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Indianapolis, Indiana – The U.S. Court of Appeals for the Federal Circuit has upheld the district court’s decision and ruled in favor of Eli Lilly regarding validity and infringement of the vitamin regimen patent for Alimta® (pemetrexed for injection).

In the case of Eli Lilly and Company v. Teva Parenteral Medicines, Inc., et al., the court affirmed the earlier district court’s rulings that the vitamin regimen patent is valid and would be infringed by the generic challengers’ proposed products. If the patent is ultimately upheld through all remaining challenges, Alimta would maintain U.S. exclusivity until May 2022, preventing marketing of generic products for as long as the patent remains in force. The Alimta compound patent remains in force through January 24, 2017.

In March 2014, the U.S. Court for the Southern District of Indiana upheld the validity of the vitamin regimen patent. In August 2015, the same court ruled in Lilly’s favor regarding infringement of the vitamin regimen patent.

Indianapolis, Indiana – The Indiana Court of Appeals affirmed the judgment of the Marion Superior Court in litigation between two civil engineering firms, Plaintiff American Structurepoint Inc. and Defendant HWC Engineering Inc.  Three former employees of ASI, also listed as Defendants in the trial court, were listed in this appeal.

This dispute arose in 2014 when ASI employee Martin Knowles left ASI to join HWC as its vice president of operations.  Jonathan Day and David Lancet also left ASI to begin employment at HWC.

These former ASI employees had entered into noncompetition and non-solicitation agreements with ASI.  Despite these agreements, ASI contended in a lawsuit filed in Indiana state court that its former employees engaged in various acts prohibited by the agreements.  ASI claimed that Day had created a list of ASI employees whom he believed might be interested in leaving to join HWC.  ASI also asserted that Day subsequently shared that list with Knowles and called various ASI employees regarding employment with HWC.  ASI alleged that a total of six job offers were made by HWC to ASI employees.  ASI further introduced evidence that Knowles engaged in prohibited business-development activities with ASI clients to ASI’s detriment.

Terre Haute, IndianaJoe Hand Promotions, Inc. of Feasterville, Pennsylvania has sued in the Southern District of Indiana alleging violations of 47 U.S.C. § 605 and 47 U.S.C. § 553.

Joe Hand Promotions specializes in distributing and licensing sporting events to commercial locations such as bars and restaurants.  It is the exclusive domestic distributor of the Ultimate Fighting Championship® series of mixed-martial-arts fights.

Defendant in the lawsuit is Joseph Brush d/b/a Break Time Billiards of Terre Haute, Indiana.  Brush has been accused of illegally intercepting and broadcasting Ultimate Fighting Championship® 198: Werdum v. Miocic, which was telecast nationwide on May 14, 2016.

Chicago, Illinois – The Seventh Circuit Court of Appeals has ruled against Plaintiff Reginald Hart in an intellectual property lawsuit filed against Amazon.com.

Plaintiff Hart, filing pro se, sued Amazon.com, Inc. alleging various state and federal claims, including copyright infringement, aiding and abetting counterfeiting, and intentional infliction of emotional distress.  Hart, the author of two self-published books, Vagabond Natural and Vagabond Spiritual, claimed that Amazon had permitted six counterfeit copies of his books to be advertised for sale and/or sold on its website by third parties.  Hart further claimed that Amazon had “forcefully exploited” the books by counterfeiting them “for its own commercial use.”  He stated that the books, which detailed his experiences as a homeless man, would have generated “millions of dollars for Amazon” and allowed him “to end homelessness [and not only for himself] both in the U.S. and abroad.”

Hart asserted to the court that he was certain that the books were unauthorized reproductions of his works as they did not bear “indicia of authenticity known only to him.”  The indicator that a book was genuine, according to Plaintiff, was his fingernail indentations on the cover of the book.  Plaintiff provided photographs purporting to show both authorized copies of Plaintiff’s books and books alleged to be fake.  The court, however, concluded that the “two types of book are in all respects identical.”

