Indiana Intellectual Property Law News

June 11, 2021

Indiana Patent Infringement Litigation: Indiana-Based Digger Specialties, Inc. Sued for Alleged Patent Infringement

South Bend, Indiana – Apparently Fortress Iron L.P. (“Fortress”), the Plaintiff, is in the business of providing innovative building products including its FortressCable V-Series steel cable railing protected by U.S. Patent No. 10,883,290 (the “‘290 Patent”). Fortress claims Digger Specialties, Inc. (“Digger”), the Defendant, has been manufacturing and selling its Westbury VertiCable aluminum railing (the “Infringing Product”) that infringes the ‘290 Patent since at least 2018. While the ‘290 Patent issued on January 5, 2021, it allegedly claimed priority to U.S. Provisional Application No. 61/979,055 filed on April 14, 2014. Fortress is claiming Digger is liable for damages, interest, and costs pursuant to 35 U.S.C. § 284.

June 7, 2021

Patent Office Issues 180 Patents to Indiana Citizens in May 2021

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 180 patent registrations to persons and businesses in Indiana in May 2021, based on applications filed by Indiana patent attorneys:

	Patent No.	Title
1	D0920,483	Faucet spout
2	D0920,443	Playhouse
3	D0920,363	Display screen with a graphical user interface
4	D0920,362	Display screen with a graphical user interface
5	D0920,350	Display screen with animated graphical user interface
6	D0920,349	Display screen with a graphical user interface
7	D0920,248	Vehicle alternator drive
8	D0920,019	Display stand
9	D0919,997	Chair back
10	11018610	Motor drive system and method
11	11017899	Pairing and synchronizing a mobile phone application with a handheld glucose meter
12	11017563	Referencing system
13	11016098	Method for determining a concentration of a target analyte in a sample of bodily fluid
14	11016079	Integrated membrane sensor for rapid molecular detection
15	11015812	Combustor bolted segmented architecture
16	11015556	Electronic filter detection feature for liquid filtration systems
17	11015553	Exhaust gas recirculation and control with twin scroll turbines
18	11015548	Systems and methods for reducing rail pressure in a common rail fuel system
19	11015540	Systems and methods for in-cylinder fuel dosing for exhaust aftertreatment system thermal management
20	11015532	Parallel starter/generator and air turbine starter
21	11015526	Oil flow enhancer bearing assembly
22	11015519	Early intake valve closing and variable geometry turbocharger control
23	11015503	Exhaust component assembly with heating element and carved substrate
24	11015485	Seal ring for turbine shroud in gas turbine engine with arch-style support
25	11015476	Electrical energy generating system
26	11015475	Passive blade tip clearance control system for gas turbine engine
27	11015369	Electronic door lock assembly preload compensation system
28	11014891	Reduction-triggered antibacterial sideromycins
29	11014722	Drink cup lid
30	11014686	Dynamic power demand allocation on redundant power buses
31	11014618	Rear fairing assemblies for a cargo enclosure
32	11014513	Control of low pressure generator for gas turbine engine
33	11014444	Capless closure assembly for fuel-tank filler pipe
34	11014442	Fuel tank fill pipe assembly
35	11014441	Closure assembly for fuel-tank filler neck
36	11014291	Methods and systems for producing boat molds by additive manufacturing
37	11014279	Machine and method for forming articles
38	11014271	Method and apparatus for molding columns
39	11013933	Method and device for annihilation of methicillin-resistant Staphylococcus aureus
40	11013888	Catheters and systems useful for delivery of material to the lung
41	11013831	Methods of synthesis for a thioketal diol
42	11013570	Multi-site surgical drape apparatus
43	11013536	Fastener assembly including contact pin
44	11013432	Medical device for detecting at least one analyte in a body fluid
45	11013418	Identification of device location in healthcare facility
46	11013326	Floating shelf bracket with height adjustment system
47	11013206	Cotton variety PX2A23W3FE
48	11013205	Cotton variety PX4A57W3FE
49	11013204	Cotton variety PX3A82W3FE
