Recent patent infringement cases filed in the Eastern District of Texas

By Marilyn Tennissen | Aug 19, 2014


Aug. 13 

• Harcol Research LLC v GNC Corp., General Nutrition Centers Inc. and General Nutrition Corp. Case No. 2:14-cv-00854

Plaintiff Harcol Research is a limited liability company organized under the laws of Nevada with a principal place of business in Tyler, Texas.

Harcol is the owner of U.S. Patent No. 5,817,364 for a Beverage Containing Alpha-Ketoglutaric Acid and Method of Making.

According to the complaint, defendants make, distribute, sells and advertises nutritional supplement products including the Re-Built Mass (GNC), Ravage (GNC), Black Powder (MRI), NO2 Ripcuts (MRI), Endorush (BSN) and N.O.-Xplode (including Advanced Strength, Caffeine Free and Igniter Shot) (BSN).

The plaintiff is seeking preliminary and permanent injunctions, compensatory damages, punitive damages, attorneys’ fees, expenses, interest, costs and other relief deemed just and proper.

William E. Davis of The Davis Firm PC in Longview is representing the plaintiff.


Aug. 15

• John B. Adrain v Dedicated Micros Inc. Case No. 2:14-cv-00857

Plaintiff John B. Adrain is an individual who claims to be the inventor and owner of U.S. Patent No. 5,831,669 issued Nov. 3, 1998, for a Facility Monitoring System with Image Memory and Correlation.

A Reexamination Certificate for the ‘669 Patent was issued on Aug. 21, 2012. A second Reexamination Certificate was issued on June 16, 2014.

Defendant Dedicated Micros makes, uses and sells video surveillance cameras, software and network recorders that monitor a space and that perform video analytics, which allegedly infringe the ‘669 Patent.

By way of further example, the Cam Vu IP PTZ camera can be used with the SD Advanced network video recorder and the software of Dedicated Micros to monitor a space and perform video analytics. According to the complaint, the video analytics features provided by Dedicated Micros’ security monitoring systems include at least such features as object abandonment/removal, detection tripwire and counting tripwire.

The plaintiff also alleges that Dedicated Micros engaged in the infringement knowingly.

“As a consequence of the infringement … Adrain has been irreparably damaged to an extent not yet determined and will continue to be irreparably damaged by such acts in the future unless Dedicated Micros is enjoined by this Court from committing further acts of infringement,” the complaint states.

Adrain is seeking compensatory damages, interest, attorneys’ fees, costs and other relief deemed just and proper.

A jury trial is demanded.

Counsel for Adrain include Elizabeth DeRieux, S. Calvin Capshaw and Jeffrey Rambin of Capshaw DeRieux LLP in Gladewater; 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; and Russell R. Smith of Fairchild, Price, Haely & Smith LLP in Nacogdoches.



Aug. 8

Kitchen Equipment Fabricating Co., doing business as Countercraft v Commercial Kitchens Inc. doing business as Mod-U-Serve Case No. 6:14-cv-00677

Plaintiff Countercraft is a Texas corporation based in Houston.

Countercraft is the owner of U. S. Patent No. 8,701,554 issued April 22, 2014, for a Temperature Controlled Food Tray System.

Mod-U-Serve’s allegedly infringing products include a hot and cold food tray system.

According to the suit, Countercraft has repeatedly requested information as to whether the defendant is still making the infringing tray design, but the defendant refuses to answer.

The plaintiff is seeking injunctive relief, compensatory damages no less than a reasonable royalty, treble damages for alleged willful infringement, interest, costs, attorneys’ fees and other relief deemed just and proper. A jury trial is demanded.

Attorneys for the plaintiff are Lance Lee of Texarkana, Texas, and Robert Evans Jr., Mare Vander Tuig and Elizabeth Fabick of Senniger Powers LLP in St. Louis, Mo.


Aug. 8

• TracBeam LLC v T-Mobile US Inc. and T-Mobile USA Inc. Case No. 6:14-cv-00678

• TracBeam LLC v Apple Inc. Case No. 6:14-cv-00680

Plaintiff TracBeam is a Colorado limited liability company claiming to be an owner-inventor company that has been awarded numerous patents relating to fundamental innovations in wireless location technology for use in consumer and enterprise settings and for both outdoor and indoor location.

TracBeam claims to own the following patents-in-suit:

U.S. Patent No. 8,032,153 issued Oct. 4, 2011, for Multiple Location Estimators for Wireless Location;

U.S. Patent No. 7,764,231 issued July 27, 2010, for Wireless Location Using Multiple Mobile Station Location Techniques; and

U.S. Patent No. 7,298,327 issued Nov. 20, 2007, for Geographic Location Using Multiple Location Estimators.

The suit says the court has already presided over TracBeam LLC v AT&T Inc. et al and TracBeam LLC v Google Inc., which recently settled.

Apple is accused of infringing the patents-in-suit through products including location service for the iOS and Mac OS devices and location services including Maps, Siri, Safari, Find My iPhone, Camera and the iAds network, according to the suit.

Defendant T-Mobile allegedly infringes the TracBeam patents through its e911 location platforms and services and commercial location based platforms and services.

The plaintiff is seeking injunctive relief, compensatory damages, costs, expenses, interest, attorneys’ fees and all other relief to which it may be entitled.

Jeff Eichmann of Dovel & Luner LLP in Santa Monica, Calif., and S. Calvin Capshaw and Elizabeth DeRieux of Capshaw Derieux LLP in Gladewater are representing the plaintiff.

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