Recent patent infringement cases filed in the Eastern District of Texas

MARSHALL DIVISION 

Oct. 27 

Eclipse IP LLC v Ann Inc. Case No. 2:14-cv-00999

Eclipse IP LLC v Planet Blue Inc. Case No. 2:14-cv-01000

Plaintiff Eclipse is a Texas limited liability company with a principal place of business in Boynton Beach, Fla.

The patent-in-suit is U.S. Patent No. 7,876,239 issued Jan. 25, 2011, for a Secure Notification Messaging System and Methods Using Authentication Indicia.

Defendants allegedly infringe the ‘239 Patent by making, using and selling computer-based notification systems and methods to enable a customer to provide or select authentication information, store the authentication information, monitor travel data in connection with orders placed via defendants’ websites, initiate notifications to the customer and provide the stored authentication information.

Eclipse claims it notified defendants of the alleged infringement in July, making the infringement intentional and willful.

Eclipse is seeking compensatory damages, interest, costs, expenses, treble damages for willful infringement, attorneys’ fees and other relief deemed proper and just.

A jury trial is demanded.

Craig Tadlock of Tadlock Law Firm PLLC in Plano is representing the plaintiff along with Matt Olavi and Brian Dunne of Olavi Dunne LLP in Los Angeles, Calif.

 

Oct. 29

Traxxas LP v HobbyKing Corp., dba HobbyKing and HobbyKing.com, and HobbyKing USA LLC Case No. 2:14-cv-01005

Plaintiff Traxxas is a Texas-based company that designs, develops and sells hobby-class remote controlled vehicles.

The patents-in-suit are:

• U.S. Patent No. 7,374,460 issued May 20, 2008, for an Electrical Connector Assembly;

• U.S. Patent No. 7,530,855 issued May 12, 2009, for an Electrical Connector Assembly;

• U.S. Patent No. 7,867,038 issued Jan. 11, 2011, for an Electrical Connector Assembly;

• U.S. Patent No. D573,536 issued July 22, 2008, for an Electrical Connector.

The ‘460, ‘855 and ‘038 patents provide for an electrical connector comprising a housing forming a female receptacle for a male connector electrode. The ‘536 provides for the design of an electrical connector comprising a male connector electrode.

According to the suit, defendants manufacture and/or sell radio controlled off-road and on-road cars and trucks, various component parts and accessories including the electrical connectors and connector assemblies for use with radio control cars and trucks.

Defendants sell their products through their online website, their own distribution facilities in the United States and a network of dealers in the United States that are identical to or substantially equivalent to the claims in the patents-in-suit.

Traxxas is seeking a permanent injunction against defendants, compensatory damages, enhanced damages for willful infringement, interest, costs, expenses, attorneys’ fees and other relief to which it may be entitled. A jury trial is demanded.

The plaintiff is represented by William E. Davis III of The Davis Firm PC in Longview; L. David Anderson, R. Casey O’Neill and Rusty O’Kane of Wick Phillips Gould & Martin LLP in Dallas; and Scott L. Harper of Harper Washam LLP in Dallas.

 

Oct. 31 

CYVA Research Holdings LLC v Vivid Seats Ltd. Case No. 2:14-cv-01009

CYVA Research Holdings LLC v Ticket Liquidator LLC, Ticket Software LLC and TicketNework Inc. Case No. 2:14-cv-01011

CYVA Research Holdings LLC v Gunbroker.com LLC Case No. 2:14-cv-01012

Plaintiff CYVA is a Texas limited liability company with a principal place of business in Plano.

Defendants are accused of infringing on:

• U.S. Patent No. 8,195,569 issued June 5, 2012, for an E-Bazaar Featuring Personal Information Security.

According to the suits, defendants infringe the CYVA patent by making, using or selling apparatuses and systems providing an electronic bazaar, an advertiser client and a buyer client, both configured to send one or more items of personal information, a product database and electronic broker that provides trusted processing of transactions.

CYVA is seeking a permanent injunction against defendants, compensatory damages, costs, expenses, interest and any other relief to which it may be entitled. A jury trial is demanded.

Hao Ni, Timothy T. Wang, Neal G. Massand and Stevenson Moore V of Ni Wang & Massand PLLC in Dallas are representing the plaintiff.

 

VPN Multicast Technologies LLC v AT&T Inc. and AT&T Corp. Case No. 2:14-cv-01013

VPN Multicast Technologies LLC v Dimension Data North America Inc., Dimension Data Holdings PLC and Dimension Data LLC Case No. 2:14-cv-01014

Plaintiff VPN Multicast Technologies is a Texas limited liability company based in Plano.

Defendants are accused of infringing on:

• U.S. Patent No. 8,477,778 for Applying Multicast Protocols and VPN Tunneling Techniques to Achieve High Quality of Service for Real Time Media Transport Across IP Networks

Alleged infringement includes the AT&T Virtual Private Network systems, services and solutions and Dimension Data Managed Cloud Platforms and methods for data transport using multicast protocols.

According to the suits, defendants have been on notice of the ‘778 Patent, making the alleged infringement willful.

VPN Multicast is seeking compensatory damages not less than a reasonable royalty, interest, costs and other relief deemed just and proper. A jury trial is demanded.

Anthony G. Simon, Michael P. Kella, Benjamin R. Askew and Timothy D. Krieger of The Simon Law Firm PC in St. Louis, Mo.; and T. John Ward Jr. of Ward & Smith Law Firm in Longview are representing the plaintiff.

TYLER DIVISION 

Oct. 27

3^rd Eye Surveillance LLC v The City of Austin, Texas Case No. 6:14-cv-00818

Plaintiff 3^rd Eye Surveillance is a Texas limited liability company based in Plano.

3rd Eye claims to be the owner of:

• U.S. Patent No. 6,778,085 issued Aug. 17, 2004, for a Security System and Method with Realtime Imagery. The ‘085 Patent relates generally to video security systems that record, store and transmit images through the use of computer equipment, digital storage and an electronic communications network.

• U.S. Patent No. 6,798,344 issued Sept. 28, 2004, for a Security Alarm System and Method with Realtime Streaming Video. The ‘344 Patent relates generally to video security systems that store, retrieve and transmit images through the use of computer equipment, digital storage and an electronic communications network.

• U.S. Patent No. 7,323,980 issued Jan. 29, 2008, for a Security System and Method with Realtime Imagery. The ‘980 Patent relates generally to video security systems that store, retrieve and transmit images through the use of computer equipment, digital storage and an electronic communications network.

According to the complaint, the city of Austin is infringing the ‘980 Patent by recommendations or contracts to use security systems such as Stanley Convergent Security Solutions Inc.

According to the suit, 3^rd Eye is currently investigating whether the city of Austin infringes the ‘085 and ‘344 Patents, but needs more information before making its determination.

The plaintiff is seeking a permanent injunction against the city, compensatory damages no less than a reasonable royalty, interest, costs, treble damages for willful infringement, attorneys’ fees, expenses and other relief to which it may be entitled. A jury trial is demanded.

Stephen A. Kennedy of Kennedy Law PC in Dallas is representing 3^rd Eye Surveillance.