Recent patent infringement cases filed in the Eastern District of Texas

Marshall Division 

Jan. 2

• SportBrain Inc. v. Nike Inc.

SportBrain is a limited liability company which maintains a principal place of business in Austin.

The defendant is accused of infringing on U.S. Patent No. 7,454,002 issued Nov. 18, 2008, for Integrating Personal Data Capturing Functionality Into a Portable Computing Device and a Wireless Communication Device.

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

SportBrain is represented by Melissa R. Smith of Gillam & Smith LLP in Marshall and Steven R. Ritcheson and Joseph C. Gabaeff of Heninger Garrison Davis in Chatsworth, Calif.

A jury trial is requested.

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

Case No. 2:13-cv-00001

 

Jan. 3

• Alexsam Inc. v. Best Buy Stores L.P. et al Case No. 2:13-cv-00002

• Alexsam Inc. v. Barnes & Noble Inc. et al Case No. 2:13-cv-00003

• Alexsam Inc. v. The Gap Inc. et al Case No. 2:13-cv-00004

• Alexsam Inc. v. J.C. Penney Co. Inc. et al Case No. 2:13-cv-00005

• Alexsam Inc. v. The Home Depot Inc. et al Case No. 2:13-cv-00008

Alexsam is a Texas corporation.

The defendants are accused of infringing on U.S. Patent No. 6,000,608 issued Dec. 14, 1999, for Multifunction Card System and U.S. Patent No. 6,189,787 issued Feb. 20, 2001, for Multifunctional Card System.

Alexsam is asking the court to issue an injunction and for an award of damages, treble damages, interest, attorney’s fees and court costs.

The plaintiff is represented by Timothy P. Maloney, Alison Aubry Richards, Nicole L. Little and David A. Gosse of Fitch Even Tabin & Flannery in Chicago, Ill.; Steven C. Schroer of Fitch Even Tabin & Flannery in Boulder, Colo.; and Melissa Richards Smith of Gillam & Smith LLP in Marshall.

A jury trial is requested.

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

 

Jan. 4

• VirtualAgility Inc. v. Salesforce.com Inc. et al

VirtualAgility Inc. is a Delaware corporation that maintains its principal place of business in Winchester, Mass.

The defendant is accused of infringing on U.S. Patent No. 8,095,413 issued Jan. 10, 2012, for Processing Management Information.

The plaintiff is asking the court to permanently enjoin the defendants from continued infringement and for an award of damages, treble damages, attorney’s fees, interest and court costs.

VirtualAgility is represented by D. Neil Smith, Edward Chin, Andrew J. Wright and Kirk Voss of Nix Patterson & Roach LLP in Irving and Derek Gilliland of Nix Patterson & Roach LLP in Daingerfield.

A jury trial is requested.

Case No. 2:13-cv-00011

 

• Stutts v. Lava Heat Italia

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 Rodney Gilstrap is assigned to the case.

Case No. 2:13-00012

 

Tyler Division

Jan. 3

• Patent Harbor v. P&F USA Inc. et al Case No. 6:13-00010

Jan. 4

• Patent Harbor v. ASUS Computer International Case No. 6:13-cv-00024

• Patent Harbor v. Lenovo (US) Inc. Case No. 6:13-cv-00025

• Patent Harbor v. Fujitisu America Inc. Case No. 6:13-cv-00026

Patent Harbor is a Texas corporation with its principal place of business in Tyler.

The defendants are accused of infringing on U.S. Patent No. 5,684,514 issued Nov. 4, 1997, for Apparatus and Method for Assembling Content Addressable Video.

The plaintiff is asking the court for an award of damages, including a post-judgment royalty and interest.

The plaintiff is represented by Keith A. Rutherford, John C. Cain and Scott Reese of Wong, Cabello, Lutsch, Rutherford & Brucculeri in Houston;  T. John Ward Jr. of Ward & Smith Law Firm in Longview; and Eric M. Albritton of Albritton Law Firm in Longview.

Jury trial is requested.

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

 

• Adaptix Inc. v. Apple Inc. et al

Adaptix is a Delaware corporation with its principal place of business in Carrollton, Texas.

The defendant is accused of infringing on U.S. Patent No. 7,454,212 and U.S. Patent No. 6,947,748 issued for OFDMA with Adaptive Subcarrier-Cluster Configuration and Selective Loading.

Adaptix is asking the court for an injunction to prevent further infringement and for an award of damages and interest.

The plaintiff is represented by Paul J. Hayes and Dean G. Bostock of Hayes, Bostock & Cronin in Andover, Mass.; and T. John Ward Jr. and J. Wesley Hill of Ward & Smith Law Firm in Longview.

A jury trial is requested.

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

Case No. 6:12-cv-00369

 

• Express Card Systems v. Costco Wholesale Corp. Case No. 6:13-cv-00012

• Express Card Systems v. CVS Caremark Corp. Case No. 6:13-cv-00013

• Express Card Systems v. Hy-Vee Inc. Case No. 6:13-cv-00014

• Express Card Systems v. Supervalu Inc. Case No. 6:13-cv-00015

• Express Card Systems v. Meijer Inc. Case No. 6:13-cv-00016

• Express Card Systems v. Rite Aid Corp. Case No. 6:13-cv-00017

• Express Card Systems v. Shutterfly Inc. Case No. 6:13-cv-00018

• Express Card Systems v. Hewlett-Packard Co. Case No. 6:13-cv-00019

• Express Card Systems v. Target Corp. Case No. 6:13-cv-00020

• Express Card Systems v. Vistaprint Case No. 6:13-cv-00021

• Express Card Systems v. Walgreen Co. Case No. 6:13-cv-00022

• Express Card Systems v. Wal-Mart Stores Case No. 6:13-cv-00023

Express Card Systems is a Texas limited liability company with its principal place of business in Frisco.

The defendants are accused of infringing on U.S. Patent No. 5,748,484 and U.S. Patent No. 5,552,994 issued for System for Printing Social Expression Cards in Response to Electronically Transmitted Orders.

Express Card Systems is asking for an award of damages, treble damages, court costs, and interest.

The plaintiff is represented by Craig Tadlock and Keith Smiley of Tadlock Law Firm in Plano and Timothy E. Grochocinski of Innovalaw P.C. in Orland Park, Ill.

A jury trial is requested.

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