Typhoon Touch Technologies, Inc et al v. Motion Computing, Inc et al Featured Case

Plaintiff Typhoon Touch Technologies Inc. and Nova Mobility Systems Inc. alleged that Defendants Dell, Inc., Xplore Technologies Corporation of America, San Dune Ventures, Inc., Fujitsu Computer Systems Corporation, Toshiba America Information Systems, Inc., Lenovo (United States) Inc., Panasonic Corporation of North America, Apple Inc., HTC America, Inc., Palm, Inc., Samsung Electronics America, Inc., Nokia Inc. and LG Electronics USA, Inc. for infringing on U.S. Patent No. 5,379,057 and 5,675,362 entitled "Portable Computer with Touch Screen and Computer System Employing Same."

Plaintiff: Typhoon Touch Technologies, Inc and Nova Mobility Systems, Inc
Defendant: Motion Computing, Inc and Dell, Inc
Case Number: 6:2007cv00546
Filed: December 5, 2007
Court: US District Court for the Eastern District of Texas
Office: Tyler Office
County: XX US, Outside State
Presiding Judge: Leonard Davis
Nature of Suit: Patent
Cause of Action: 28 U.S.C. ยง 1338 Patent Infringement
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 23, 2009 Opinion or Order Filing 437 MEMORANDUM OPINION AND ORDER granting in part and denying in part 354 Motion for Summary Judgment. The Court interprets the claim language in this case in the manner as set forth in this Order. For ease of reference, the disputed claims are set forth in Appendix A and the Court's claim interpretations are set forth in Appendix B. Signed by Judge Leonard Davis on 07/23/09. cc:attys 7-24-09 (mll, )
July 16, 2008 Filing 83
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Lenovo (United States) Inc.( Williams, Fred)
July 15, 2008 Filing 82
RESPONSE in Opposition re 74 MOTION to Dismiss for Lack of Jurisdiction Due to Plaintiffs' Lack of Standing [2nd Amended Complaint, Renewed Motion] filed by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc. (Truncale, Michael)
July 14, 2008 Filing 81
NOTICE of Attorney Appearance by Fred Irvin Williams on behalf of Lenovo (United States) Inc (Williams, Fred)
July 11, 2008 Filing 79
RESPONSE in Opposition re 72 MOTION for Leave to File Response to Plaintiffs' Sur-reply in Support of its Motion to Dismiss Plaintiffs' First Amended Complaint for Patent Infringement for Lack of Subject Matter Jurisdiction due to PIaintiffs' Lack fo Standing filed by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc. (Attachments: # 1 Exhibit 1 - Martin Smekal Blog)(Truncale, Michael)
July 10, 2008 Filing 78
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Panasonic Corporation of North America,.( Wilcox, Melvin)
July 8, 2008 Filing 75
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Nokia Inc..( Jones, Michael)
July 2, 2008 Opinion or Order Filing 71
ORDER granting 69 Motion for Extension of Time to Answer re 64 Second Amended Complaint. Deft Xplore shall have up to and including 7-22-08 to file an Answer. Signed by Judge Leonard Davis on 07/02/08. cc:attys 7-2-08 (mll, )
June 27, 2008 Filing 70
Defendant's Unopposed First Application for Extension of Time to Answer Amended Complaint re Dell, Inc.( Prol, Howard)
June 26, 2008 Opinion or Order Filing 67
ORDER granting 66 Motion to Withdraw as Attorney. Attorney Herbert A Yarbrough, III terminated as counsel for pltfs in this case. Signed by Judge Leonard Davis on 06/26/08. cc:attys 6-26-08 (mll, )
June 24, 2008 Filing 66
MOTION to Withdraw as Attorney Unopposed Motion to Withdraw As Counsel by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc. (Attachments: # 1 Text of Proposed Order)(Yarbrough, Herbert)
June 23, 2008 Filing 65
SUR-REPLY to Reply to Response to Motion re 51 MOTION to Dismiss for Lack of Jurisdiction Due to Plaintiff's Lack of Standing filed by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 4A, # 6 Exhibit 4B)(Truncale, Michael)
June 20, 2008 Opinion or Order Filing 63
ORDER granting 62 Motion for Leave to File Plaintiffs' Second Amended Complaint for Patent Infringement. Signed by Judge Leonard Davis on 6/19/08. (mjc )
June 18, 2008 Filing 62
Amended MOTION for Leave to File Plaintiffs' Second Amended Complaint for Patent Infringement by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc. (Attachments: # 1 Exhibit A - Plaintiff's Second Amended Complaint for Patent Infringement, # 2 Text of Proposed Order)(Truncale, Michael)
