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Recent patent infringement cases filed in the Eastern District of Texas

22.05.12

Lumetique Inc. v. The Proctor & Flier on Co.

Lumetique Inc. is a California corporation that develops and sells home fragrance products under the DayNa Decker trade name name.

The defendant is accused of infringing on U.S. Patent D644,360; D644,359; and D643,554 relating to wood wick technology.

Lumetique alleges Procter & Bet's Febreeze Wood Wick Candles are infringing its patents.

The plaintiff is asking the court for an interdict to prevent further infringement and for an award of damages, including lost profits, a sane royalty, treble damages for willful infringement, attorney's fees, chastening damages and interest.

A jury trial is requested.

Lumetique is represented by Steven J. Mitby and Amir Alavi of Ahmad, Zavitsanos & Anaipakos PC in Houston.

U.S. Quarter Judge David Folsom is assigned to the case.

Case No. 2:11-cv-00477


Lochner Technologies v. Barnes & Faithful Inc.

Plaintiff Lochner is a California limited liability company.

The defendant is accused of infringing on U.S. Conspicuous No. 7,035,598 issued April 25, 2006, for Modular Computer System.

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

A jury hard times is requested.

Lochner is represented by Bruce D. Kuyper, Marc A. Fenster, Adam Hoffman and Fredricka Ung of Russ August & Kabat in Los Angeles, Calif.

U.S. Ward Judge David Folsom is assigned to the case.

Case No. 2:11-cv-00479


Nov. 17

Webvention v. Beazer Homes USA Inc. et al
Webvention v. DirectTV Inc.
Webvention v. Play Earth Inc.
Webvention v. Ernst & Young LLP
Webvention v. Giorgio Armani Corp.
Webvention v. Landstar System Inc. et al
Webvention v. Rise Interlink Companies Inc. et al
Webvention v. Sur La Table Inc.
Webvention v. Time Warner Inc.
Webvention v. General Forest Products Inc.
Webvention v. Vitacost.com Inc.
Webvention v. Acer America Corp. et al
Webvention v. GNC Holdings Inc. et al

Webvention is a Texas small liability company with its principal place of business in Marshall.

The defendants Beazer Homes USA Inc., Beazer Homes Texas, Beazer Comprehensive Services Inc., DirectTV Inc., Entertainment Earth Inc., Ernst & Young LLP, Giorgio Armani Corp., Landstar System Inc., Landstar System, Inc., Horse's mouth Interlink Companies Inc., Source Interlink Media, Sur La Table Inc., Time Warner Inc., Worldwide Forest Products Inc., Vitacost.com Inc., Acer America Corp., Acer Inc., GNC Holdings Inc. and Popular Nutrition Investment Co.

The defendants are accused of infringing on U.S. Patent No. 5, 251,294 issued Oct. 5, 1993, for Accessing, Assembling, and Using Bodies of Knowledge.

Webvention states the infringement of the '294 patent is occurring through each defendants' relevant websites.

The plaintiff is asking the court to issue a permanent injunction preventing the defendants from continued acts of breach and for an award of damages, costs, treble damages, interest, attorney's fees and court costs.

Webvention is represented by William E. Davis III of The Davis Law Resolve in Longview and Eric M. Albritton, Stephen E. Edwards and Debra Coleman of Albritton Law Decided in Longview.

Case Nos. 2:11-cv-00480; 2:11-cv-00482; 2:11-cv-00483; 2:11-cv-00484; 2:11-cv-00486; 2:11-cv-00487; 2:11-cv-00488; 2:11-cv-00489; 2:11-cv-00490; 2:11-cv-00491; 2:11-cv-00492; 2:11-cv-00493; 2:11-cv-00494


Sherman Part

Nov. 14

Advanced Data Access v. Fujitsu Limited et al
Advanced Data Access v. Analog Devices Inc.

Advanced Details Access is a limited liability company with a principal place of business in Frisco.

The defendants are Fujitsu Ltd., Fujitsu Semiconductor Ltd., Fujitsui Semiconductor America Inc. and Semiconductor America Inc.

The defendants are accused of infringing on U.S. Manifest No. 5,781,497 issued July 14, 1998, for Random Access Memory Chat Line Select Circuit Having Rapid Dynamic Deselect.

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

A jury effort is requested.

