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Heartland-300x75TC Heartland LLC of Carmel, Indiana won a precedent-setting victory in the US Supreme Court in its patent infringement suit with Kraft Foods.  The US Supreme Court held that the term “resides” in 28 U.S.C. § 1400(b) for determining venue patent suits refers only to the State of incorporation.

Overruling the Federal Circuit’s decision in VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574 (Fed. Cir. 1990), the Court concluded that 2008 and 2011 revisions to the general venue statute at 28 U.S.C. §1391 did not modify the meaning of “resides” in Section 1400(b) to include personal jurisdiction for corporate defendants. This issue was resolved by a 1957 Supreme Court decision, and nothing in the later legislation indicates that Congress intended to overturn that decision, the Court concluded.

Background

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The U.S. Patent Office issued the following 196 patent registrations to persons and businesses in Indiana in April 2017, 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 D784,862 Gas spring end members
2 D784,728 Towel bar
3 9,635,106 Identifying one or more peer devices in a peer-to-peer communication
4 9,634,545 Component for an electric machine
5 9,633,976 Systems and methods for inter-chip communication
6 9,632,514 Electronic shower system
7 9,632,080 Diagnostic multi-layer dry phase test strip with integrated biosensors (“electrostrip”)
8 9,631,916 Component including structures for determinant loading
9 9,631,773 Shipping container having a flame retardant layer and a thermal blocking layer
10 9,631,707 Multi-speed transmission

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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
5191375 OCHO RIOS TSDR
5191370 BASECAMP TSDR
5191305 AGRINOVUS INDIANA TSDR
5191044 BLUE FIRE FUSION TSDR
5191043 TSDR
5190953 LEASING AN ANGEL TSDR

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HH-Inc-300x183Indianapolis, Indiana – Her Imports f/k/a EZJR, Inc. sued in the Southern District of Indiana alleging trademark infringement, trademark dilution and trade dress infringement.  The lawsuit names Her Hair, Inc., an Indianapolis hair-extension merchant, as Defendant.

Plaintiff markets and sells wigs, hairpieces and hair accessories.  It claims ownership of two trademarks, U.S. Trademark Registration Nos. 4,631,694 for the word mark “HER IMPORTS” and 5,048,646 for “HER IMPORTS” and design.  Both trademarks have been registered with the U.S. Patent and Trademark Office.

Plaintiff contends that Defendant designed and used a similar mark, asserting that it was intentionally crafted “for the sole purposes of imitating Plaintiff’s Trademark, causing actual confusion among the general public, and attempting to pass itself off as being associated with the Her Imports brand.”  Plaintiff further states that Defendant’s trademark has caused actual customer confusion.  Defendant’s mark was registered by the U.S. Patent and Trademark Office under Reg. No. 5,144,514.

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Plaintiff further accuses Defendant of copying its “unique store interior trade dress,” comprising black and white Damask wallpaper along with red trim, in Defendant’s store.

In this Indiana lawsuit, filed by trademark attorneys for Plaintiff, the following claims are made:

  • Count I: Mark Cancellation 15 U.S.C. § 1064
  • Count II: Trade Dress Infringement 15 U.S.C. § 1125(a) (as to the Store Interior)
  • Count III: Dilution by Blurring — 15 U.S.C. § 1125(c) (as to Plaintiff’s Trademark)
  • Count IV: Dilution by Blurring — 15 U.S.C. § 1125(c) (as to Plaintiff’s Store Interior Trade Dress)
  • Count IV: [sic] Recovery of Profits, Damages, Costs, and Attorneys’ Fees Pursuant to 15 U.S.C. § 1117(a)
  • Count VI: Destruction of Infringing Articles 15 U.S.C. § 1118
  • Count VII: Injunctive Relief 15 U.S.C. § 1125(c)(1)

Plaintiff seeks, inter alia, injunctive relief, the cancellation of Defendant’s trademark, damages, attorneys’ fees and costs.

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Lilly-1-300x132Indianapolis, Indiana – Eli Lilly and Company of Indianapolis, Indiana filed a federal lawsuit in the Southern District of Indiana alleging patent infringement. Defendants are Actavis LLC of Parsippany, New Jersey; Teva Pharmaceuticals USA, Inc. of North Wales, Pennsylvania; and Teva Pharmaceutical Industries, Ltd. of Petach Tikva, Israel.

At issue is a patent for Antifolate Combination Therapies, Patent No. 7,772,209 (“the ‘209 patent”) which has been issued by the U.S. Patent and Trademark Office.  This patent covers intellectual property embodied in Alimta®, a drug therapy used for the treatment of various types of cancer.

In a complaint filed by an Indiana patent litigator, Lilly states that Defendants filed an Abbreviated New Drug Application with the U.S. Food and Drug Administration seeking approval to manufacture and sell generic equivalents of ALIMTA® prior to the expiration of the ‘209 patent.  It asserts that this filing constitutes and/or will constitute infringement of the ‘209 patent, active inducement of infringement of the ‘209 patent, and contribution to the infringement by others of the ‘209 patent.

Lilly seeks, inter alia, injunctive relief, costs and attorneys’ fees.

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Heartland-300x75Indianapolis, Indiana – Heartland Consumer Products LLC and TC Heartland LLC, of Carmel, Indiana filed suit in the Southern District of Indiana alleging trademark and trade dress infringement, dilution and unfair competition under the Lanham Act, the Indiana State Trademark Act, and the common law of the State of Indiana.