50	11013203	Cotton variety PX3A99W3FE
51	11013202	Cotton variety PX4A52W3FE
52	11013201	Cotton variety PX4A54W3FE
53	RE048,560	Broadhead
54	RE048,555	Breathable and microporous thin thermoplastic film
55	D0919,770	Faucet spout
56	D0919,769	Faucet spout
57	D0919,768	Faucet body
58	D0919,767	Faucet spout
59	D0919,764	Faucet handle
60	D0919,757	Faucet
61	D0919,642	Display screen with transitional graphical user interface
62	D0919,425	Container
63	11011267	Bed/room/patient association systems and methods
64	11009499	Method and apparatus for determining properties of a laboratory sample contained in a laboratory sample container by tomographic reconstruction
65	11009456	Method of phase contrasting
66	11009085	Electromagnetic clutch for gas turbine accessories
67	11008981	Engine arrangements with EGR systems
68	11008973	Engine cooling system including cooled exhaust seats
69	11008972	Systems and methods for avoiding structural failure resulting from hot high cycles using a cylinder head cooling arrangement
70	11008953	Systems and methods for cylinder deactivation in dedicated EGR engine
71	11008952	Vacuum and compression release braking in spark-ignited engines
72	11008945	Accessory gearbox with oppositely disposed starter/generator and air turbine starter
73	11008944	Coaxial starter/generator and air turbine starter
74	11008939	Adaptable inertial particle separator
75	11008922	System and method for diagnosing health of an exhaust aftertreatment system
76	11008888	Turbine vane assembly with ceramic matrix composite components
77	11008887	Fan containment assembly having a nesting cavity
78	11008884	Gensets and methods of producing gensets from an engine and generator for hybrid electric propulsion
79	11008882	Blade tip clearance assembly
80	11008881	Shroud cartridge having a ceramic matrix composite seal segment
81	11008876	Abrasive tips for ceramic matrix composite blades and methods for making the same
82	11008658	Controlled growth of ultranarrow nanowires on functionalized 2D materials
83	11008652	Swirled flow chemical vapor deposition
84	11008578	Engineered landing pads for gene targeting in plants
85	11008362	Malonyl-coenzyme A mimics as fatty acid synthase inhibitors and methods of use
86	11008336	Compounds useful for inhibiting ROR.gamma.t
87	11008298	Synthesis of 5-hydroxymethylfurfural
88	11008263	Reactive burning rate accelerators, solid energetic materials comprising the same, and methods of using the same
89	11008203	Automatic adapter spotting for automotive lift
90	11008179	Conveying system with high speed lane divider
91	11008143	Closure for container with informational and/or anti-counterfeiting capabilities
92	11008142	Lid and scoop for a container
93	11008051	Interlocking composite core and method
94	11007955	Low pressure generator with electrical assembly for gas turbine engine
95	11007098	Layered graduated lateral rotation apparatus
96	11007097	Dynamic apnea therapy surface
97	11007069	Knee sizing and balancing instrument
98	11006965	Occluding device and method of occluding fluid flow through a body vessel
99	11006608	Cotton variety PX4A62W3FE
100	11006601	Maize inbred 8MMDD2069
101	D0919,193	Divider panel for an animal enclosure
102	D0919,057	Tub spout
103	D0919056	Faucet spout
104	D0919,054	Faucet
105	D0919,053	Faucet
106	D0918,618	Towel bar
107	11005575	Wireless sensors in medical environments
108	11004643	Remote controlled circuit breaker panel system
109	11004555	System and method considering the effect of physical activity on the glucoregulatory system
110	11003849	Technologies for valid dependency parsing in casual text
111	11003160	Method and system for z-axis impact resistance for machining
112	11002749	Calibration method
113	11002726	Test element analysis system
114	11002652	Apparatus to measure mechanical properties of electrodes during electrochemical reactions and method of using the same
115	11002526	Position determining system
116	11002284	Impeller shroud with thermal actuator for clearance control in a centrifugal compressor
117	11002217	Stabilized engine casting core assembly, method for making an engine body, and engine body formed thereby