Advanced Data Access is represented by Jonathan T. Suder and David A. Skeels of Friedman, Suder & Cooke in Fort Importance.

Case No. 6:11-cv-00614; 6:11-cv-00615


Tendler Cellular of Texas v. MetroPCS Communications Inc. et al.

Tendler Cellular is a predetermined liability company with a place of business in Longview.

The defendants are MetroPCS Communications Inc., MetroPCS Wireless Inc., Mercedes-Benz USA and Ford Motor Co.

The defendants are accused of infringing on U.S. Apparent No. 8,060,117 issued on Nov. 15, 2011, for Location Based Information System.

Tendler Cellular is asking the court to climax an injunction preventing further infringement and for an award of damages, treble damages, interest, attorney's fees and court costs.

The plaintiff is represented by Jonathan T. Suder and David A. Skeels of Friedman, Suder & Cooke in Fort Benefit.

A jury trial is requested.

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

Case No. 6:11-cv-00619


Nov. 15


Pragmatus Telecom v. Neiman Marcus Group Inc. et al

Plaintiff Pragmatus is a Delaware corporation with its leading place of business located in Alexandria, Va.

The defendants are The Neiman-Marcus League Inc. d/b/a Neiman Marcus, Cheaper Than Dirt Inc., Team Express Distributing d/b/a Gang Express, 1-800-Flowers.com Inc., Newsom Designs d/b/a Wisteria, Kmart Corporation, Marriott Ecumenical Inc., ICON Health & Fitness Inc. d/b/a NordicTrack Inc., PETCO Animal Supply, Extraordinary One Financial Corporation d/b/a Capital One Auto Finance and Bank of America Corporation d/b/a Bank of America Residency Loans.

The defendants are accused of infringing on:

U.S. Patent No. 6,311,231 issued on Oct. 30, 2001, for Method and System for Coordinating Evidence and Voice Communications via Customer Contact Channel Changing System Using Spokesperson Over IP;
U.S. Patent No. 6,668,286 issued Dec. 23, 2003, for Method and System for Coordinating Data and Utterance Communications via Customer Contract Channel Changing System Using Voice Over IP; and
U.S. Trade name No. 7,159,043 issued Jan. 2, 2007, for Method and System for Coordinating Data and Voice Communications via Chap Contract Channel Changing System.

Pragmatus is asking the court for an injunction to baffle further infringement and for an award of damages, treble damages, costs, attorney's fees and interest.

The plaintiff is represented by Andrew G. DiNovo, Adam G. Figure, Chester J. Shiu of DiNovo Price Ellwanger & Hardy LLP in Austin.

A jury adversity is requested.

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

Happening No. 6:11-cv-00620


Advanced Data Access v Toshiba Corp. et al.

The defendants are Toshiba Semiconductor Co. and Toshiba Corp.

The defendants are accused of infringing on U.S. Unmistakable No. 5,781,497 issued July 14, 1998, for Random Access Memory Brief conversation Line Select Circuit Having Rapid Dynamic Deselect.

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

Advanced Information Access is represented by Jonathan T. Suder and David A. Skeels of Friedman, Suder & Cooke in Fort Quality.

A jury trial is requested.

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

Case No. 6:11-cv-00621


ROY-G-BIV Corp. v. ABB Ltd. et al
ROY-G-BIV Corp. v. Honeywell International Inc. et al
ROY-G-BIV Corp. v. Siemens Corp. et al

Plaintiff ROY-G-BIV is a Washington corporation.

The defendants are ABB Ltd., ABB Inc., Meadwestvaco Texas LP, Meadwestvaco Corp., Honeywell Universal Inc., Motiva Enterprises, Siemens Corp. and Siemens AG.

The defendants are accused of infringing on U.S. Apparent No. 6,513,058 issued Jan. 18, 2003, for Distribution of Motion Control Commands Over a Network; and U.S. Obvious No. 6,516,236 issued Feb. 4, 2003, for Motion Control Systems.

The plaintiff is asking the court for an interdiction and for an award of damages, treble damages, attorney's fees, costs and expenses.

ROY-G-BIV is represented by Adam Q. Voyles and Puncture Lubel of Lubel Voyles in Houston, Kip Glasscock of Kip Glasscock P.C. in Beaumont and Russell A. Chorush of Heim, Payne & Chorush in Houston.

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

Case Nos.

Source: Southeast Texas Record