June 17, 2008 Opinion or Order Filing 61
ORDER granting 60 Motion for Leave to File Plaintiffs' Second AmendedComplaint for Patent Infringement. Signed by Judge Leonard Davis on 6/17/08. (mjc )
June 16, 2008 Filing 60
MOTION for Leave to File (Unopposed) Second Amended Complaint for Patent Infringement by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc. (Attachments: # 1 Exhibit A - Plaintiff's Second Amended Complaint for Patent Infringement, # 2 Text of Proposed Order)(Truncale, Michael)
June 10, 2008 Opinion or Order Filing 57
ORDER granting 56 Motion for Extension of Time. Deft Sand Dune Ventures Inc shall have up to and including 6-16-08 to file its reply to pltfs' Opposition to deft Sand Dune Ventures Inc's Motion to Dismiss Pltfs' First Amended Complaint for Patent Infringement for Lack of Subject Matter Jurisdiction Due to Pltfs' Lack of Standing. Signed by Judge Leonard Davis on 06/10/08. cc:attys 6-11-08(mll, )
June 9, 2008 Filing 56
Consent MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Dismiss for Lack of Jurisdiction Due to Plaintiff's Lack of Standing by Sand Dune Ventures, Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
June 2, 2008 Opinion or Order Filing 55
ORDER granting 54 Motion to Approve Consent Judgment and entering Consent Decree. Plaintiffs, Typhoon Touch Technologies, Inc. and Nova Mobility Systems, Inc., and Defendant, Electrovaya, Inc. have entered into a settlement agreement dismissing all claims with prejudice. Electrovaya acknowledges the infringement of U.S. Patent Nos. 5,379,057 and 5,675,362 and all claims therein. Each party to bear its own costs. Signed by Judge Leonard Davis on 6/2/08. (mjc )
May 30, 2008 Filing 54
MOTION to Approve Consent Judgment between Plaintiffs and Defendant, Electrovaya, Inc. by Typhoon Touch Technologies, Inc. (Attachments: # 1 Consent Decree)(Yarbrough, Herbert)
May 27, 2008 Filing 53
RESPONSE in Opposition re 51 MOTION to Dismiss for Lack of Jurisdiction Due to Plaintiff's Lack of Standing filed by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 1-A, # 3 Exhibit Exhibit 1-B, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 2-A, # 6 Exhibit Exhibit 2-B, # 7 Exhibit Exhibit 2-C, # 8 Exhibit Exhibit 2-D, # 9 Exhibit Exhibit 2-E, # 10 Exhibit Exhibit 2-F, # 11 Exhibit Exhibit 2-G, # 12 Exhibit Exhibit 2-H, # 13 Exhibit Exhibit 2-I)(Desai, Nirav) (Additional attachment(s) added on 5/29/2008: # 14 Text of Proposed Order) (mjc, ).
May 19, 2008 Filing 52
ANSWER to Counterclaim of Xplore Technologies Corporation of America by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc.(Yarbrough, Herbert)
May 9, 2008 Filing 51
MOTION to Dismiss for Lack of Jurisdiction Due to Plaintiff's Lack of Standing by Sand Dune Ventures, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Text of Proposed Order)(Jones, Michael)
May 6, 2008 Filing 50
APPLICATION to Appear Pro Hac Vice by Attorney John Cyril Malloy, III for Sand Dune Ventures, Inc. Fee pd., 6-1-13695. Approved 5/8/08. (mjc, )
April 24, 2008 Filing 49
NOTICE of Disclosure by Xplore Technologies Corporation of America Rule 7.1 Corporate Disclosure Statement (Jackson, John)
April 16, 2008 Filing 47
ANSWER to Counterclaim by Nova Mobility Systems, Inc, Typhoon Touch Technologies, Inc.(Desai, Nirav)
April 9, 2008 Filing 45
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Sand Dune Ventures, Inc. up to and including May 9, 2008.( Jones, Michael)
April 7, 2008 Filing 46
Return of Service Executed as to Sand Dune Ventures, Inc. on 3/20/2008, answer due: 4/9/2008. (mjc )
April 1, 2008 Filing 42
NOTICE of Attorney Appearance by Lawrence Allan Waks on behalf of Xplore Technologies Corporation of America (Waks, Lawrence)
March 31, 2008 Filing 44
Return of Service Executed as to Electrovaya Inc. on 3/20/2008, answer due: 4/9/2008. (mjc )
March 27, 2008 Filing 38
ANSWER to Amended Complaint, COUNTERCLAIM against Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc by Dell, Inc.(Williams, Roderick)
March 20, 2008 Filing 37
***FILED IN ERROR. PLEASE DISREGARD***
NOTICE by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc of Service of Summons and Amended Complaint on Defendant Xplore Technologies Corporation of America (Honigberg, Paul) Modified on 3/20/2008 (mjc ).
