Clear With Computers, LLC v. Kinze Manufacturing, Inc. DC

Clear with Computers (CWC) [NPE], an enforcement entity controlled by IP Navigation (IPNav), filed 14 separate suits against industrial equipment companies AGCO, Arctic Cat, Astec Industries, Clark Equipment Company, CNH America, ECHO, ET Works, Husqvarna, JCB Manufacturing, Kinze Manufacturing, Kubota Tractor, Terex, TMBC, Tracker Marine Retail, and Swisher Acquisition, alleging that the defendants’ websites infringe two patents related to software for customized product selection.  CWC (and  related entity Orion IP) have filed suits against more than 230 defendants in suits filed since 2004. All of the suits have involved a related family of patents IPNav acquired from Firepond in 2004. Of the two patents asserted in the current suits (5,635,776 and 7,606,739) the ’776 has not previously been asserted in litigation. The ’739 patent was the subject of two suits filed in 2009 (6:2009-cv-00481 and 6:2009-cv-00139). In June 2011, a jury returned a verdict in favor of CWC against defendant, Hyundai. In a final judgment entered by Judge Leonard Davis on January 26, 2012, Judge Davis awarded CWC more than $13 million in damages and an ongoing royalty of $21,000 per day for the remaining life of the ’739 patent.9/12, Eastern District of Texas, 6:2012cv00622; 6:2012cv00623; 6:2012cv00624; 6:2012cv00625; 6:2012cv00626; 6:2012cv00627; 6:2012cv00628; 6:2012cv00629; 6:2012cv00630; 6:2012cv00631; 6:2012cv00632; 6:2012cv00633; 6:2012cv00634; 6:2012cv00635.