Indianapolis, IndianaKlipsch Group, Inc. of Indianapolis, Indiana filed a lawsuit in the Southern District of Indiana alleging trademark infringement and unfair competition by a “gray market” seller of Klipsch audio equipment.

Defendant in this Indiana trademark litigation is listed only as “Concealedaudio.com,” as Klipsch indicates that the website’s proprietors “conceal[] their true identity from customers by using drop shipping addresses and registering their domain name through a third party.”  Jurisdiction in Indiana is asserted on the grounds that, inter alia, Defendant sells infringing goods in Indiana.

Klipsch contends that Defendant interfered with its intellectual property rights in three Klipsch trademarks.  The trademarks at issue are U.S. Trademark Registration Nos. 978,949; 2,917,215 and 3,863,511.  These registrations, which have been issued by the U.S. Patent and Trademark Office, cover various forms of the KLIPSCH® trademark.

The U.S. Trademark Office issued the following 202 trademark registrations to persons and businesses in Indiana in December 2016 based on applications filed by Indiana trademark attorneys.

Overhauser Law Offices the publisher of this site, assists with US and foreign trademark searches, trademark applications and assists with enforcing trademarks via infringement litigation and licensing.

Registration No.   Word Mark Click To View
5114675 PROMISE TSDR
5116297 GROW TUBS TSDR
5116290 ADOPTION AS A SERVICE TSDR
5114570 B TSDR
5114408 HOOPS TSDR
5114300 AQUAPACER TSDR
5114184 AKESOCARE TSDR
5113919 K9 PREP SCHOOL TSDR
5113656 PRO DAY USA SPORTS. MEASURING. DEVICES. TSDR
5113234 THE VAULT CLUB TSDR
5113123 AKESOCARE TSDR
5112880 INDIANA GROWN TSDR
5109542 SPENSA TSDR
5109459 PINTS FOR PARKINSON’S TSDR
5111491 COMMUNICATION FOR WHOLE HEALTH TSDR
5109344 LAVORO TSDR
5109007 TAP THE TOWN TSDR
5108903 PRINVEO TSDR
5108815 HARMONY SENIOR RELOCATION SERVICES TSDR
5108808 THE 12 PILLARS OF TRANSFORMATION TSDR
5108758 SWEET D’S TSDR
5111394 STAGE FOR CHANGE TSDR
5104746 I CHOOSE CRUZ TSDR
5104614 PENMANISMS TSDR
5104602 FC-ONE TSDR
5104550 SKYLINE TSDR
5104348 POJOLIE TSDR
5104211 SWEET SWAPS SPLENDA TSDR
5104198 JAGS RESTAURANT RELAXED ATMOSPHERE – SERIOUS FOOD TSDR
5104151 STORAGE SQUAD TSDR
5103843 THE BRA BLIND TSDR
5100501 SWAGGER TSDR
5099765 SOAP ORCHARD TSDR
5097638 NEGOTIATOR TSDR
5095522 WE’VE GOT YOUR BACK TSDR
5095457 KENRA TSDR
5095293 PSNOB TSDR
5095265 LET’S TALK ABOUT THE GORILLA IN THE ROOM TSDR
5095098 ZYLO TSDR
5116090 PHOTOMATIC TSDR
5116073 TSDR
5115984 HYDRORAIN TSDR
5115958 HARNESS TSDR
5115936 ARIA TSDR
5112373 ATOCH TSDR
5115900 BRONZE ELEMENTS TSDR
5115791 COMPETITION READY TSDR
5115790 COMPETITION READY TSDR
5112219 PROLEGACY A LEGACY GUARANTEED TSDR
5112195 IARCA TSDR
5112194 IARCA TSDR
5112193 FORERETIREMENT TSDR
5112192 INCOME 150+ TSDR
5115738 VOTAIRE TSDR
5112127 MONUMENTAL MILE TSDR
5112126 MONUMENTAL MARATHON TSDR
5115687 SKAMPCAN TSDR
5115596 QUARLENNIUM TSDR
5115552 NORTHEAST INDIANA POSITIVE RESOURCE CONNECTION TSDR
5112048 CRUM TSDR
5115423 THREE STRING BOOKS TSDR
5115286 CONNEXYOURGOV TSDR
5115164 ADDER SYSTEM TSDR
5115134 CLUSTERTRUCK TSDR
5115104 REBEL HERBS TSDR
5115102 THRIVE TSDR
5115000 SAMMY WATKINS TSDR
5114999 SAMMY WATKINS TSDR
5114947 VACUFORCE TSDR
5114907 SYNFIX EVOLUTION TSDR
5114875 BANKERS LIFE HEALTH ADVANTAGE TSDR
5111343 BETTER BALANCED TSDR
5111295 CORD-CORRAL TSDR
5108117 LIGHTEN UP TSDR
5111132 SHEA’STHEONE TSDR
5111100 TSDR
5107812 ALWAYS USE PROTECTION TSDR