At issue are trademarks covering Splenda®-brand sweetener, which has been approved for use in over 80 countries and used in more than 4000 products globally.  In this Indiana litigation, Heartland claims that some or all of the following trademarks have been infringed: 1544079, 3346910; 4172135, 4165028, 4301712, 4172136, 4165029,4122311, 4187229, 4202774, 4230392, 4238101, 4106164, 4664653, and 4744600.  These trademarks have been registered with the U.S. Patent and Trademark Office.  In addition, Heartland claims ownership of the following pending applications for United States Trademark Registration Serial Nos. 86865337, 87012521, and 87010504.

Defendants in the lawsuit are DineEquity, Inc., Applebee’s Franchisor LLC, Applebee’s Restaurants LLC, Applebees-300x220Applebee’s Services, Inc., International House of Pancakes, LLC f/k/a International House of Pancakes, Inc., IHOP Franchising LLC, IHOP Franchise Company, LLC and IHOP FranIHOP-300x225chisor LLC.  Plaintiff asserts that all Defendants have a principal place of business in Glendale, California.  They are accused of leading customers to believe that they offer Splenda-brand sweetener when they do not.  Plaintiff contends that instead of American-made Splenda, the product offered to the customers is, in fact, “a lower-quality product of China.”

Indiana trademark attorneys for Heartland sued in federal court.  They assert:

  • Count I: Common Law Trademark Infringement and Trademark Infringement under 15 U.S.C. § 1114(1)
  • Count II: False Designation of Origin under 15 U.S.C. § 1125(a)
  • Count III: Unfair Competition
  • Count IV: Trademark Dilution under 15 U.S.C. § 1125(c)
  • Count V: Trademark Dilution under I.C. 24-2-1-13.5
  • Count VII [sic]: Preliminary and Permanent Injunctive Relief
  • Count VIII: Corrective Advertising Damages

Plaintiff asks the court for injunctive relief, costs and attorneys’ fees.  They also seek various types of damages, including actual, statutory, punitive and treble damages.

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South Bend, Indiana – The Beachwaver Co. of Libertyville, Illinois filed a new lawsuit in the Northern District of Indiana alleging infringement of patents covering its rotating curling iron. Beachwaver seeks damages as well as injunctive and other relief under 35 U.S.C. 281, et seq.

Defendants in this newest lawsuit are Xtava, LLC of Wilmington, Delaware, C&A IP Holdings, LLC of Dover, Delaware, and C+A Global of Edison, New Jersey.  They are accused of infringing two patents: U.S. Patent Nos. 9,398,796 (“the ‘796 patent”) and 9,504,301 (“the ‘301 patent”).  These patents, both titled “Hair Styling Device,” have been issued by the U.S. Patent and Trademark Office.

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Plaintiff has filed two similar Indiana lawsuits asserting infringement in recent months, one in October and another in December.  This most recent litigation, filed by Indiana patent lawyers for Beachwaver, lists two counts:

  • Count 1: Infringement of the ‘796 Patent
  • Count 2: Direct Infringement of the ‘301 Patent

Plaintiff seeks injunctive relief, costs, attorneys’ fees and damages, including treble damages.

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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
5171659 STUPID SEXY FLANDERS TSDR
5171658 CHERRY BUSEY TSDR
5173350 SPECIALIZING IN COUNTY SEAT COMMUNITIES TSDR
5171378 BLUE TSDR
5171323 E-ZSERT TSDR
5171243 DEWCARTA TSDR

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The U.S. Patent Office issued the following 179 patent registrations to persons and businesses in Indiana in March 2017, based on applications filed by Indiana patent attorneys:

Patent No. Title
1 D782,748 Combined swing door and door frame of an animal enclosure
2 D782,376 Rear spoiler for a vehicle
3 D782,276 T-latch handle assembly
4 9,608,299 Battery and battery-sensing apparatuses and methods
5 9,607,306 Ambient sampling mass spectrometry and chemometric analysis for screening encapsulated electronic and electrical components for counterfeits
6 9,606,140 Acceleration sensitive indicator
7 9,606,136 Device and method for transferring reaction vessels

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Lilly-300x132Indianapolis, Indiana – Eli Lilly and Company of Indianapolis, Indiana filed a patent infringement lawsuit in the Southern District of Indiana asserting infringement of U.S. Patent No. 7,772,209 (‘209 Patent).  Defendant is Amneal Pharmaceuticals LLC of Bridgewater, New Jersey.

Lilly states that Amneal filed an Abbreviated New Drug Application with the U.S. Food and Drug Administration seeking approval to manufacture and sell two “Pemetrexed for Injection” products prior to the expiration of the ‘209 patent.  Lilly contends that the ‘209 patent, which was issued by the U.S. Patent and Trademark Office, protects the Pemetrexed products.

In this patent litigation, filed by attorneys for Lilly, a single count is listed, “Infringement of U.S. Patent No. 7,772,209.”  Lilly seeks relief from the Indiana court including a judgment of infringement, injunctive relief, costs and attorneys’ fees.

Practice Tip: Lilly has had some success protecting its ‘209 patent, which relates to the cancer drug Alimta®, against generic manufacturers.  See, e.g., U.S. Court of Appeals Rules In Lilly’s Favor on Alimta Vitamin Regimen Patent.

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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
740 W Green Meadows Dr #300
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
Fax: 866.283.8549
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