt Investments, Ltd. v. All Seasons Feeders, Ltd et al

    Plaintiff Rick Meritt Investments Ltd., doing business as Outback Wildlife Feeders, is a Texas limited partnership that maintains its principal place of business Gilmer.

    The defendants are All Seasons Feeders Ltd., Atascosa Wildlife Supply Inc. and Feeder Max.

    The defendants are accused of infringing on infringement of:

  • U.S. Patent No. 7.370,605 issued May 13, 2008 for Animal Feeding Apparatus;
  • U.S. Patent No. D599,503S issued on Sept. 1, 2009; and
  • U.S. Patent No. D629,975S issued Dec.28, 2010, for Feeding Tube.

    Rick Meritt is asking the court for an injunction to prevent further infringement and for an award of damages, enhanced damages, attorney's fees, expenses and interest.

    The plaintiff is represented by Derek Gilliland of Nick Patterson & Roach in Daingerfield; Ben King of Nix Patterson & Roach in Texarkana; and Anthony Bruster, D. Neil Smith and Edward Chin of Nix Patterson & Roach in Irving.

    A jury trial is requested.

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

    Case No. 6:11-cv-00466

  • ICH Intellectual Capital Holdings Inc. v. Badger Meter Inc. et al

    ICH Intellectual Capital Holdings Inc. is a Texas corporation with a principal place of business in Frisco.

    The defendants are Badger Meter Inc., Mueller Water Products Inc., Transparent Technologies Inc., Metron-Farnier, Tantalus Systems Corp., Tantalus Systems Inc., ESCO Technologies Inc., Aclara Power-Line Systems Inc., Landis+Gyr Inc., Tropos Networks Inc. and the City of Winnsboro, Texas.

    The defendants are accused of infringing on U.S. Patent No.7,248,181 issued July 24, 2007, for Automated Meter Reading System.

    ICH Intellectual Capital is asking the court for an injunction to stop further infringement and for an award of damages, enhanced damages, attorney's fees, interest and court costs.

    The plaintiff is represented by Anthony Bruster, Edward Chin, Nicole Reed Kliewer and Andrew Wright of Nix Patterson & Roach in Irving; and Derek Gilliland, Brad Seidel and John Hull of Nix Patterson & Roach in Daingerfield.

    A jury trial is requested.

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

    Case No. 6:11-cv-00468

  • DataTreasury Corp. v. Austin Bancorp Inc. et al

    DataTreasury Corp. is a Delaware corporation that maintains its principal place of business in Plano.

    The defendants are Austin Bancorp Inc., Austin Bank Texas, BOK Financial Corp., Bank of Texas, Bank of the Ozarks, Cathay General Bancorp., Cathay Bank, Community Trust Financial Corp., Community Trust Bank of Texas, Coppermark Bancshares Inc., Coppermark Bank, Fifth Third Bankcorp, Fifth Third Bank, First Financial Bankshares Inc., First Financial Bank, First National of Nebraska Inc., First National Bank of Omaha, First National Bank Southwest, Durant Bancorp Inc., First United Bank and Trust Company d/b/a First United Bank, First United Bank, Inwood Bankshares Inc., Inwood National Bank, Marquette Financial Companies, Meridian Bank Texas, Metrocorp Bankshares Inc., MetroBank NA, North Dallas Bank and Trust Co., PlainsCapital Corp., PlainsCapital Bank, Texas Capital Bankshares Inc., Texas Capital Bank NA, The ANB Corp., The American National Bank of Texas, Central Bankcorp Inc., United Central Bank, Woodforest Financial Group Inc. and Woodforest National Bank.

    The defendants are accused of infringing on U.S. Patent No. U.S. 5,910,988 issued June 8, 1999, and U.S. Patent No. 6,032,137 issued Feb. 29, 2000, for an invention in remote image capture with centralized processing and storage.

    DataTreasury is asking the court to issue an injunction to stop further infringement and for an award of damages, enhanced damages, attorney's fees, interest and court costs.

    The plaintiffs are represented by Nelson J. Roach and Derek Gilliland of Nix Patterson & Roach in Daingerfield; C. Cary Patterson, Brady Paddock and R. Benjamin King in Texarkana; and Anthony Bruster, Rod Cooper, Edward Chin, Nicole Reed Kliewer and Andrew Wright of Nix Patterson & Roach in Irving.

    A jury trial is requested.

    Case No. 6:11-cv-00470

  • Powerline Innovations v. Actiontec Electronic Inc. et al

    Plaintiff Powerline Innovations is a limited liability company with a principal place of business in Plano.

    The defendants are Actiontec Electronics Inc., Asustek Computer Inc., Asus Computer International, Logitech International SA, Logitech Inc., Motorola Mobility Holdings Inc., Motorola Mobility Inc., Best Buy Co. Inc., Best Buy Stores, Bestbuy.com, BBY Solutions Inc., Panasonic Corp., Panasonic Corp. of North America, Western Digital Corp. and Western Digital Technologies Inc.

    The defendant is accused of infringing on U.S. Patent No. 5,471,190 issued Nov. 28, 1995, for Method and Apparatus for Resource Allocation in a Communication Network System.

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

    Powerline Innovations is represented by Hao Ni and Stevenson Moore of Ni Law Firm in Dallas.

    A jury trial is requested.

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

    Case No. 6:11-cv-00472

  • Advanced Data Access v. Nanya Technology Corp. et al

    Plaintiff Advanced Data Access is a limited liability company with a principal place of business in Frisco.

    The defendants are Nanya Technology Corp., Nanya Technology Corp. USA, Promos Technologies Inc., Powerchip Technology Corp., Micron Technology Inc., Micron Technology Texas, Freescale Semiconductor Inc., Panasonic Corp., Panasonic Corp. of North America, Winbond Electronics Corp. and Winbond Electronics Corp. of America.

    The defendants are accused of infringing on U.S. Patent No. 5,781,497 issued July 14, 1998, for Random Access Memory Word Line Select Circuit Having Rapid Dynamic Deselect.

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

    Advanced Data Access is represented by Jonathan T. Suder and David A. Skeels of Friedman, Suder & Cooke in Fort Worth.

    A jury trial is requested.

    Case No. 6:11-cv-00473

    FALSE PATENT MARKING CASES

    Tyler Division

    Sept. 6

  • Plaintiff: GHJ Holdings
    Plaintiff's Attorney: Randall Garteiser, Christopher Johns; Garteiser Law Group, San Rafael, Calif.

  • Defendant: Island Oasis Frozen Cocktail Company Inc.
    Patents In Suit: U.S. Patent No. 4,681,030
    Patent Expiration Date: February 20, 2006
    Defendant's Falsely Marked Product: Island Oasis Blender/Shavers
    Case No. 6:11-cv-00456

  • Defendant: Valterra Products Inc.
    Patents In Suit: U.S. Patent No. 4,660,860; U.S. Patent No. 4,688,833; U.S. Patent No. 4,722,556; U.S. Patent No. 4,708,370; and U.S. Patent No. 4,758,027
    Patent Expiration Date: '806 patent expired Nov. 14, 2005; '833 patent expired Aug. 25, 1987; '556 patent expired Feb. 2, 1988; '370 patent expired Nov. 24, 1987; and '027 patent expired July 19, 1988
    Defendant's Falsely Marked Product: EZ Coupler & Dominator sewer systems, EZ Coupler and Dominator Drain Hose Fittings and Kits
    Case No. 6:11-cv-00457

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