March 10, 2008 Filing 35
AMENDED COMPLAINT Plaintiffs' First Amended Complaint for Patent Infringement against Xplore Technologies Corporation of America, Electrovaya Inc., Sand Dune Ventures, Inc., Dell, Inc, filed by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Yarbrough, Herbert)
March 7, 2008 Filing 33
NOTICE by Typhoon Touch Technologies, Inc, Nova Mobility Systems, Inc Plaintiffs' First Supplemental Notice to the Court Regarding Scheduling Conference (Yarbrough, Herbert)
February 27, 2008 Filing 30
NOTICE by Typhoon Touch Technologies, Inc Certificate of Conference to Motion for Leave to File Under Seal (Yarbrough, Herbert)
February 25, 2008 Filing 26
"Motion for Leave to File Under Seal by Typhoon Touch Technologies, Inc. (Attachments: # 1 Text of Proposed Order)(See Doc 30 For Cert of Conf)(Yarbrough, Herbert) Modified on 2/27/2008 (rvw, ).
February 22, 2008 Filing 25
NOTICE by Typhoon Touch Technologies, Inc Plaintiffs' Notice That Case is Ready for Scheduling Conference (Yarbrough, Herbert)
February 20, 2008 Filing 24
ANSWER to Counterclaim of Defendant Dell, Inc. by Typhoon Touch Technologies, Inc. and Nova Mobility Systems Inc(Yarbrough, Herbert) Modified on 2/20/2008 (rvw, ).
February 15, 2008 Filing 23
ANSWER to Complaint with Jury Demand by Motion Computing, Inc.(Tyler, Marvin)
February 13, 2008 Opinion or Order Filing 22
ORDER granting 21 Motion for Extension of Time to Answer re 21 Joint MOTION for Extension of Time to File Answer Third Joint Motion for Extension of Time for Motion Computing, Inc. to File Its Answer to Plaintiffs' Original Complaint. Motion Computing's answer is due by 2/15/08. Signed by Judge Leonard Davis on 2/12/08. (mjc )
February 11, 2008 Filing 21
Joint MOTION for Extension of Time to File Answer Third Joint Motion for Extension of Time for Motion Computing, Inc. to File Its Answer to Plaintiffs' Original Complaint by Typhoon Touch Technologies, Inc. (Attachments: # 1 Text of Proposed Order)(Yarbrough, Herbert)
February 1, 2008 Opinion or Order Filing 20
ORDER granting 16 Motion for Extension of Time to Answer re 16 Second MOTION for Extension of Time to File Answer of Motion Computing, Inc. to Plaintiff's Original Complaint. Motion Computing's answer is due by 2/11/08. Signed by Judge Leonard Davis on 2/1/08. (mjc )
January 31, 2008 Filing 19
CORPORATE DISCLOSURE STATEMENT filed by Dell, Inc identifying None as Corporate Parent. (Williams, Roderick)
January 11, 2008 Opinion or Order Filing 14
ORDER for Plaintiff to file a notice, within five days of receipt of the last Defendant's answer, that the case is ready for scheduling conference. The notice shall include a list of any pending motions to dismiss or transfer. Signed by Judge Leonard Davis on 1/10/08. (mjc )
January 9, 2008 Filing 13
APPLICATION to Appear Pro Hac Vice by Attorney Nirav N Desai for Typhoon Touch Technologies, Inc and Nova Mobility Systems, Inc. Fee pd., 6-1-12370. Approved 1/10/08. (mjc )
January 2, 2008 Opinion or Order Filing 11
ORDER granting 9 Motion for Extension of Time to Answer re 1 Complaint. Deft Dell Inc's deadline to answer is extended to 1-31-08. Signed by Judge Leonard Davis on 01/02/08. cc:attys 1-2-08 (mll, )
December 31, 2007 Filing 9
MOTION for Extension of Time to File Answer re 1 Complaint, (Unopposed) by Dell, Inc. (Attachments: # 1 Proposed Order)(Williams, Roderick)
December 28, 2007 Filing 8
NOTICE of Attorney Appearance by Marvin Craig Tyler on behalf of Motion Computing, Inc (Tyler, Marvin)
December 27, 2007 Filing 7
Joint MOTION for Extension of Time to File Answer Joint Motion for Extension of Time for Motion Computing, Inc. to File Its Answer to Plaintiffs' Original Complaint by Typhoon Touch Technologies, Inc. (Attachments: # 1 Text of Proposed Order)(Yarbrough, Herbert)
December 20, 2007 Filing 6
Return of Service Executed as to Dell, Inc on 12/10/2007, answer due: 12/31/2007. (mjc )
December 5, 2007 Filing 2
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Yarbrough, Herbert)
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Plaintiff: Typhoon Touch Technologies, Inc
Represented By: Herbert A Yarbrough, III
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Plaintiff: Nova Mobility Systems, Inc
Represented By: Herbert A Yarbrough, III
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Defendant: Motion Computing, Inc
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Defendant: Dell, Inc
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