5107772 SECUREFORE 3 TSDR
5107771 SECUREFORE 5 TSDR
5107770 SECUREFORE 7 TSDR
5107769 FORECARE TSDR
5107754 IDS PERFORMANCE COACHING TSDR
5107677 MODA TSDR
5107649 MODA TSDR
5111003 EVERLY TSDR
5110980 TIBERIUS TSDR
5110968 X TSDR
5110946 CIRCULAR INSANITY TSDR
5110945 CHASING 200 TOUR TSDR
5110911 293 GRAPHIC DESIGN TSDR
5110908 POWERV TSDR
5110907 FFL TSDR
5110906 3XS TSDR
5110905 POWERLINK TSDR
5110904 GAFFSTEP TSDR
5110903 TROPIC RELAXATION & SLEEP SHOT TSDR
5110879 TOTAL ROOF TSDR
5110777 EX8000 TSDR
5110775 EX5000 TSDR
5110732 GO! FIGHT! WIN! TSDR
5107501 SAFE T. SAM TSDR
5110696 3 STORIES TRADING COMPANY TSDR
5107472 PIA TSDR
5107435 BOILER BUCKS TSDR
5107421 SIMPLY CHIC TSDR
5110482 TSDR
5110462 EVAC POSITION TSDR
5110413 COHORT TSDR
5110368 MOTION PRO TSDR
5110304 X HIGHLANDER BY HIGHLAND RIDGE RV THERECAN BE ONLY ONE TSDR
5110289 EMU TSDR
5110261 BOND TSDR
5107327 TSDR
5105790 AG-CELERATOR TSDR
5103741 FDC GRAPHIC FILMS, INC. TSDR
5106573 SIGMA KAPPA LIVE WITH HEART TSDR
5106536 SOUTH FORK TSDR
5103416 TACTICAL HONEY PURE HONEY TSDR
5106464 CON-LOG TSDR
5106296 KEGONOMICS TSDR
5103046 DAIRY AMINO SHOT TSDR
5103019 A TSDR
5106158 ARCUS TSDR
5106157 ARCUS TSDR
5106015 AGAPAO TSDR
5105998 293 TSDR
5102845 TEMPUS TECHNOLOGIES TSDR
5105670 LITHIUM SAFE FLEX TSDR
5105669 LITHIUM SAFE FLEX TSDR
5105660 VENTIXDRS TSDR
5106716 THE DOG GYM TSDR
5105534 TRAK-A-DOSE TSDR
5105521 SUNSTRUC TSDR
5105420 THE ORIGINAL STEAKBURGER SHOOTER TSDR
5105374 BANKERS LIFE UNIVERSITY TSDR
5105328 SMARTER AGRICULTURE TSDR
5096463 DAYMAX TSDR
5099433 EASY BUILDING SOLUTIONS TSDR
5099344 CONCENTRIC TSDR
5099334 MY SPIRITUAL ADVISOR TSDR
5099313 CUSTOM BOATS UNLIMITED CBU TSDR
5099251 SALES XCELERATION SALES AGILITY ASSESSMENT TSDR
5099233 CSIA MASTER CHIMNEY SWEEP TSDR
5099199 MASTER CHIMNEY SWEEP CHIMNEY SAFETY INSTITUTE OF AMERICA TSDR
5099182 HOVERSTREAM TSDR
5099081 MPS TSDR
5099066 NANOSHIELD TSDR
5102220 CALIFORNIA COLLECTION TSDR
5101840 CRITICAL BENEFIT PLUS TSDR
5098741 PURE3 RECOVER – RESTORE – REVITALIZE SPORTS RECOVERY MIX TSDR
5098719 GL GREAT LAKES HEATING, AIR CONDITIONING & ELECTRICAL, INC. TSDR
5098444 GREAT LAKES HEATING, AIR CONDITIONING & ELECTRICAL TSDR
5098433 ACCUTRANS TSDR
5101614 MY STYLE TSDR
5101408 BROCK SOLID TSDR
5101406 SAFEGUARDING YOUR GRAIN TSDR
5101342 BEASTWIRE TSDR
5101228 BREWVISION TSDR
5101201 APHIRM TSDR
5101171 FLIP ‘N SEAL TSDR
5101170 THE ORGANIC SHIELD TSDR
5098220 DINERAMA TSDR
5101003 CAN’T LOSE CD TSDR
5101000 COHORT CLOTHING CO TSDR
5100800 IK2ONIC TSDR
5098086 FOUR LOVING PAWS TSDR
5100698 VALLARIA FLOORS! TSDR
5094829 WE MAKE YOU LOOK GOOD! TSDR
5094745 TSDR
5094621 QUICK RESPONSE TSDR
5097333 HUMMINGBIRD TSDR
5094502 CN TSDR
5094322 AEROMET TSDR
5097275 RESTUP TSDR
5094304 WORKING PITBULL KENNEL TSDR
5097140 IMMUNOHUB TSDR
5094089 BACHELOR MEETS BACHELORETTE TSDR
5097050 TRANSFORM MEMORIES TSDR
5096667 CHAIN BOSS TSDR
5093701 PAC-VAN TSDR
5096635 RECRUIT TSDR
5096590 CHAMPION READS TSDR
5096582 CHAMPION READS READ TO LEAD TSDR
5097475 FORT WAYNE AERO CENTER TSDR
5096330 NITATEE TSDR
5096243 COMFORT WIDE TSDR
5096223 CLICK TO ACTIVATE YOUR WITHIN TSDR
5096206 DURANGO TSDR
5093567 TSDR
5096030 SPRINGLEAF FINANCE TSDR
5096002 PAIRINGS TSDR
5095851 ELIMENOX2 TSDR
5095789 ESSENCIL TSDR
5095758 GAMEDAY TRAILERS TSDR
5114787 INTEPRITY TSDR
5109990 JOURNEY WORLD TSDR
5105258 THE NEURO-STIM SYSTEM TSDR
5105257 NEURO-STIM TSDR
5100536 OLIF51 TSDR
5100535 OLIF25 TSDR
5095712 WEEKEND WARRIOR TSDR
5095648 FLEXOR 180 TSDR

