On December 10, 2012, Applied Food Sciences sued Heartwise, Inc. (complaint available here) in the Northern District of Texas. Applied Food Sciences claims Heartwise infringes Applied Food Sciences’ “GCA” trademark, which relates to nutritional supplements.
Applied Food Sciences is represented by David Henry and Russell Jumper, both of Looper, Reed & McGraw, P.C.
On November 28, 2012, Coach filed a lawsuit (available here) against 2Q Salon. Coach alleges that 2Q Salon is selling imitation Coach wallets, handbags, sunglasses, and totes. Coach asserts claims for, among other things, trademark counterfeiting, trademark infringement, and copyright infringement.
Coach is represented by Natalie Arbaugh and Christopher Smith, both of Fish & Richardson P.C.
In a thorough opinion issued on December 10, 2012 (available here), Judge Kinkeade found that a forum selection clause governed the parties’ patent infringement dispute, and ordered that the case be transferred to the Northern District of California:
In Count I, Terraspan claims that Rave is infringing on certain patents now owned by Terraspan. One of Rave’s defenses is that the license to utilize Rave Technology in the Rave Operating Agreements gives Rave a right to utilize the patents at issue in this case. Because one of Rave’s defenses is enforcement of a provision in the parties’ agreements, Terraspan’s patent infringement claim involves a right or remedy under the contract. Terraspan’s allegations in the patent infringement claim have a direct or indirect connection, link or association with the Rave Operating Agreements. The forum selection clause is applicable to Terraspan’s patent infringement claims.
On December 5, 2012, Judge Lynn denied Good Technology Corp.’s motion to limit Defendants’ non-infringement and invalidity defenses (Order available here). Judge Lynn noted that she would not consider defenses raised as to unasserted claims, and that, “[i]f any of the remaining defenses are invalid, Good should move for summary judgment as to them.”
Magistrate Judge David Horan is the Northern District’s newest Magistrate Judge, having taken the bench in late 2012. Prior to his selection as a Magistrate Judge, Judge Horan was a partner with Jones Day’s Dallas office.
Judge Horan granted in 1996 from the University of Notre Dame (B.A. in Government and Philosophy, summa cum laude; Phi Beta Kappa) and received his J.D. from Yale Law School in 2000. At Yale, Judge Horan was the Book Reviews Editor on the Law Journal.
At Jones Day, Judge Horan focused on appellate litigation and analyzing and briefing complex issues before federal and state courts at all levels. He conducted oral arguments before the United States Supreme Court (Gould v. United States), federal and state courts of appeals, and federal trial courts. He led Jones Day’s Issues & Appeals Practice in its Dallas office, and was named a Texas Super Lawyers “Rising Star” from 2005-2012.
On November 20, 2012, Hunter Douglas filed a patent infringement lawsuit (complaint available here) against Bollen Resources in the Northern District of Texas. Hunter Douglas alleges that Bollen Resources infringes its patents relating to windows.
Hunter Douglas is represented by Vincent Allen of Carstens & Cahoon; and Sterling Brennan and Chad Nydegger, both of Workman Nydegger.
On November 19, 2012, Aeritas filed its patent infringement lawsuit (complaint available here) against Cinemark USA in the Northern District of Texas. Aeritas claims that Cinemark infringes U.S. Patent Nos. 7,706,819 and 8,055,285, through the sale of IPhone and Android applications that allow users to find Cinemark theatres via GPS and to purchase movie tickets, among other things.
Aeritas is represented by David Judson, of the Law Office of David H. Judson.
On November 15, 2012, Michael Wright filed a lawsuit against TricPlate and Ghostplate in the Northern District of Texas alleging patent infringement (complaint available here). Wright alleges that defendants infringe U.S. Patent Nos. 6,556,337 and 6,714,340 through their sale of license plate covers that obfuscate the content on a license plate.
Wright is represented by Warren Norred, of Norred Law, PLLC.
On November 14, 2012, Trinity Technical Group filed its complaint (available here) against Siemens Industry. Trinity alleges that Siemens infringes U.S. Patent Nos. 8,086,346 and 8,331,667, which claim technology relating to the handling of mail that is “undeliverable as addressed.” Trinity also asserts that Siemens misappropriated Trinity’s technology and engaged in unfair competition, civil theft, and fraud with respect to its actions involving Trinity and Trinity’s technology.
Trinity is represented by Sydney Hewlett, Christopher Lyster, Patrick Richter, all of Shannon, Gracey, Ratliff & Miller, L.L.P.
On November 1, 2012, Wildcat Intellectual Property Holdings filed a lawsuit (complaint available here) in the Northern District of Texas against Wizards of the Coast. Wildcat claims that Wizards infringes Wildcat’s U.S. 6,200,216, which claims technology relating to electronic trading cards, through the sale of Wizards’ Magic: The Gathering Online.
Wildcat is represented by Darrell Dotson, Gregory Love, Scott Stevens, and Todd Brandt, all of Stevens Love; Stafford Davis, of The Stafford Davis Firm, PC; and Kirk Pittard and Leighton Durham III, both of Kelly, Durham & Pittard, LLP.
