Tag Archives: Patent Litigation

Patent Infringement Suit in the District Court for the Western District of Pennsylvania

Ames True Temper, Inc. filed suit in the Western District of Pennsylvania against Southern Sales & Marketing Group, Inc. claiming patent infringement. Ames’ principal place of business is located in Camp Hill, Pennsylvania.

The complaint alleges that Southern Sales is infringing U.S. Patent No. 6,360,484, entitled “Planter and method of manufacturing same”. The abstract for the invention reads as follows:

A decorative planter includes a base having upper and lower portions and a flange disposed about the outer periphery of the upper portion. The planter also includes a collar dimensioned to encompass the upper portion of the base. The collar has a mechanical interface which engages the flange such that the collar and the flange form a decorative rim about the upper portion of the planter. The present disclosure also relates to a method of forming a decorative planter which includes the steps of: a) forming a base having upper and lower portions and a flange disposed about the outer periphery of the upper portion; b) forming a collar dimensioned to encompass the upper portion of the base, the collar having a mechanical interface dimensioned to mechanically engage the flange; and c) engaging the collar and the flange to form a decorative rim about the upper portion of the base.

An answer has not yet been filed.

Patent Infringement Case in Pittsburgh

Best Medical International Inc., a Virginia corporation, filed suit for patent infringement in the Western District of Pennsylvania against Accuray Inc. and several defendants as individuals on August 6, 2010. The patent in suit, U.S. Patent No. 5,596,619 entitled “Method and Apparatus for Conformal Radiation Therapy” is related to a method and apparatus for conformal radiation therapy with a specialized radiation beam.

The complaint alleges that Accuray has manufactured and sold a product that infringes the ‘619 patent. The complaint also alleges that the individual defendants have aided and abetted Accuray’s infringement of plaintiff’s patent and have divulged plaintiff’s trade secrets and intellectual property to defendant Accuray.

An answer has not yet been filed.

Pennsylvania Company Files Suit for Patent Infringement

On June 24, 2010 Jones Performance Products, Inc., a Pennsylvania corporation, filed suit in the United States District Court for the Western District of Pennsylvania against Bad Ass Custom Truck Parts Inc., a Kentucky corporation, asserting patent infringement.

U.S. Patent No. D549,624 was issued to Jones Performance for a “Truck Fender.” The ‘624 Patent discloses and claims an ornamental design for a truck fender.

The Complaint alleges that Bad Ass Custom Truck Parts has been making, offering for sale, selling, making use of, and applying the design shown in the ‘624 Patent to its own custom truck fenders. Jones Performance Products also allege that Bad Ass Custom Truck Parts created at least one mold for the creation of the infringing product.

An Answer has not yet been filed.

Procter & Gamble Sued for False Patent Marking

Alchemy Asset Services, Inc., a Pennsylvania corporation, filed a false patent marking suit against Procter & Gamble in the Western District of Pennsylvania on May 12, 2010. The complaint alleges that Procter & Gamble marked, advertised, and marketed various products with expired patent numbers and/or marked, advertised, and marketed such products as patent-protected in violation of 35 U.S.C. § 292 with intent to deceive the public.

Alchemy Asset Services requests damages against Procter & Gamble equal to a fine in the amount of $500 for each instance of false marking. One-half of the damage award would be paid to the United States and the other half would be paid to plaintiff. The specific products named in the complaint include:

1. “Ultra Downy” fabric softener;
2. “Fixodent”;
3. “Always Maxi”; and
4. “Puffs” facial tissues.

An answer has not yet been filed.

Penntech Industrial Tools, Inc. Sued for Patent Infringement

Max Co. Ltd., a manufacturer of industrial and office products, located in Japan, filed suit against Penntech Industrial Tools, Inc. in the U.S. Court for the Western District of Pennsylvania on December 9, 2009 for patent infringement.

Max Co. designed a “battery-operated reinforcing bar tying machine designed to replace the manual process of tying rebar.” Max Co. claims that Penntech infringed Max Co.’s U.S. Design Pat. No. 527,041 titled “Wire Bobbin of the Binding Machine” and U.S. Pat. No. 6,000,443 titled “Brake Mechanism of Wire Reel for Reinforcing Bar Binding Machine.”

Penntech Industrial Tools is “a leading supplier of productive cost saving metal fabricating and metal stamping machinery, accessories and related tooling products.”

- Katie Cooper

Pittsburgh Inventor Wins Patent Infringement Case

Ren Junkins is an independent inventor from Kilbuck Township, a suburb of Pittsburgh, Pennsylvania. He owns more than 70 patents in the window covering field.

Mr. Junkins filed suit against HT Window Fashions in the United States District Court for the Western District of Pennsylvania on February 27, 2007 for patent infringement based on U.S. Patent No. 7,182,120 for “Tabbed Multi-Cellular Shade Material.” The cellular shade product has pleats on the front and tabs on the back.

On November 18, 2009, a judgment was entered in favor of Mr. Junkins in the amount of $154,776 as a result of a jury verdict. The jury decided that HT Window Fashions infringed Pat. ‘120 by selling its Polaris double cell window shades.