The U.S. Patent Office issued the following 169 patent registrations to persons and businesses in Indiana in December 2016, based on applications filed by Indiana patent attorneys.

Overhauser Law Offices, the publisher of this site, assists with US and foreign patent searches, patent applications and assists with enforcing patents via infringement litigation and licensing.

Patent No. Title
1 D775,281 Infant toy
2 D775,080 Desktop receptacle
3 9,531,721 Networked access control system
4 9,531,010 Paper-based lithium-ion batteries
5 9,528,986 Immunological test element with control zone for identifying hook effect
6 9,528,977 Simplified storage of at least one test element including a dry reagent layer having an enzyme and a stabilized coenzyme
7 9,528,885 Wireless sensor for rotating elements
8 9,528,518 System, apparatus and methods for diverting airflow to a pressure source
9 9,528,432 System for controlling an air handling system including an electric motor assisted variable geometry turbocharger
10 9,528,420 System and method for creating catalyst OBD limit parts for exhaust aftertreatment applications
11 9,528,418 Single sensor monitoring system for multiple after-treatment systems on engines
12 9,528,414 Diesel exhaust fluid deposit mitigation
13 9,528,268 Methods of making and using a self adhering roofing membrane
14 9,528,250 Hose weight for a faucet
15 9,527,909 Antibodies to tau and uses thereof
16 9,527,837 Inhibitors of EZH2
17 9,527,777 Compliant layer for ceramic components and methods of forming the same
18 9,527,655 Spray paint marking system with locating dispenser guard
19 9,527,380 Cap-installation signal system for filler neck cap
20 9,527,358 Gas spring end members as well as gas spring assemblies including same
21 9,527,341 Extruded board with realistic appearance
22 9,527,194 Polyaxial ratchet tool
23 9,527,183 System for confining particulate residue in a machining operation
24 9,527,178 Apparatus for inverting large panels
25 9,527,134 Method of producing textured surfaces
26 9,527,097 Spray coating system and method
27 9,526,875 Adjustable length dilation balloon
28 9,526,872 Introducer assembly extension and method of use
29 9,526,828 Flow-controlling catheter hub
30 9,526,821 Blood separation and concentration system
31 9,526,802 Nucleic acid complexes
32 9,526,733 ERK inhibitors
33 9,526,639 Medical device having magnetically expandable frame
34 9,526,619 Partial joint resurfacing implant, instrumentation, and method
35 9,526,605 Multi valve anti-reflux prosthesis
36 9,526,600 Biodegradable stents and methods for treating periodontal disease
37 9,526,570 Tissue cutting cap
38 9,526,532 Interbody device and plate for spinal stabilization and instruments for positioning same
39 9,526,487 Methods and apparatuses for delivering anchoring devices into body passage walls
40 9,526,484 Implantable graft to close a fistula
41 9,526,379 Enclosure with storage
42 9,526,348 Person support systems
43 9,526,336 Storage system
44 9,526,244 Safened herbicidal compositions comprising pyridine carboxylic acids
45 9,526,230 Pet toy
46 9,526,221 Hybrid corn variety 2244440
47 9,526,220 Low saturated-fat sunflower and associated methods
48 D774,347 Lounge end
49 9,525,743 System and method for predictive live interaction offering and hosting
50 9,525,683 Secret supplemental username
51 9,525,325 Liquid-cooled rotary electric machine having axial end cooling
52 9,524,806 Hybrid transparent conducting materials
53 9,524,630 Radon mitigation system monitoring having a fluid flow switch with an adjustable wing
54 9,523,549 Crossbow trigger mechanism
55 9,523,449 Pipe coupling
56 9,523,319 Techniques for raising exhaust temperatures
