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SOUTHEAST TEXAS RECORD

Saturday, November 2, 2024

Recent patent infringement cases filed in the Eastern District of Texas

Marshall Division

Nov. 16

  • Lumetique Inc. v. The Proctor & Gamble Co.

    Lumetique Inc. is a California corporation that develops and sells home fragrance products under the DayNa Decker brand name.

    The defendant is accused of infringing on U.S. Patent D644,360; D644,359; and D643,554 relating to wood wick technology.

    Lumetique alleges Procter & Gamble's Febreeze Wood Wick Candles are infringing its patents.

    The plaintiff is asking the court for an injunction to prevent further infringement and for an award of damages, including lost profits, a reasonable royalty, treble damages for willful infringement, attorney's fees, punitive damages and interest.

    A jury trial is requested.

    Lumetique is represented by Steven J. Mitby and Amir Alavi of Ahmad, Zavitsanos & Anaipakos PC in Houston.

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

    Case No. 2:11-cv-00477

  • Lochner Technologies v. Barnes & Noble Inc.

    Plaintiff Lochner is a California limited liability company.

    The defendant is 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 and for an award of damages, costs, expenses, interest, enhanced damages and attorney's fees.

    A jury trial is requested.

    Lochner is represented by Bruce D. Kuyper, Marc A. Fenster, Adam Hoffman and Fredricka Ung of Russ August & Kabat in Los Angeles, Calif.

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

    Case No. 2:11-cv-00479

    Nov. 17

  • Webvention v. Beazer Homes USA Inc. et al
  • Webvention v. DirectTV Inc.
  • Webvention v. Entertainment Earth Inc.
  • Webvention v. Ernst & Young LLP
  • Webvention v. Giorgio Armani Corp.
  • Webvention v. Landstar System Inc. et al
  • Webvention v. Source Interlink Companies Inc. et al
  • Webvention v. Sur La Table Inc.
  • Webvention v. Time Warner Inc.
  • Webvention v. Universal Forest Products Inc.
  • Webvention v. Vitacost.com Inc.
  • Webvention v. Acer America Corp. et al
  • Webvention v. GNC Holdings Inc. et al

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

    The defendants Beazer Homes USA Inc., Beazer Homes Texas, Beazer General Services Inc., DirectTV Inc., Entertainment Earth Inc., Ernst & Young LLP, Giorgio Armani Corp., Landstar System Inc., Landstar System, Inc., Source Interlink Companies Inc., Source Interlink Media, Sur La Table Inc., Time Warner Inc., Universal Forest Products Inc., Vitacost.com Inc., Acer America Corp., Acer Inc., GNC Holdings Inc. and General Nutrition Investment Co.

    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 Nos. 2:11-cv-00480; 2:11-cv-00482; 2:11-cv-00483; 2:11-cv-00484; 2:11-cv-00486; 2:11-cv-00487; 2:11-cv-00488; 2:11-cv-00489; 2:11-cv-00490; 2:11-cv-00491; 2:11-cv-00492; 2:11-cv-00493; 2:11-cv-00494

    Sherman Division

    Nov. 14

  • Safety Tubs Co. v. Jacuzzi Inc.

    Safety Tubs is a Delaware limited liability company with a principal place of business in Grand Prairie, Texas.

    The defendant is accused of infringing on U.S. Patent No. 7,788,783 issued Sept. 7, 2010, for Method of Manufacturing Walk-In Tubs and U.S. Patent No. 7,299,509 issued Nov. 27, 2007, for Side Door for Walk-In Tub.

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

    Safety Tubs is represented by Brian C. McCormack and Jay F. Utley of Baker & McKenzie in Dallas; and Darren H. Goldstein and Lynda L. Calderone of Flaster/Greenberg P.C. in Cherry Hill, N.J.

    A jury trial is requested.

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

    Case No. 4:11-cv-00744

    Tyler Division

    Nov. 14

  • Advanced Data Access v. Fujitsu Limited et al
  • Advanced Data Access v. Analog Devices Inc.

