Recent Patent Cases in the Eastern District of Texas

Iovate Health Sciences Inc. v. BSN and Medical Research Institute, 586 F.3d 1376 (Fed. Cir. 2009). JW served as appellate counsel for defendant and appellee Medical Research Institute in an infringement lawsuit involving dietary supplements. The Federal Circuit upheld the summary judgment on invalidity grounds granted in favor of JW’s client by the United States District Court for the Eastern District of Texas. The district court found that patent claims directed to the administration of dietary supplements to enhance recovery from fatigue were anticipated by a prior printed publication.

Orion IP, LLC v. Hyundai Motor America, 605 F.3d 967 (Fed Cir. 2010). Counsel for Hyundai in patent infringement lawsuit alleging that Hyundai’s website infringed business methods patents involving a computer assisted parts sales method and an electronic proposal preparation system. At trial, JW obtained a jury verdict of non-infringement as to the electronic proposal preparation system patent. On appeal, the Federal Circuit ruled that the parts sales method patent was invalid.

Patent Harbor, LLC v. Audiovox Corporation, et al. (E.D. Tex. [Tyler]). Jackson Walker served as lead counsel for Denon Electronics (USA) LLC. During the scheduling portion of the case, JW successfully lobbied the Court to obtain an early claim construction hearing and to defer discovery until after a ruling on claim construction. JW subsequently obtained a claim construction ruling from Magistrate Judge Love that was dispositive as to JW’s client. After Judge Davis affirmed Judge Love’s ruling, the plaintiff accepted a Stipulated Judgment of Non-infringement as to its claims against JW’s client.

Fowler Woods, LLC. v. Accuradio, Inc., et al. (E.D. Tex. [Marshall]). Jackson Walker served as lead counsel for a publicly traded media company defendant in a patent infringement lawsuit concerning the display of advertising on websites. Obtained informal dismissal of the claims against our client prior to the deadline for responding to the Complaint.

Global Sessions LP v. Travelocity.com LP, et al. (E.D. Tex. [Tyler]-pending). Lead counsel for a defendant in a patent infringement lawsuit involving hub patents and session patents. The Hub Patents generally relate to a single system with multiple functional “layers,” which interact to enable the presentation of web pages, content and/or services to users. The Session Patents generally relate to a particular method of maintaining session state on webpages.

Uniloc USA, Inc., et al. v. BCL Technologies, et al. (E.D. Tex. [Tyler]). Jackson Walker Represented a publicly traded software company in a patent infringement lawsuit concerning healthcare software. The plaintiff dismissed its claims against our client following an informal demonstration of our client’s product.

Digital Choice of Texas, LLC v. Best Buy Co., Inc., et al. (E.D. Tex. [Marshall]). JW represented RadioShack, Best Buy, Costco, Sears, Target, Sam’s Club, and Wal-Mart in this patent infringement case, where the plaintiff alleges that parental control features on DVD players infringe its patent. The case settled on favorable terms.

Advanced Encoding Solutions, LLC v. Broadcom Corporation, et al. (E.D. Tex. [Tyler]). Counsel for Ericsson Television Inc. in patent infringement lawsuit involving a patent directed to a moving picture expert group encoder processor for processing split picture video of standard and high definition television. The case settled on favorable terms.

E-Data Corporation v. The New York Times Company, et al. (E.D. Tex. [Sherman]). JW represented The New York Times in a patent action involving systems for reproducing information in material objects at a point-of-sale location. JW obtained an order transferring the case to a more favorable forum.

Mobility Electronics, Inc. v. American Power Conversion Corp. (E.D. Tex. [Texarkana]). JW represented Mobility Electronics, alleging that the defendant’s products infringe seven of its patents. JW also represented Mobility in a related action between the parties pending in the United States District Court of Massachusetts, American Power Conversion Corp. v. Mobility Electronics, Inc. (D. Mass.). The cases settled on favorable terms.

MacroSolve, Inc. v. Various Defendants (E.D. Tex. [Tyler])). Jackson Walker served as lead counsel for a group of four defendants in a patent infringement lawsuit concerning alleged infringement by mobile applications for defendants’ websites. Obtained an early favorable settlement for all our clients.

Joint Marketing International, Inc. and Kun S. Chang v. Walgreen Co., et al. (E.D. Tex. [Tyler]). JW was lead counsel for QVC, Inc. in this patent infringement lawsuit concerning a device that cleans eyeglasses. The matter settled on favorable terms.

Kawasaki Heavy Industries Ltd v. Bombardier Recreational Products, Inc., et al. (E.D. Tex. [Texarkana]). JW represented Bombardier in an alleged patent infringement of three personal watercraft technology patents. JW’s client obtained a favorable settlement.