57 9,523,217 Variable section key and lock
58 9,523,203 Fire-resistant roof system and membrane composite
59 9,523,149 Rapid ceramic matrix composite production method
60 9,523,100 Pesticidal compositions and related methods
61 9,523,098 Targeted modification of malate dehydrogenase
62 9,522,923 Selective BACE1 inhibitors
63 9,522,900 Process for the preparation of 3-(3-chloro-1H-pyrazol-1-yl)pyridine
64 9,522,887 Process for the preparation of dibromohydroxypicolinonitrile
65 9,522,881 Hydroxyindole carboxylic acid based inhibitors for oncogenic Src homology-2 domain containing protein tyrosine phosphatase-2 (SHP2)
66 9,522,566 Method for the mask-etching of a piercing element
67 9,522,547 Printing system and method therefor
68 9,522,314 Golf green divot repair tool
69 9,522,264 Ratchet-slide handle and system for fiducial deployment
70 9,522,258 Clot removal system and method
71 9,522,227 Manufacturing method a structural part with a cannula, a cannula, a structural part, an insertion head and an insertion device with the cannula
72 9,522,093 Casket hardware attachment structure
73 9,522,073 Orientation markers for endovascular delivery system
74 9,522,010 Patient-specific orthopedic instruments
75 9,521,996 Surgical retractor device
76 9,521,847 Synergistic weed control from applications of pyridine carboxylic acid herbicides and synthetic auxin herbicides and/or auxin transport inhibitors
77 D773,958 Storage tank for dump body
78 D773,947 Detector device
79 D773,856 Hanger for an end cap
80 D773,847 Soap dispenser
81 D773,836 Robe hook
82 D773,809 Bag
83 9,520,241 Graphene supported vanadium oxide monolayer capacitor material and method of making the same
84 9,520,038 Copper theft alarm for grain bin systems
85 9,519,035 Magnetic tampering detection and correction in a utility meter
86 9,518,990 Secernin-1 as a marker for cancer
87 9,518,898 Cryogenic storage container with sealing closure and methods of using the same
88 9,518,812 Self-adjusting door thickness indicator
89 9,518,803 Automatic pin adjustment indicator for archery sights
90 9,518,638 Multi-speed transmission
91 9,518,528 System and method for fuel injector on-time calculation using fuel system pressure prediction
92 9,518,519 Transient control of exhaust gas recirculation systems through mixer control valves
93 9,518,510 Blower for use with air particle separator
94 9,518,497 System and method for determining the net output torque from a waste heat recovery system
95 9,518,483 Cam rocker lever for operating valves
96 9,518,382 Faucet mounting anchor
97 9,518,268 Drought tolerant transgenic plants and method of making same
98 9,518,114 Treating bladder tumor cells using fibronectin attachment protein as a target
99 9,518,088 Peptide-phospholipid conjugates
100 9,518,019 Process for the preparation of 4-amino-5-fluoro-3-chloro-6-(substituted)picolinates
101 9,518,018 3-alkoxy, thioalkyl and amino-4-amino-6-(substituted)picolinates and their use as herbicides
102 9,517,922 Evacuated bottle system
103 9,517,843 Generator for flight vehicle
104 9,517,730 Panel shelf system
105 9,517,698 System and method for power management during regeneration mode in hybrid electric vehicles
106 9,517,572 Apparatuses for cutting food products
107 9,517,457 Aftertreatment systems with reduced N.sub.2O generation
108 9,517,361 Crystal encapsulated nanoparticles methods and compositions
109 9,517,339 Method and system for training an individual
110 9,517,246 Chitosan derivatives for inactivation of endotoxins and surface protection of nanoparticles
111 9,517,237 Compounds and methods for treating multiple sclerosis
112 9,517,147 Helical arm tie down
113 9,517,145 Guide alignment system and method