118	11002203	Reference value engine control systems and methods
119	11002202	Deep reinforcement learning for air handling control
120	11002171	Exhaust heat recovery and acoustic valve with exhaust gas recirculation features
121	11002143	Impingement tubes for gas turbine engine assemblies with ceramic matrix composite components
122	11002055	Door control armature assemblies
123	11001994	Reduced profile faucet handle assembly
124	11001903	Wall member useful in quenching
125	11001602	Diarylsulfide backbone containing photolabile protecting groups
126	11001596	7-phenylethylamino-4H-pyrimido[4,5-d][1,3]oxazin-2-one compounds as mutant IDH1 and IDH2 inhibitors
127	11001559	4-substituted aminoisoquinoline derivatives
128	11001265	Systems and methods of adjusting operating parameters of a vehicle based on vehicle duty cycles
129	11001250	Waste heat recovery hybrid power drive
130	11001189	Interlocking, quick-release horizontal logistic track
131	11001188	Awning header with integral marker lights and/or camera
132	11000975	Methods of making hydrophobic contoured surfaces and hydrophobic contoured surfaces and devices made therefrom
133	11000848	Determining a quantity of an analyte in a blood sample
134	11000747	Basketball rim assemblies
135	11000670	Flexible sheath with varying durometer
136	11000479	Injectable long-acting naltrexone microparticle compositions
137	11000356	Spinal implant packaging
138	11000327	Bone defect repair apparatus and method
139	11000233	Medical sensor assembly
140	11000148	Beverage-brewing package
141	11000082	Assistive glove for artificial hands
142	11000024	Selective detection of bed bugs
143	11000013	Animal training transmitter comprising detachable finger button
144	11000004	Soybean variety 5PLVG49
145	D0918,484	Divider panel for an animal enclosure
146	D0918,345	Faucet handle
147	10999673	Thin speaker with curved or angled structure
148	10998925	Wearable health monitoring system and method using human body communication
149	10998178	Systems and methods for sample analysis using swabs
150	10997806	Wireless credential proximity control
151	10997680	Network design and optimization
152	10996277	System and methods for accommodating loss of battery charge history
153	10996233	Laboratory sample distribution system and laboratory automation system
154	10996229	Use of IGFBP-7 in the assessment of heart failure
155	10996184	Electrode configuration for a biosensor
156	10996140	Gas turbine engine probes and methods of detecting an engine condition
157	10995879	Microelectronic thermal valve
158	10995838	Continuously variable transmission
159	10995656	Supplement thermal management system cooling using thermoelectric cooling
160	10995650	Heat shield for bellows
161	10995647	Systems and methods for using oxygen to diagnose in-range rationality for NOx sensors
162	10995642	Increase aftertreatment temperature during light load operation
163	10995627	Turbine shroud with forward case and full hoop blade track
164	10995623	Ceramic matrix composite turbine blade with abrasive tip
165	10995481	Toilet with overflow protection
166	10995377	Genetic locus associated with phytophthora root and stem rot in soybean
167	10995282	Process for converting C2-C5 hydrocarbons to gasoline and diesel fuel blendstocks
168	10994697	Restraint system for an occupant seat mounted in a motor vehicle
169	10994638	Web management system
170	10994597	Energy storage system for electric vehicles
171	10994110	Apparatus and methods for delivering therapeutic agents
172	10994030	Compositions and methods for measuring and expanding blood volume
173	10993864	Bracket attachment apparatus for dual column surgical table
174	10993823	Systems and methods for deploying a portion of a stent using at least one coiled member
175	10993786	Orthodontic bracket having fixed ligating tabs
176	10993753	Bone screw and method of manufacture
177	10993742	Endoscopic needle stylet with enhanced-flexibility lengths
178	10993589	Rolled paper dispenser
179	10993440	Molecules having pesticidal utility, and intermediates, compositions, and processes related thereto
180	10993368	Spread control mechanism