- Katie Cooper

Google Chrome Lawsuit

An Israeli corporation filed suit against Google Inc. for patent infringement relating to Google’s new browser, Google Chrome, in the United States District Court for the District of Massachusetts on October 26, 2009. The patent at issue, U.S. Patent No. 6,546,552, entitled “Difference Extraction Between Two Versions of Data-Tables Containing Intra-References” is owned by Red Bend Ltd. Red Bend Software is the exclusive licensee within the United States of the ‘552 Patent. (“Red Bend Ltd.” and “Red Bend Software” will be collectively referred to as “Red Bend.”)

Red Bend alleges that Google has “manufactured products and provided instructions regarding the use of those products that constitute or effect contributory and/or induced infringement of the ‘552 Patent.”

Red Bend provided two examples of Google’s alleged infringement:

1. Google’s implementation of its differential compression algorithm for making Google Chrome updates significantly smaller, used by Google and others under the direction and control of Google, infringes one or more claims of the ‘552 Patent; and

2. Google’s publication and distribution of the source code for the algorithm induces others’ infringement of one or more claims of the ‘552 Patent.

Red Bend has requested compensation including a reasonable royalty, lost profits and lost future profits, plus interest. Google has not yet filed an Answer.

University of Pittsburgh Files Notice of Appeal to the Federal Circuit

pittThe University of Pittsburgh has been in a patent litigation suit with Varian Medical Systems, Inc. since the University of Pittsburgh filed a patent infringement suit in the U.S. District Court for the Western District of Pennsylvania on April 13, 2007. The University of Pittsburgh owns two patents pertaining to image-guided radiation therapy technology: U.S. Patent No. 5,727,554 entitled “Apparatus responsive to movement of a patient during treatment/diagnosis” and U.S. Patent No. 5,784,431 entitled “Apparatus for matching X-ray images with reference images.”

On September 1, 2009, the Court entered a judgment in favor of the Defendant.

The University of Pittsburgh filed a Notice of Appeal to the United States Court of Appeals for the Federal Circuit on October 28, 2009.

- Katie Cooper

API Technologies Settles Data Network Patent Infringement Case Against Facebook et al

data systemAPI Technologies, LLC owns U.S. Patent No. 6,859,699 entitled “Network-Based Method and System for Distributing Data.” On May 12, 2009, API Technologies filed suit in the United States District Court for the Eastern District of Texas alleging patent infringement against Facebook, Inc.; Amazon.com, Inc.; Amazon Web Services LLC; AOL LLC; Mapquest, Inc.; Bebo, Inc.; Truveo, Inc.; Best Buy Co. Inc.; CBS Corporation; CBS Interactive Inc.; CBS Interactive Media Inc.; CNET Investments, Inc.; CNET Networks, 2 Inc.; Last.FM Limited; The Dun & Bradstreet Corporation; Hoover’s, Inc.; Google Inc.; Android, Inc.; Thomson Reuters Corporation; Thomson Reuters PLC; Thomson Reuters U.S. Inc.; Thomson Reuters U.S.A. Inc.; Reuters America, LLC; and Yahoo! Inc.

API claimed that defendants infringed the ‘699 Patent “by, among other things, making, using, selling and/or offering for sale systems and/or methods for providing data using a data transmission network covered by one or more claims of the ‘699 Patent.”

API provided the example that:

Facebook provides users with systems or methods, including Application Programming Interfaces, for providing user interfaces for soliciting selections of desired data. Facebook then uses the data transmission network to receive an input signal representing a selection of desired data, and retrieves and transmits that data. Facebook then generates license codes with embedded information that is related to a valid product code associated with a specific device or system. Facebook requires the use of such license codes to access the desired data.

Several defendants filed answers to the complaint. On October 13, 2009, an order granted a motion to dismiss the case subject to the terms of a confidential settlement agreement dated September 22, 2009.

According to BusinessWeek, API Technologies, LLC provides software solutions to the gaming, law enforcement and security industries.

- Katie Cooper

Kennametal Files Patent Infringement Suit

patKennametal Inc. filed a patent infringement suit against Sandvik, Inc., Seco Tools Inc., and Walter USA, Inc. on June 29, 2009 in the United States District Court for the Western District of Pennsylvania.

The complaint alleges that defendants infringed U.S. Patent No. 5,722,803 (“Cutting Tool and Method of Making the Cutting Tool”) and U.S. Patent No. 7,530,772 B2 (“Drill, Such as a Twist Drill”) through their manufacture, use, sale, offer for sale, and/or importation of coated cutting tools and drills.  The defendants’ Answers are due September 8, 2009. 

Kennametal is a company located just outside of Pittsburgh, Pennsylvania in Latrobe. According to Kennametal’s website, Kennametal is a leading global supplier of tooling, engineered components, and advanced materials that are consumed in production processes. Kennametal applies powder metallurgy, materials science and mechanical engineering technologies to cemented tungsten carbides, high-speed steels, ceramics, industrial diamonds, and other material compositions to produce products that have resistance to heat, impact, corrosion, pressure and wear. Kennametal’s annual sales are approximately $2 billion, with 12,000 employees worldwide and operations in over 60 countries.

- Katie Cooper