114 9,517,143 Adaptable interbody implant and methods of use
115 9,517,138 Stabilizing prosthesis support structure
116 9,517,123 Endovascular prosthesis and a method of connecting a structural component and a woven graft material
117 9,517,105 Movable holder for medical instruments and associated methods
118 9,517,098 Bone fusion device
119 9,517,091 Locking mechanism
120 9,517,079 Tibial resection systems and methods for cruciate ligament retainment
121 9,517,035 Distributed healthcare communication system
122 9,517,034 Healthcare communication system for programming bed alarms
123 9,516,873 Equipment designs for applying agricultural management materials
124 9,516,850 Wheat cultivar HY 271-SRW and compositions and methods of using the same
125 D773,650 Automatic injection device
126 D773,395 Genset enclosure
127 D773,271 Clamp ring
128 D773,205 Towel ring
129 9,516,788 Heat generating electric device having carbon nanotube housing and thermal storage medium
130 9,515,447 Titanium-doped amorphous aluminum nitride microlaser device and method for making and using same
131 9,514,585 Wireless electronic lock system and method
132 9,514,581 Diagnostic system for a vehicle
133 9,514,580 Fault code hierarchy system
134 9,514,271 Digital holographic method of measuring cellular activity and measuring apparatus with improved stability
135 9,513,899 System wide firmware updates to networked hospital beds
136 9,513,200 Determination of a threshold crack length
137 9,513,085 Automatic pin adjustment for archery sights
138 9,513,053 Methods and apparatuses for drying electronic devices
139 9,512,911 Split power continuously variable transmission architecture incorporating a planetary type ball variator with multiple fixed ranges
140 9,512,905 Multi-speed transmission
141 9,512,836 Fuel pump for an internal combustion engine
142 9,512,805 Continuous detonation combustion engine and system
143 9,512,761 Systems and methods for NO.sub.x reduction and aftertreatment control using passive NO.sub.x adsorption
144 9,512,638 Leaf spring lock cylinder
145 9,512,437 Genetic mutations that disrupt dhurrin production in sorghum
146 9,512,192 Collagen-binding synthetic peptidoglycans, preparation, and methods of use
147 9,512,166 Cocrystals of progesterone
148 9,512,140 (Thieno[2,3-b][1,5]benzoxazepin-4-yl)piperazin-1-yl compounds as dual activity H1 inverse agonists/5-HT.sub.2A antagonists
149 9,512,099 Compounds for inhibition of memapsin 1
150 9,512,044 Ceramic matrix composites and methods for producing ceramic matrix composites
151 9,511,643 End member and gas spring assembly including same
152 9,511,271 Two stage progressive resistance trainer
153 9,511,077 Medical devices and methods comprising an anabolic agent for wound healing
154 9,511,018 Clonidine compounds in a biodegradable matrix
155 9,510,963 Endograft introducer and a capsule assembly for an endograft introducer
156 9,510,956 Prosthetic system
157 9,510,952 Glenoid trial and implant assembly for reverse total shoulder arthroplasty and method of use
158 9,510,950 Modular lateral hip auguments
159 9,510,934 Implantable medical device having a sleeve
160 9,510,883 Implant anchoring device
161 9,510,880 Polyaxial locking mechanism
162 9,510,879 Flexible plate fixation of bone fractures
163 9,510,859 Clamping assembly with links
164 9,510,821 Method and apparatus for coupling anatomical features
165 9,510,819 Soft tissue repair device and associated methods
166 9,510,687 Method and system for controlling evaporative and heat withdrawal from a patient support surface
167 9,510,592 Pesticidal compositions and processes related thereto
168 9,510,557 Non V-bank filter for animal confinement facility
169 9,510,534 Soybean variety 10CR149116

