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SOUTHEAST TEXAS RECORD

Wednesday, April 24, 2024

Recent patent infringement cases filed in the Eastern District of Texas

Marshall Division

April 9

  • TQP Development v. Sony Computer Entertainment America Case No. 2:12-cv-00195
  • TQP Development v. Virgin Mobile USA Case No. 2:12-cv-00196
  • TQP Development v. Consumer Cellular Inc. Case No. 2:12-cv-00198
  • TQP Development v. Fiserv Inc. Case No. 2:12-cv-00199
  • TQP Development v. HomeAway Inc. et al Case No. 2:12-cv-00200
  • TQP Development v. Skype Inc. Case No. 2:12-cv-00201
    April 10
  • TQP Development v IAN.com et al 2:12-cv-00203

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

    The defendants are Sony Computer Entertainment America, Virgin Mobile USA, Fiserv Inc., HomeAway, Inc., Homeaway.com Inc., Skype Inc., IAN.com, and Expedia Inc.

    TQP Development accuses the defendants of infringing on U.S. Patent No. 5,412,730 issued May 2, 1995, for Encrypted Data Transmission System Employing Means for Randomly Altering the Encryption Keys.

    The defendants are accused of willful infringement of the '730 patent.

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

    TQP Development is represented by Marc A. Fenster, Alex C. Giza, Adam S. Hoffman and Kevin Burke of Russ, August & Kabat in Los Angeles, Calif.; Hao Ni of Ni Law Firm in Dallas; and Andrew Spangler of Spangler & Fussell P.C. in Longview.

    Jury trials are requested.

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

    April 10

  • Luv n'care Ltd. v. HEB Grocery Corp. et al

    Luv n' care is a corporation having a principal place of business in Monroe, La.

    The defendants are HEB Grocery Company LP, HEBCO GP LLP, doing business as H-E-B, Royal King Infant Products Co. Ltd. and Munchkin Inc.

    The defendants are accused of infringing on U.S. Patent No. D634,439 S issued March 15, 2011, for Drinking Cup Top.

    In addition to infringement, the defendants are accused of trade dress infringement and unfair competition under the Lanham Act, for unfair competition, trade dress infringement under Texas common law, and violation of the Texas Business and Commerce Code.

    The plaintiff is asking the court for an injunction to prevent further infringement and for an award of lost sales, lost profits and damage to its reputation and good will, and/or disgorgement of defendants' revenues and profits, treble damages, punitive damages, interest and court costs.

    Luv n'care is represented by Morris E. Cohen and Lee A. Goldberg of Goldberg Cohen in New York and Monroe, Louisiana attorney Joe D. Guerriero.

    A jury trial is requested.

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

    Case No. 2:11-cv-00512

    April 13

  • Allergan Inc. v. Sandoz Inc. et al

    Allergan is a corporation organized and existing under the laws of the state of
    Delaware, with a principal place of business in Irvine, Calif.

    The defendants are Sandoz Inc., Alcon Research Ltd., Alcon Laboratories Inc., Falcon Pharmaceuticals Ltd., Apotex Inc., Apotex Corp. and Watson Laboratories Inc.

    The defendants are accused of infringing on U.S. Patent No. 8,133,890 issued March 13, 2012, for Combination of Brimonidine and Timolol for Topical Ophthalmic Use.

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

    Allergan is represented by Gregory P. Love and Todd Y. Brandt of Stevens Love in Longview; Juanita Brooks of Fish & Richardson P.C. in San Diego, Calif.; Jonathan E. Singer and Deanna J. Reichel of Fish & Richardson P.C. in Minneapolis, Minn.; and W. Chad Shear and Susan M. Coletti of Fish & Richardson P.C. in Wilmington, Del.

    Case No. 2:12-cv-00207

    Tyler Division

    April 11

  • EMG Technology v. Chrysler Group

    EMG is a California limited liability company organized with its principal place of business in Los Angeles, Calif.

    The defendant is accused of infringing on U.S. Patent No. 7,441,196 issued on Oct. 21, 2008, for Apparatus and Method of Manipulating a Region on a Wireless Device for Viewing, Zooming and Scrolling Internet Content.

    EMG is asking the court to issue an injunction to prevent further infringement and for an award of damages, including royalty or lost profits, enhanced damages, interest, attorney's fees and court costs.

    The plaintiff is represented by Charles Ainsworth and Robert Christopher Bunt of Parker, Bunt & Ainsworth in Tyler and Stanley Gibson and Gregory S. Cordey of Jeffer Mangels Butler Mitchell of Los Angeles, Calif.

    A jury trial is requested.

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

    Case No. 6:12-cv-00259

  • Touchscreen Gestures v. Samsung Electronics Co. Ltd et al Case No. 6:12-cv-00260
  • Touchscreen Gestures v. HTC Corp. Case No. 6:12-cv-00261
  • Touchscreen Gestures v. Apple Inc. Case No. 6:12-cv-00262
  • Touchscreen Gestures v. Research in Motion Limited et al Case No. 6:12-cv-00263

    Touchscreen Gestures is a Texas limited liability company.

    The defendants are Samsung Electronics Co. Ltd., Samsung Electronics America Inc., Samsung Telecommunications America LLC, HTC Corp., HTC America Inc., Apple Inc., Research In Motion Limited and Research In Motion Corp.

    The defendants are accused of infringing on U.S. Patent No. 7,184,031 issued Feb. 27, 2003, for Method and Controller for Identifying a Drag Gesture; U.S. Patent No. 7,180,506 issued Feb. 20, 2007, for Method for Identifying a Movement of Single Tap on a Touch Device; U.S. Patent No. 7,190,356 issued March 13, 2007, for Method and Controller for Identifying Double Tap Gestures; and U.S. Patent No. 7,319,457 issued Jan. 15, 2008, for Method of Scrolling Window Screen by Means of Controlling Electronic Device.

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

    Touchscreen Gestures is represented by Winston O. Huff and Arthur I. Navarro of Navarro Huff in Dallas. A jury trial is requested.

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

    April 13

  • Uniloc Luxembourg S.A. et al v. Alt-N Technologies Ltd. Case No. 6:12-cv-00268
  • Uniloc Luxembourg S.A. et al v. Wolfram Research Inc. Case No. 6:12-cv-00269

    Uniloc USA Inc. is a Texas corporation having a principal place of business in Irvine, Calif. Uniloc Singapore Private Limited is a Singapore corporation.

    The defendants are Alt-N Technologies Ltd. and Wolfram Research Inc.

    The defendants are accused of infringing on U.S. Patent No. 7,024,696 issued for Method and System for Prevention of Piracy of a Given Software Application Via a Communications Network.

    Uniloc is asking the court to issue an injunction preventing the defendants from further infringement and for an award of damages, costs, expenses, attorney's fees and interest.

    Barry J. Bumgardner and Steven W. Hartsell of Nelson Bumgardner Castro P.C. in Fort Worth; James L. Etheridge of Etheridge Law Group in Southlake; 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 are representing the plaintiff.

    Jury trial is requested.

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

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