Recent patent infringement cases filed in the Eastern District of Texas

Marshall Division

Aug. 5 

• Novelpoint Tracking v. Toyota Motor Sales U.S.A. Inc. Case No. 2:13-cv-00571

• Novelpoint Tracking v. Nissan North America Inc. Case No. 2:13-cv-00572

• Novelpoint Tracking v. Chrysler Group Case No. 2:13-cv-00573

The defendants are accused of infringing on U.S. Patent No. 6,442,485 issued Aug. 27, 2002, for Method and Apparatus for an Automatic Vehicle Location, Collision Notification and Synthetic Voice.

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

NovelPoint Tracking is represented by David Bailey of the Law Office of David Bailey in Richardson. Jury trials are requested.

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

 

Aug. 6

• Hawk Technology Systems v. The Container Store Inc. Case No. 2:13-cv-00576

• Hawk Technology Systems v. Boyd Gaming Corp. Case No. 2:13-cv-00579

• Hawk Technology Systems v. Eldorado Resorts Case No. 2:13-cv-00580

Hawk Technology Systems is a Florida limited liability company and maintains its principal place of business in Miami.

The defendant is accused of infringing on U.S. Patent No. RE43,462 issued June 12, 2012, for Video Monitoring and Conferencing System. The ‘462 Patent was a reissue of U.S. Patent No. 5,625,410.

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

Hawk Technology is represented by E. Glenn Thames Jr. of Potter Minton in Tyler and Edward A. Pennington of Smith Gambrell & Russell LLP in Washington, D.C.

A jury trial is requested.

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

 

• Personal Audio LLC v. Fox Broadcasting Co. et al Case No. 2:13-cv-00577

Personal Audio is a Texas limited liability company.

The defendants are accused of infringing on U.S. Patent No. 8,112,504 B2 issued on Feb. 7, 2012, for System for Disseminating Media Content Representing Episodes in a Serialized Sequence.

Personal Audio is asking the court to issue a permanent injunction to prevent further infringement and for an award of damages, interest, costs and disbursements and attorney fees.

The plaintiff is represented by Papool S. Chaudhari of Reyes Browne Reilley in Dallas and Jeremy S. Pitcock of Pitcock Law Group in New York, N.Y.

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

 

Aug. 8

• Simple Air Inc. v. Microsoft Corp. Case No. 2:13-cv-00583

Aug. 9

• Simple Air Inc. v. Google Inc. Case No. 2:13-cv-00587

Plaintiff SimpleAir Inc. is a corporation existing under and by virtue of the laws of the State of Texas.

The defendants are accused of infringing on U.S. Patent No. 6,167,426 issued Dec. 26, 2000, for Contact Alerts for Unconnected Users and U.S. Patent No. 8,489,707 issued July 16, 2013, for System and Method for Transmission of Data.

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

Simple Air is represented by John Jeffrey Eichmann of Dovel & Luner LLP in Santa Monica, Calif., and S. Calvin Capshaw and Elizabeth L. DeRieux of Capshaw DeRieux in Gladewater.

A jury trial is requested.

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

 

Tyler Division

Aug. 5

• Data Engine Technologies v. SAS Institute Inc. Case No. 6:13-cv-00579

• Data Engine Technologies v. SAP America Inc. et al Case No. 6:13-cv-00580

Data Engine Technologies LLC is a Texas limited liability company with its principal place of business in Frisco.

The defendant is accused of infringing on U.S. Patent No. 6,237,135 issued May 22, 2001, for Development System with Visual Design Tools for Creating and Maintaining Java Beans Components; and U.S. Patent No. 5,461,708 issued Oct. 24, 1995, for Systems and Methods for Automated Graphing of Spreadsheet Information.

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

Data Engine is represented by Amir Alavi, Demetrios Anaipakos, Steven J. Mitby and Brian E. Simmons of Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing PC in Houston; and T. John Ward Jr. and Wesley Hill of Ward & Smith Law Firm in Longview.

A jury trial is requested.

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

 

• VirnetX Inc. et al v. Apple Inc. Case No. 6:13-cv-00581

VirnetX Inc. is a Delaware corporation organized and maintains its principal place in Zephyr Cove, Nevada.

The defendant is accused of infringing on U.S. Patent No. 8,504,697 issued Aug. 6, 2013, for System and Method Employing an Agile Network Protocol for Secure Communications Using Secure Domain Names.

The plaintiff is asking the court for an injunction and for an award of damages, enhanced damages, interest, attorney’s fees and court costs.

VirnetX is represented by Douglas A. Cawley, Rosemary T. Snider, Stacie L. Greskowiak  and Ryan Hargrave of McKool Smith P.C. in Dallas; Bradley W. Caldwell, Jason D. Cassady, John Austin Curry and Daniel R. Pearson of Caldwell Cassady & Curry in Dallas; Robert M. Parker and R. Christopher Bunt of Parker, Bunt & Ainsworth P.C. in Tyler; Andy Tindel of Mann, Tindel & Thompson in Tyler; and Donald Urrabazo and Arturo Padilla of Urrabazo Law P.C. in Los Angeles, Calif.

A jury trial is requested.

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

 

Aug. 7

• Klever Marketing Inc. v. 7-Eleven Inc. Case No. 6:13-cv-00582

Klever Marketing is a corporation organized and existing under the laws of Delaware, with its principal place of business in Salt Lake City, Utah.

The defendant is accused of infringing on U.S. Patent No. 5,420,606 issued on May 30, 1995, for Instant Electronic Coupon Verification System.

The plaintiff is asking for an award of damages, interest, attorney’s fees and court costs.

Klever Marketing is represented by Frank M. Washko of Tiburon Intellectual Property PLLC in San Francisco, Calif.  A jury trial is requested.

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

 

• Cellular Communications Equipment v. NEC CASIO Mobile Communications Ltd. et al Case No. 6:13-cv-00584

Cellular Communications Equipment is a Texas limited liability company with its principal place of business in Plano.

The defendants are accused of infringing on:

• U.S. Patent No. 6,377,804 for Mobile Communication Systems;

• U.S. Patent No. 6,819,923 for Method for Communication of Neighbor Cell Information;

• U.S. Patent No. 7,215,962 for Method for an Intersystem Connection Handover;

• U.S. Patent No. 7,941,174 for Method for Multicode Transmission by a Subscriber Station;

• U.S. Patent No. 8,055,820 for Apparatus, System and Method for Designating a Buffer Status Reporting Format Based on Detected Pre-Selected Buffer Conditions; and

• U.S. Patent No. 7,218,923 for Control of Terminal Applications in a Network Environment.

The plaintiff is asking for an award of damages, including an ongoing post-judgment royalty, treble damages, interest and court costs.

Cellular Communications is represented by Edward R. Nelson III, Brent N. Bumgardner, Barry J. Bumgardner, S. Brannon Latimer, Thomas C. Cecil and Michael J. Fagan Jr. of Nelson Bumgardner Casto P.C. in Fort Worth; and T. John Ward Jr., J. Wesley Hill and Claire Abernathy Henry of Ward & Smith Law Firm in Longview.

A jury trial is requested.

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

 

• Adaptix Inc. v. NEC Casio Mobile Communications Ltd. et al Case No. 6:13-cv-00585

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 Craig Tadlock and Keith Smiley of Tadlock Law Firm PLLC in Plano.

A jury trial is requested.

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