Case Filed: Apr 02, 2012
Case Closed: Apr 25, 2014
Court: Texas Eastern District
Court
Judge: Michael H. Schneider
Case Summary:
Tyler, Texas-based U.S. Ethernet
Innovations (USEI), a company holding fundamental
Ethernet technology patents filed a complaint against Xerox Corporation
accusing them of infringing two U.S. patents.
The patents are: US5434872
reading ‘Apparatus for automatic initiation of data transmission’ and US5732094
reading ’Method for automatic initiation of data transmission’. The patents were
duly issued by USPTO on Jul 18, 1995 and Mar 24, 1998, respectively. The
patents expired[i] by
Jul 28, 2012 and were last assigned[ii]
to HLC Sentinel (source: MaxVal’s Assignment
Database.) According to the complaint, USEI is the owner of the ’094 and
‘872 patents.
The complaint alleged that
defendant has made, used, imported, and/or sold and/or continues to make, use,
import, and/or sell the technology claimed by the ‘094 and ‘872 patents in
systems and methods without USEI’s permission. The accused product cited in the
court documents was ‘Xerox Phaser 3000’ series of network printers employing
Ethernet technology, embodied in one or more claims of the patents-in-suit.
The complaint further added that
the acts of infringement by Xerox were willful and deliberate, which caused
irreparable harm and damage to USEI. As a result, USEI demanded increased
damages and attorneys’ fees and costs.
Pursuant to the joint motion of
dismissal filed by USEI and Xerox, the Court entered final judgment. The
official ruling stated that the parties take nothing and each party will bear
their own costs. It further ordered all claims by USEI and Xerox dismissed with
prejudice.
See 6:12-cv-00237
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[i]
Expected expiration date. Patent Term Estimator is a free web-based tool that
automatically calculates patent terms and expiration dates for U.S. utility
patents.
[ii]
MaxVal offers Patent Assignment Alert service where subscribers receive email
alerts when assignments relating to target applications, patents or entities of
interest are recorded.
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