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SOUTHEAST TEXAS RECORD

Saturday, November 2, 2024

Recent patent infringement cases filed in the Eastern District of Texas

Marshall Division

Dec. 5

  • Clare et al. v. Chrysler Group LLC

    The plaintiffs are Scott Clare, Innovative Truck Storage Inc. and Neil Long.

    Chrysler is accused of infringing on:

  • U.S. Patent No. 5,567,000 issued Oct. 22, 1996, for Hidden Storage/Utility System;
  • U.S. Patent No. 6,499,795 issue Dec. 31, 2002, for Vehicle with Storage/Utility System; and
  • U.S. Patent No. 7,104,583 issued Sept. 12, 2006, for Vehicle with Storage/Utility System.

    According to the lawsuit, Chrysler's Dodge RamBox Cargo Maintenance System is infringing on the plaintiffs' side panel storage system.

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

    The plaintiffs are represented by Michael J. Smith of F & B in Austin.

    A jury trial is requested.

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

    Case No. 2:11-cv-00503

    Tyler Division

    Dec. 8

  • PersonalWeb Technologies LLC v. NEC Corp. of America Inc.
  • PersonalWeb Technologies LLC v. Google Inc. et al
  • PersonalWeb Technologies LLC v. NetApp Inc.
  • PersonalWeb Technologies LLC v. Amazon Web Services LLC et al.
  • PersonalWeb Technologies LLC v. Caringo Inc.
  • PersonalWeb Technologies LLC v. EMC Corp. et al.

    PersonalWeb Technologies LLC is a limited liability company organized under the laws of Texas with its principal place of business in Tyler.

    The defendants are NEC Corp. of America Inc., Google Inc., YouTube, NetApp Inc., Amazon Web Services, Amazon Web Services, Dropbox Inc., Caringo Inc., EMC Corp. and VMware Inc.

    The defendants are accused of infringing on the following patents:

  • U.S. Patent No. 5,978,791 issued Nov. 2, 1999, for Data Processing System Using Substantially Unique Identifiers to Identify Data Items, Whereby Data Items Have the Same Identifiers;
  • U.S. Patent No. 6,415,280 issued July 2, 2002, for Identifying and Requesting Data in Network Using Identifiers Which Are Based On Contents of Data;
  • U.S. Patent No. 6,928,442 issued Aug. 9, 2005, for Enforcement and Policing of Licensed Content Using Content-based Identifiers;
  • U.S. Patent No. 7,802,310 issued Sept. 21, 2010, for Controlling Access to Data in a Data Processing System;
  • U.S. Patent No. 7,945,539 issued May 17, 2011, for Distributing and Accessing Data in a Data Processing System;
  • U.S. Patent No. 7,945,544 issued May 17, 2011, for Similarity-Based Access Control of Data in a Data Processing System;
  • U.S. Patent No. 7,949,662 issued May 24, 2011, for De-duplication of Data in a Data Processing System; and
  • U.S. Patent No. 8,001,096 issued Aug. 16, 2011, for Computer File System Using Content-Dependent File Identifiers.

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

    Personal Web is represented by Sam Baxter of McKool Smith P.C. in Marshall, Theodore Stevenson III and David Sochia of McKool Smith P.C. in Dallas, Steve Pollinger of McKool Smith P.C. in Austin, and Roderick G. Dorman and Lawrence M. Hadley of McKool Smith in Los Angeles, Calif.

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

    Case Nos. 6:11-cv-00655; 6:11-cv-00656; 6:11-cv-00657; 6:11-cv-00658; 6:11-cv-00659; 6:11-cv-00660

  • DBG Group Investments and Vollara v. Johnston et al

    DBG and Vollara are Texas limited liability companies.

    The defendants are Allen Johnston, GreenTech Environmental, David Blackwell, Judy Renner, Gary Endres, Doug Hoffman, John Hammond, Joseph Mercola and Mercola Health Resources.

    The defendants are accused of infringing on U.S. Patent No. 7,166,259 issued Jan. 23, 2007, for Air Purifier With Control Sensors and U.S. Patent No. D570,464 issued June 3, 2008, for Air and Surface Purifying Device.

    The defendants are also accused of infringing on plaintiffs' confidential information which is licensed and includes additional trade secrets, confidential business information, and know-how.

    In addition to patent infringement, the defendants are accused of conspiring to misappropriate the plaintiffs' intellectual property, false advertising, breach of contract, tortious interference with contract, misappropriation of trade secrets, violation of Texas Theft Liability Act, common law misappropriation, false and misleading advertising in violation of the Lanham Act, common law false and misleading advertising, civil conspiracy, tortious interference with prospective relations and common law unfair competition.

    The plaintiffs are asking for injunctive relief, disgorgement of defendants' profits, and an award of actual damages, lost profits, royalty, treble damages, exemplary damages, statutory damages, attorney's fees, court costs and interest.

    The plaintiffs are represented by Casey L. Griffith, Darin M. Klemchuk, Kelsey M. Weir and Kirby B. Drake of Klemchuck Kubasta in Dallas; and Robert Christopher Bunt of Parker, Bunt & Ainsworth P.C. in Tyler.

    A jury trial is requested.

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

    Case No. 6:11-cv-00662

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