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SOUTHEAST TEXAS RECORD

Thursday, March 28, 2024

Recent patent infringement cases filed in the Eastern District of Texas

MARSHALL DIVISION

Nov. 4 

• Kroy IP Holdings v. Hallmark Cards Inc. Case No. 2:13-cv-00933

• Kroy IP Holdings v. The Men’s Wearhouse Inc. Case No. 2:13-cv-00934

• Kroy IP Holdings v. Mrs. Fields Famous Brands, d/b/a TCBY Case No. 2:13-cv-00935

• Kroy IP Holdings v. Starbucks Corp. Case No. 2:13-cv-00936

Kroy IP Holdings is a Delaware limited liability company with a place of business in Baltimore, Md.

The defendants are accused of infringing on U.S. Patent No. 7,054,830 issued May 30, 2006, for System and Method for Incentive Programs and Award Fulfillment.

Kroy IP Holdings is asking the court to issue an injunction to prevent further infringement and for an award of damages, costs, attorney’s fees and enhanced damages.

The plaintiff is represented by Austin L. Hansley of Austin Hansley Law Firm in Dallas.

A jury trial is requested.

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

 

• Simple Air Inc. v. Google Inc. Case No. 2:13-cv-00937

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 US. Patent No. 8,572,279 issued Oct. 29, 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 LLP in Gladewater.

A jury trial is requested.

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

 

Nov. 5

• Adrain v. Panasonic Corp. of North America Case No. 2:13-cv-00938

Adrain is an individual residing in Spokane County, Wash.

The defendant is accused of infringing on U.S. Patent No. 5,831,669 issued Nov. 3, 1998, for Facility Monitoring System with Image Memory and Correlation.

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

The plaintiff is represented by John T. Polasek, C. Dale Quisenberry and Jeffrey S. David of Polasek Quisenberry & Errington LLP in Bellaire; Otis W. Carroll and Deborah Race of Ireland Carroll & Kelley PC in Tyler; S. Calvin Capshaw, Elizabeth L. DeRieux and D. Jeffrey Rambin of Capshaw Derieux LLP in Gladewater; and Russell R. Smith of Fairchild Price Haley & Smith LLP in Nacogdoches.

A jury trial is requested.

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

 

• IBV Systems LLC v. AeroScout Inc. Case No. 2:13-cv-00939

IBV Systems is a limited liability company formed under the laws of the state of Texas with a principle place of business in Plano.

The defendant is accused of infringing on U.S. Patent No. 6,222,440 issued April 24, 2001, for Location, Identification and Telemetry System Using Strobed Signals at Predetermined Intervals.

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

The plaintiff is represented by Austin Hansley of Austin Hansley PLLC in Dallas. A jury trial is requested.

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

 

Nov. 6

• Cardsoft Inc. et al v. Hypercom Corp. et al Case No. 2:13-cv-00941

CardSoft is a California limited liability corporation.

The defendants are accused of infringing on U.S. Patent No. 6,934,945 issued Aug. 23, 2005, for Method and Apparatus for Controlling Communications and U.S. Patent No. 7,302,683 issued Nov. 27, 2007, for Method and Apparatus for Controlling Communications.

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

The plaintiff is represented by William E. Davis III of The Davis Firm PC in Longview.

A jury trial is requested.

U.S. District Judge Roy S. Payne is assigned to the case.

 

Nov. 7

• Marshall Feature Recognition v. Best Buy Co. Inc. Case No. 2:13-cv-00942

• Marshall Feature Recognition v. Moen Inc. Case No. 2:13-cv-00943

• Marshall Feature Recognition v. Reverse Mortgage Solutions Inc. d/b/a Security 1 Lending Case No. 2:13-cv-00944

• Marshall Feature Recognition v. Tilly’s Inc. Case No. 2:13-cv-00944

Marshall Feature Recognition is a limited liability company which its principal place of business in Marshall.

The defendants are accused of infringing on U.S. Patent No. 6,886,750 issued May 3, 2005, for Method and Apparatus for Accessing Electronic Data Via a Familiar Printed Medium.

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

Marshall Feature Recognition is represented by Austin Hansley of Austin Hansley PLLC in Dallas. A jury trial is requested.

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

 

• Mobile Telecommunications Technologies v. ZTE (USA) Inc. Case No. 2:13-cv-00946

• Mobile Telecommunications Technologies v. LG Electronics Mobilecomm U.S.A. Inc. Case No. 2:13-cv-00947

MTEL is a Delaware corporation with its principal place of business in Lewisville, Texas.

The defendants are accused of infringing on:

• U.S. Patent No. 5,809,428 issued Sept. 15, 1998, for Method and Device for Processing Plaintiff Mobile Telecommunications Technologies Undelivered Data Messages in a Two-Way Wireless Communications System;

• U.S. Patent No. 5,754,946 issued May 19, 1998, for Nationwide Communication System; and

• U.S. Patent No. 5,786,748, issued for July 28, 1998, for Method and Apparatus for Giving Notification of Express Mail Delivery.

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

Mobile Telecommunications is represented by Daniel R. Scardino, John L. Hendricks and Steven P. Tepera of Reed & Scardino LLP in Austin.  A jury trial is requested.