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

    The defendants are Fujitsu Ltd., Fujitsu Semiconductor Ltd., Fujitsui Semiconductor America Inc. and Semiconductor America Inc.

    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.

    A jury trial is requested.

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

    Case No. 6:11-cv-00614; 6:11-cv-00615

  • Tendler Cellular of Texas v. MetroPCS Communications Inc. et al.

    Tendler Cellular is a limited liability company with a place of business in Longview.

    The defendants are MetroPCS Communications Inc., MetroPCS Wireless Inc., Mercedes-Benz USA and Ford Motor Co.

    The defendants are accused of infringing on U.S. Patent No. 8,060,117 issued on Nov. 15, 2011, for Location Based Information System.

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

    The plaintiff is represented by Jonathan T. Suder and David A. Skeels of Friedman, Suder & Cooke in Fort Worth.

    A jury trial is requested.

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

    Case No. 6:11-cv-00619

    Nov. 15

  • Pragmatus Telecom v. Neiman Marcus Group Inc. et al

    Plaintiff Pragmatus is a Delaware corporation with its principal place of business located in Alexandria, Va.

    The defendants are The Neiman-Marcus Group Inc. d/b/a Neiman Marcus, Cheaper Than Dirt Inc., Team Express Distributing d/b/a Team Express, 1-800-Flowers.com Inc., Newsom Designs d/b/a Wisteria, Kmart Corporation, Marriott International Inc., ICON Health & Fitness Inc. d/b/a NordicTrack Inc., PETCO Animal Supply, Capital One Financial Corporation d/b/a Capital One Auto Finance and Bank of America Corporation d/b/a Bank of America Home Loans.

    The defendants are accused of infringing on:

  • U.S. Patent No. 6,311,231 issued on Oct. 30, 2001, for Method and System for Coordinating Data and Voice Communications via Customer Contact Channel Changing System Using Voice Over IP;
  • U.S. Patent No. 6,668,286 issued Dec. 23, 2003, for Method and System for Coordinating Data and Voice Communications via Customer Contract Channel Changing System Using Voice Over IP; and
  • U.S. Patent No. 7,159,043 issued Jan. 2, 2007, for Method and System for Coordinating Data and Voice Communications via Customer Contract Channel Changing System.

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

    The plaintiff is represented by Andrew G. DiNovo, Adam G. Price, Chester J. Shiu of DiNovo Price Ellwanger & Hardy LLP in Austin.

    A jury trial is requested.

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

    Case No. 6:11-cv-00620

  • Advanced Data Access v Toshiba Corp. et al.

    The defendants are Toshiba Semiconductor Co. and Toshiba Corp.

    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.

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

    Case No. 6:11-cv-00621

  • ROY-G-BIV Corp. v. ABB Ltd. et al
  • ROY-G-BIV Corp. v. Honeywell International Inc. et al
  • ROY-G-BIV Corp. v. Siemens Corp. et al

    Plaintiff ROY-G-BIV is a Washington corporation.

    The defendants are ABB Ltd., ABB Inc., Meadwestvaco Texas LP, Meadwestvaco Corp., Honeywell International Inc., Motiva Enterprises, Siemens Corp. and Siemens AG.

    The defendants are accused of infringing on U.S. Patent No. 6,513,058 issued Jan. 18, 2003, for Distribution of Motion Control Commands Over a Network; and U.S. Patent No. 6,516,236 issued Feb. 4, 2003, for Motion Control Systems.

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

    ROY-G-BIV is represented by Adam Q. Voyles and Lance Lubel of Lubel Voyles in Houston, Kip Glasscock of Kip Glasscock P.C. in Beaumont and Russell A. Chorush of Heim, Payne & Chorush in Houston.

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

    Case Nos. 6:11-cv-00622; 6:11-cv-00623; 6:11-cv-00624

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