Fort Wayne, Indiana – Super 8 Worldwide, Inc. f/k/a Super 8 Motels, Inc. of Parsippany, New Jersey sued in the Northern District of Indiana alleging trademark infringement and other wrongdoings.

Plaintiff Super 8 operates a franchise system for guest lodging.  It claims ownership to the SUPER 8® service mark as well as various related trade names, trademarks and service marks, some of which have been registered with the U.S. Patent and Trademark Office.  It estimates the value of the entity’s goodwill to exceed hundreds of millions of dollars.

In this Indiana intellectual property lawsuit, Super 8 alleges that former franchisees have violated the terms of a franchise agreement entered into with Super 8.  Three Indianapolis Defendants were listed: Auburn Lodging Associates, LLP (“ALA”), Kokila Patel and Dilip Patel.  A fourth Defendant Chicago Capital Holdings, LLC (“CCH”) of Hinsdale, Illinois was also named.

Indianapolis, Indiana – Eli Lilly and Company of Indianapolis, Indiana filed a lawsuit in the Southern District of Indiana alleging patent infringement.

Defendant is Hospira, Inc. of Lake Forest, Illinois.  It has been accused of infringing U.S. Patent No. 7,772,209 (the “‘209 patent”) by the filing of a New Drug Application (“NDA”) with the U.S. Food and Drug Administration (“FDA”) seeking approval to manufacture and sell a pharmaceutical product, “Pemetrexed for Injection,” in various concentrations.  In its filing with the FDA, Hospira contended that the claims of Lilly’s patent are “invalid, unenforceable, and/or not infringed by the manufacture, use, offer for sale, or sale of Hospira’s NDA Products.”

Lilly contends that this product will compete with Alimta®, which also consists of the pharmaceutical chemical pemetrexed disodium.  Alimta is used as a chemotherapy agent to treat certain types of cancer.

Indianapolis, Indiana – Plaintiffs Acushnet Company of Fairhaven, Massachusetts, Roger Cleveland Golf Company, Inc. of Huntington Beach, California and Dunlop Sports Co. Ltd. of Hyogo, Japan filed a trademark lawsuit in the Southern District of Indiana.  This intellectual property litigation, commenced by an Indiana trademark litigator for Plaintiffs, was filed against both an individual and a business entity.