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

 

Nov. 8

• SecureNova v. BlackBerry Limited f/k/a Research in Motion Ltd. et al Case No. 2:13-cv -00950

• SecureNova v. Nokia Corp. et al Case No. 2:13-cv-00951

• SecureNova v. ZTE Corp. Case No. 2:13-cv-00952

Plaintiff SecureNova is a limited liability company organized under the laws of the state of Texas with its principal place of business in Plano.

The defendant is accused of infringing on U.S. Patent No. 7,792,482 issued Sept. 7, 2010, for Communication Service Subscription Management.

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

SecureNova is represented by William E. Davis III of The Davis Firm PC in Longview and Eugenio J. Torres-Oyola of Ferraiuoli LLC in San Juan, Puerto Rico.

 

Nov. 8

• RPost Holdings Inc. et al v. Yesware Inc. et al Case No. 2:13-cv-00953

RPost Communications Ltd. is a Bermuda corporation. RPost Holdings is a Delaware corporation having a place of business in Plano.

The defendant is accused of infringing on:

• U.S. Patent No. 8,161,104 issued April 17, 2012, for System and Method for Verifying Delivery and Integrity of Electronic Messages;

• U.S. Patent No. 8,275,845 issued Sept. 25, 2012, for System and Method for Verifying Delivery and Integrity of Electronic Messages; and

• U.S. Patent No. 8,468,198 issued June 18, 2013, for System and Method for Verifying Delivery and Integrity of Electronic Messages.

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

RPost is represented by Winston O. Huff and Deborah Jagai of W.O. Huff & Associates PLLC in Dallas and Lewis E. Hudnell III of Colvin Hudnell LLP in New York, N.Y.

A jury trial is requested.

 

TYLER DIVISION

Nov. 4

Data Engine Technologies v. International Business Machines Corp. Case No. 6:13-cv-00858

Data Engine Technologies v. International Business Machines Corp. Case No. 6:13-cv-00859

Data Engine Technologies v. International Business Machines Corp. Case No. 6:13-cv-00860

Data Engine Technologies 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. 6,314,558 issued Nov. 6, 2001, for Byte Code Instrumentation;

• U.S. Patent No. 6,643,842 issued Nov. 4, 2003, for Byte Code Instrumentation; and

• U.S. Patent No. 7,240,335 issued July 3, 2007, for Byte Code Instrumentation.

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.

 

Nov. 6

• NovelPoint Tracking v. AGCO Corp. Case No. 6:13-cv-00863

• NovelPoint Tracking v. AG Leader Technology Inc. Case No. 6:13-cv-00864

• NovelPoint Tracking v. Andrews et al Case No. 6:13-cv-00865

• NovelPoint Tracking v. Caterpillar Inc. Case No. 6:13-cv-00866

• NovelPoint Tracking v. CLAAS North America Holdings Inc. et al Case No. 6:13-cv-00867

• NovelPoint Tracking v. DICKEY-john Corp. Case No. 6:13-cv-00868

• NovelPoint Tracking v. Deer & Co. Case No. 6:13-cv-00869

• NovelPoint Tracking v. CNH America Case No. 6:13-cv-00870

• NovelPoint Tracking v. Novariant Inc. Case No. 6:13-cv-00871

• NovelPoint Tracking v. AgJunction Case No. 6:13-cv-00872

• NovelPoint Tracking v. Raven Industries Inc. Case No. 6:13-cv-00873

• NovelPoint Tracking v. TeeJet Technologies Illinois Case No. 6:13-cv-00874

• NovelPoint Tracking v. Topcon Precision Agriculture et al Case No. 6:13-cv-00875

NovelPoint Tracking is a Texas limited liability company with its principal place of business in Allen.

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 trial is requested.

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

 

Nov. 7

• Blue Spike v. CLC Enterprises Inc. Case No. 6:13-cv-00877

Blue Spike is a Texas limited liability company with its headquarters and principal place of business in Tyler.

The defendants are accused of infringing on U.S. Patent No. 5,745,569 Method for Stega-Cipher Protection of Computer Code.

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

Blue Spike is represented by Randall T. Garteiser, Christopher A. Honea and Christopher S. Johns of Garteiser Honea PC in Tyler; and Kirk J. Anderson and Peter S. Brasher of Garteiser Honea PC in San Rafael, Calif.

A jury trial is requested.

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

 

Nov. 8

Chrimar Systems Inc. et al v. Aastra Technologies Limited et al Case No. 6:13-cv-00879

Chrimar Systems Inc. et al v. Alcatel-Lucent Inc. et al Case No. 6:13-cv-00880

Chrimar Systems Inc. et al v. AMX Case No. 6:13-cv-00881

Chrimar Systems Inc. et al v. Granstream Networks Inc. Case No. 6:13-cv-00882

Chrimar Systems Inc. et al v. Samsung Electronics Co. Ltd. et al Case No. 6:13-cv-00883

Chrimar Systems is a Michigan corporation with its principal place of business in Michigan and Holding is a Texas limited liability company with its principal place of business in Marshall.

The defendant is accused of infringing on U.S. Patent No. 8,155,012 for System and Method for Adapting a Piece of Terminal Equipment.

The plaintiff is represented by Anthony G. Simon, Timothy D. Krieger, Benjamin R. Askew and Michael P. Kella of The Simon Law Firm PC in St. Louis, Mo., and T. John Ward Jr. and J. Wesley Hill of Ward & Smith Law Firm in Longview.

A jury trial is requested.

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