Cheetah Omni LLC v. Verizon Communications Inc., et al. (E.D. Tex. [Tyler]). JW represented Grande Communications Networks, Inc. in a lawsuit alleging infringement of patents directed to star switching fabric and a switching element for use in an optical processing device. Settled on favorable terms.

Antor Media Corp. v. Metacafe, Inc., et al. (E.D. Tex. [Marshall]-pending). JW represents Discovery Communications, Inc. in this patent infringement action concerning a method and apparatus for transmitting information recorded on digital disks from a central server to subscribers via a high data digital telecommunications network. The case has been stayed pending reexamination.

The PACid Group, LLC v. Best Buy Co., Inc., et al. (E.D. Tex. [Tyler]). Counsel for Denon Electronics in a patent infringement lawsuit involving a patent directed to an encryption key generator system and method. Case settled on favorable terms.

Unified Messaging Solutions LLC v. Google Inc., et al. (E.D. Tex. [Tyler]). Lead counsel for a defendant in a patent infringement lawsuit alleging that a company website infringed four patents. The case settled on favorable terms.

Innovative Automation, LLC v. Audio and Video Labs, Inc. (E.D. Tex. [Tyler]-pending). Counsel for Singulus in lawsuit involving alleged infringement of a patent directed to a computer-implemented method of data duplication.

Achates Reference Publishing Inc. v. Symantec Corp., et al. (E.D. Tex. [Tyler]-pending). Counsel for GlobalScape in patent infringement lawsuit involving patents directed to the generation and use of encrypted launch codes.

Datatreasury Corp. v. Austin Bancorp, Inc., et al. (E.D. Tex. [Tyler]-pending). JW represents four defendant banks in a patent infringement case related to the electronic imaging and transmission of financial transaction documents.

Soverain Software LLC v. J.C. Penney Corp., et al. (E.D. Tex. [Tyler]). Counsel for QVC in a patent infringement lawsuit involving patents directed to methods of completing sales over the internet. JW’s clients settled on favorable terms.

Balthaser Online, Inc. v. Network Solutions, LLC, et al. (E.D. Tex. [Marshall] and N.D. Cal.); Balthaser Online, Inc. v. Kimberly-Clark Corporation, et al. (E.D. Tex. [Marshall]). Counsel for six defendants in two lawsuits alleging that various web sites infringe the plaintiff’s patent. Obtained a transfer to the Northern District of California in Network Solutions and negotiated an early, favorable global settlement for all our clients prior to the claim construction hearings in both cases.

Orion v. Xerox Corporation, et al. (E.D. Tex. [Tyler]). JW represented Nordstrom, Inc., Kohl’s Department Stores, Inc. and Walgreen Co. in this patent infringement suit about a computer assisted parts sales method and an electronic proposal preparation system. JW obtained a favorable settlement on behalf of its clients.

Orion v. Costco Wholesale Corporation, et al. (E.D. Tex. [Tyler]). JW represented Costco in this patent infringement action about two business method patents by Costco’s websites. JW obtained a favorable settlement for its client.

Voxpath RS, LLC v. LG Electronics U.S.A., Inc., et al. (E.D. Tex. [Marshall]). Jackson Walker represented Denon Electronics (USA), LLC and D&M Holdings, Inc. in a patent infringement lawsuit concerning optical data reproduction devices. Settled on favorable terms.

Voxpath RS, LLC v. Denon Electronics (USA), LLC, et al. (E.D. Tex. [Marshall]). Jackson Walker represented Denon Electronics (USA), LLC and D&M Holdings, Inc. in a patent infringement lawsuit involving the alleged infringement of a patent directed to optical recording and playback systems. Settled on favorable terms.

Datatreasury Corp. v. Wells Fargo & Co., et al. (E.D. Tex. [Marshall]). JW represented HSBC Bank USA in a patent infringement case related to the electronic imaging and transmission of financial transaction documents. JW obtained a favorable settlement for its clients.

NextCard, LLC v. American Express Company, Discovery Financial Services LLC, HSBC North America Holdings Inc., HSBC USA, Inc., and The PNC Financial Services Group, Inc. (E.D. Tex. [Marshall]). JW served as counsel for Defendants HSBC North America Holdings and HSBC USA Inc. in a patent infringement case related to online chat help and online credit card applications. JW’s clients settled on favorable terms.

Mobility Electronics, Inc. v. Formosa Electronics, et al. (E.D. Tex. [Texarkana]). After initiating suit before the ITC, Mobility Electronics, JW’s client, then brought an infringement and trade secrets misappropriation case against a Taiwanese manufacturer of power supplies for electronic devices. Following a Markman hearing, the court issued a claim construction order construing the vast majority of claims in Mobility’s favor. Mobility settled its claims against all five defendants on favorable terms.

Datatern, Inc. v. Bank of America Corporation, et al. (E.D. Tex. [Texarkana]). JW represented QVC concerning a patent directed to a system for enabling access to a relational database. JW obtained a favorable settlement for its client.