June 3, 2021

187 Trademark Registrations Issued to Indiana

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 187 trademark registrations to persons and businesses in Indiana in May 2021 based on applications filed by Indiana trademark attorneys:

Reg. Number		Word Mark
6363617		BADDIE IN HER BAG
6362805		MOCATI
6362711		PAPERWAVE
6362680		GRANDEZ-PRODUCTS

June 1, 2021

Indiana Copyright Infringement Litigation: Two Marion County Residents Sued for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – LHF Productions, Inc. and Fallen Productions, Inc. (the “Plaintiffs”) own copyrights for the screen plays and motion pictures London Has Fallen (Certificate Number PA0001982831) and Angel Has Fallen (Certificate Number PA2197434) (hereinafter the “Works”), respectively. The Plaintiffs claim Derek S. Dueker (“Dueker”) and Doel aka byanski@gmail.com (“Doel” and collectively the “Defendants”) “registered for accounts with a notorious piracy website referred to as YTS” (the “YTS Website”). According to the Complaint, Dueker downloaded, reproduced, and shared copies of the Works numerous times in 2019. Doel also allegedly downloaded, reproduced, and shared copies of Angel Has Fallen.

According to the Complaint, Dueker and Plaintiffs entered into a settlement agreement in which Dueker would provide certain information relating to the copyright infringement along with paying $950. However, Plaintiffs claim Dueker failed to provide the signed declaration or pay the $950 as required by the agreement.

The Plaintiffs are seeking damages for direct copyright infringement in violation of 17 U.S.C. §§ 106 and 501. Plaintiffs are further claiming willful contributory copyright infringement in violation of 17 U.S.C. § 504(c)(2). Third, Plaintiffs claim Defendants knowingly concealed infringement of the Works by removing or altering the copyright management information in violation of the Digital Millennium Copyright Act, 17 U.S.C. § 1202. Finally, Plaintiffs are suing Dueker for breach of contract.

May 27, 2021

Eli Lilly and Company Files Patent Infringement Lawsuit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Eli Lilly and Company (“Lilly”), the Plaintiff, apparently owns by assignment U.S. Patent No. 7,772,209 (the “‘209 Patent). According to the Complaint, Shilpa Medicare Limited (“Shilpa”), the Defendant, notified Lilly on November 12, 2020 that it had submitted to the U.S. Food and Drug Administration (“FDA”) a New Drug Application (“NDA”) seeking approval to manufacture and sell its Pemetrexed Injection products (“Shilpa’s NDA Products”) prior to the expiration of the ‘209 Patent. Apparently, that notification triggered “a forty-five-day period for Lilly to bring an action for patent infringement under the FDCA.”

Lilly is seeking a judgment that Shilpa has infringed the ‘209 Patent. Further, Lilly is seeking a “judgment ordering that the effective date of any FDA approval for Shilpa to make, use, offer for sale, sell, market, distribute, or import Shilpa’s NDA Products . . . be not earlier than the expiration date of the ‘209 patent.” In addition, Lilly is seeking a preliminary and permanent injunction and a declaration that this is an exceptional case pursuant to 35 U.S.C. § 285.

March 30, 2021

132 Indiana Trademarks Issued to Indiana Companies in February 2021

By Overhauser Law Offices, LLC

The U.S. Trademark Office issued the following 132 trademark registrations to persons and businesses in Indiana in February 2021 based on applications filed by Indiana trademark attorneys:

	Reg. Number	Word Mark
1	6261981	HOPE-FULL LIVING
2	6277718	CZ ZEROCARB LYFE
3	6277112	FIRST CLASS LIFE
4	6276978	MARKETTREND
5	6276678	XSOFT

March 26, 2021

Honorable Tanya Walton-Pratt Sworn in as Chief Judge

By Overhauser Law Offices, LLC

The United States District Court for the Southern District of Indiana is under new leadership. The Honorable Tanya Walton-Pratt was sworn in on March 20, 2021 and is the first person of color to serve as the Southern District of Indiana’s chief judge. She succeeds Judge Jane E. Magnus-Stinson. Chief Judge Pratt was appointed as a district judge on June 15, 2010, becoming the first African-American federal judge in Indiana history.