Listed as Defendants in this lawsuit are Giorgio Nunns a/k/a George Nunns a/k/a Georgie Nunns a/k/a Giorgio, an individual, and Custom Golf Solutions, LLC, individually and jointly, doing business under the names “bogie’s nearly new golf,” “gnunns81” and “golfcustomsolutions15.”  Defendants operate in Indianapolis and Carmel, Indiana.

Defendants are accused of engaging in the sale of counterfeit products and infringing upon Plaintiffs’ trademarks.  The following trademarks, to which Acushnet claims ownership and/or an exclusive license, are at issue:

Trademark Registration No. Registration Date Class/Goods
 Tiltleist 1,155,766 26 May 1981 IC 28: golf equipment, namely golf balls, golf clubs and golf bags.
 T 3,376,961 5 February 2008 IC 24: golf towels

IC 25: golf clothing, namely jackets, shirts, hats and visors.

IC 28: golf equipment, namely golf putters, golf club head covers, golf club grips and divot tools.

 crown 2,620,432 17 September 2002 IC 28: golf clubs and accessories, namely golf tees, golf gloves, golf bags, golf putters, golf drivers, golf woods, golf irons, golf green repair tools, golf club covers and golf bag covers.
 ScottCameron 3,421,373 6 May 2008 IC 28: golf equipment, namely golf bags.

Further, Plaintiff Cleveland Golf asserts ownership of the following federal trademarks, also at issue in this lawsuit:

Trademark Registration No. Registration Date Class/Goods
 cleveland 2,070,051 10 June 1997 IC 18: carry all bags and umbrellas

IC 25: golf apparel, namely shirts, caps, visors, sweatshirts, and sweater vests.

IC 28: golf clubs, golf club heads, golf club shafts, golf club grips, golf bags, golf bag covers, and golf club head covers.

 cg 2,302,251 21 December 1999 IC 28: golf clubs, and golf club heads, namely woods, irons, and putters.

Plaintiffs state that Defendants are “manufacturing, promoting and otherwise advertising, distributing, selling, and offering for sale…golf clubs and golf accessories…which are counterfeits and/or infringements” of Plaintiffs’ trademarks.  Plaintiffs further contend that Defendants’ goods are of a “different quality” from Plaintiffs’ “high quality products.”

Plaintiffs assert that Defendants’ acts damage Plaintiffs’ brands and constitute a fraud upon the public.  The claims in this lawsuit, brought in Indiana federal court, are as follows:

  • Count I: Trademark Counterfeiting
  • Count II: Trademark Infringement
  • Count III: False Designation of Origin Pursuant to § 43(a) of the Lanham Act
  • Count IV: Common Law Trademark Infringement
  • Count V: Civil Action under Indiana Code § 34-24-3-1 for Recovery of Damages, Costs, and Fees Arising from Defendants’ Conversion in Violation of Indiana Code § 35-43-4-3
  • Count VI: Civil Action under Indiana Code § 34-24-3-1 for Recovery of Damages, Costs, and Fees Arising from Defendants’ Forgery in Violation of Indiana Code § 35-43-5-2(b)
  • Count VII: Civil Action under Indiana Code § 34-24-3-1 for Recovery of Damages, Costs, and Fees Arising from Defendants’ Counterfeiting in Violation of Indiana Code § 35-43-5-2(a)
  • Count VIII: Civil Action under Indiana Code § 34-24-3-1 for Recover [sic] of Damages, Costs and Fees Arising from Defendants’ Theft in Violation of Indiana Code § 35-43-4-2
  • Count IX: Civil Action under Indiana Code § 34-24-3-1 for Recovery of Damages, Costs and Fees Arising from Defendants’ Criminal Mischief in Violation of Indiana Code § 35-43-1-2

Plaintiffs ask the court for statutory damages of $2 million for each counterfeit as well as injunctive relief, costs and attorneys’ fees.

The case was assigned to District Judge Richard L. Young and Magistrate Judge Tim A. Baker in the Southern District and assigned Case No. 1:16-cv-03379-RLY-TAB.

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