Recent patent infringement cases filed in the Eastern District of Texas

Beaumont Division 

Nov. 20

• Affinity Labs of Texas v. Samsung Electronics Co. Ltd. et al

Affinity Labs of Texas is a Texas limited liability corporation having offices in Austin.

The defendants are Samsung Electronics Co. Ltd., Samsung Electronics America Inc., Samsung Telecommunications America LLC f/k/a Samsung Telecommunications America LP, High Tech Computer Corp a/k/a HTC Corp., H.T.C. (B.V.I.) Corp., HTC America Inc., LG Electronics Inc., LG Electronics USA Inc. and LG Electronics MobileComm U.S.A. Inc. d/b/a LG Mobile Phones.

The defendants are accused of infringing on:

• U.S. Patent No. 7,187,947 issued on March 6, 2007, for System and Method for Communicating Selected Information to an Electronic Device;

• U.S. Patent No. 7,324,833 issued Jan. 29, 2008, for System and Method for Connecting a Portable Audio Player to an Automobile Sound System;

• U.S. Patent No. 7,634,228 issued Dec. 15, 2009, for Content Delivery System and Method; and

• U.S. Patent No. 7,953,390 issued May 31, 2011, for Method for Content Delivery.

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

Affinity Labs is represented by Lawrence Louis Germer and Charles W. Goehringer Jr. of Germer Gertz LLP in Beaumont and Ronald J. Schutz, Cyrus A. Morton, Daniel R. Burgess, Shira T. Shapiro and Kristine Weir of Robins, Kaplan, Miller & Ciresi L.L.P. in Minneapolis, Minn.

A jury trial is requested.

Case No. 1:12-cv-00557

 

Marshall Division

Nov. 20

Lodsys Group v. Bed, Bath & Beyond Inc. et al Case No. 2:12-cv-00729

Lodsys Group v. B&H Foto & Electronics Corp. et al Case No. 2:12-cv-00730

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

The defendants are accused of willful infringement.

The patents at issue include:

• U.S. Patent 7,620,565 issued Nov. 17, 2009, for Customer –Based Product Design Module;

• U.S. Patent No. 7,222,078 issued May 22, 2007, for Methods and Systems for Gathering Information from Units of a Commodity Across a Network; and

• U.S. Patent No. 5,999,908 issued Dec. 7, 1999, for Customer-Based Product Design Module.

Lodsys is asking the court to issue an injunction preventing the defendants from further acts of infringement and for an award of damages, treble damages, attorney’s fees and court costs.

The plaintiff is represented by William E. Davis III of the Davis Law Firm in Longview and Michael A. Goldfarb and Christopher M. Huck of Kelley, Donion, Gill, Huck & Goldfarb in Seattle. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the cases.

 

 

Tyler Division

Nov. 16

• Motion Games v. Nintendo Co. Ltd. et al

Motion Games is a Texas limited liability corporation with a principal place of business in Austin.

The defendants are Nintendo Co. Ltd., Nintendo of America Inc., Retro Studios Inc., Rent-A Center and GameStop Corporation.

The defendants are accused of infringing on U.S. Patent No. 6,167,607 issued Jan. 2, 2001, for Vision Target Based Assembly.

The plaintiff is asking the court to issue an injunction and for an award of damages, royalty, enhanced damages, court costs and interest.

Motion Games is represented by Gregory P. Love and Darrell G. Dotson of Stevens Love in Longview; Michael A. O’Shea, Leonard C. Suchyta and Rachael R. Yocum of Hunton & Williams LLP in Washington, D.C.; Joshua M. Kalb of Hunton & Williams LLP of Atlanta, Ga.; and William A. Isaacson, D. Michael Underhill and Richard S. Meyer of Boies, Schiller & Flexner LLP in Washington, D.C.

A jury trial is requested.

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

Case No. 6:12-cv-00878

 

• Innovative Automation v. Amazon.com Inc. et al Case No. 6:12-cv-00881

• Innovative Automation v. Apple Inc. Case No. 6:12-cv-00882

• Innovative Automation v. Spotify USA Inc. Case No. 6:12-cv-00883

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

The defendants are accused of infringing on U.S. Patent No. 7,174,362 issued Feb. 6, 2007, and U.S. Patent No. 7,392,283 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 Charles Ainsworth of Parker, Bunt & Ainsworth P.C. in Tyler; Adam J. Gutride, Seth A. Safier, Todd Kennedy and Anthony J. Patek of Gutride Safier in San Francisco, Calif., and Victoria L. H. Booke and Peter Ajlouny of Booke & Ajlouny in San Jose, Calif. A jury trial is requested.

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

 

Nov. 20

• EMG Technology v. Motorola Mobility

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

The defendants are 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 in 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-00887

 

Sherman Division

Nov. 16

• Innovative Communications v. Texas Instruments Inc.

Innovative Communications is a Delaware limited liability company.

The defendant is accused of infringing on:

• U.S. Patent No. 5,559,791 issued Sept. 24, 1996, for Companding of Voice Signal for Simultaneous Voice and Data Transmission;

• U.S. Patent No. 5,436,930 issued July 25, 1995, for Simultaneous Analog and Digital Communications with a Selection of Different Signal Point Constellations Based on Signal Energy;

• U.S. Patent No. 5,475,691 issued Dec. 12, 1995, for Voice Activated Date Rate Change in Simultaneous Voice and Data Transmission; and

• U.S. Patent No. 5,475,713 issued on Dec. 12, 1995, for Shaped Signal Spaces in a Simultaneous Voice and Data System.

Innovative Communications is asking the court for an injunction for ongoing royalties, plus damages, treble damages and attorney’s fees.

The plaintiff is represented by James C. Tidwell of Wolfe, Tidwell & McCoy LLP in Sherman. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:12-cv-00725