Chief Judge Pratt was elected Marion Superior Court Judge in November 1996. She also served as Master Commissioner for the Marion Superior Court since 1993 after practicing privately. From 1997 to 2008, Chief Judge Pratt served as Presiding Judge of the Criminal Division of the Superior Court, handling major felonies, presiding over 20 to 35 jury trials a year, as well as supervising the juvenile detention center. From 2008 until her appointment to the bench of the District Court, she served as a judge in the Marion Superior Court, Probate Division.

March 16, 2021

Indiana Resident Sues Amazon for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Allen L. Asher-Butler (“Asher”), the Plaintiff, claims he designed and illustrated the covers for at least four books (the “Books”). Asher claims Defendants, Amazon-KDP and Jeffrey Bezo (collectively “Amazon”) have been selling the Books authored by William “Will” Wills since 2009 without his authorization. According to the Complaint, Asher filed a claim of copyright infringement with Amazon but apparently the Books have still been sold in both Kindle and paperback versions.

Asher is seeking damages for the sales of the Books in the form of a percentage of sales as a royalty. The approximate amount of royalties claimed by Asher is $5.4 million. Asher is further seeking to recover all court costs and fees.

March 8, 2021

Patent Infringement Case Transferred to the Southern District of Indiana

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Wonderland Switzerland AG (“Wonderland”), the Plaintiff and resident of Switzerland, originally filed suit in the Central District of California for patent infringement against Defendant, Dorel Juvenile Group, Inc. (“Dorel”), an Indiana-based company,. The Complaint asserted three claims concerning three different patents relating to car seats and strollers filed a motion to dismiss or transfer the case for improper venue.

Pursuant to 28 U.S.C. § 1404(a), “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties consented.” According to the Court’s Order, while ordinarily a “defendant must make a strong showing of inconvenience to warrant upsetting the plaintiff’s choice of forum,” “where the plaintiff is a non-resident of the forum, and/or the case has relatively little connection to the chosen forum, the Plaintiff’s choice of forum does not enjoy that type of benefit on a Section 1404(a) motion.”

The Court held that the factors for transfer weighed heavily in Dorel’s favor. Further, the Court noted that “[t]o the extent a transfer of this action to Indiana is a ‘shifting of inconveniences,’ the only ‘convenience’ factor it negates for Plaintiff is a potential relative ease of traveling from Switzerland . . . to Los Angeles over traveling from Switzerland . . . to Indiana.” Therefore, the action was transferred to the Southern District of Indiana for further proceedings and the improper venue portion of the motion was denied as moot.

March 4, 2021

Indiana Copyright Litigation: Odyssey Media Group Sued for Alleged Copyright Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Apparently, Larry Philpot is a well-known photographer of musicians and concerts across the United States. Mr. Philpot has also filed numerous copyright infringement lawsuits over recent years. According to the Complaint, Mr. Philpot took a photograph of Ted Nugent and registered it with the U.S. Copyright Office under Registration No. VAu 1-164-624 (the “Photo”).

Mr. Philpot claims Odyssey Media Group, Inc. (“Odyssey”), the Defendant, used the Photo on its website without his permission or authorization in connection with an article titled “36 ‘Celebrities’ That Openly Support Trump.” Per the Complaint, Odyssey did not attempt to license the Photo for use, copying, publication, or display. Due to the alleged copyright infringement, Mr. Philpot is seeking actual compensatory damages, the disgorgement of profits, or statutory damages pursuant to 17 U.S.C. § 504 and his costs and attorneys’ fees pursuant to 17 U.S.C. § 505.