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Evansville, IndianaHenager Family Museum, Inc d/b/a National Veterans Memorial of Buckskin, Indiana filed a lawsuit in the Southern District of Indiana alleging trademark infringement.

Plaintiff operates a military memorial in Indiana under the trademark “NATIONAL VETERANS MEMORIAL,” U.S. Trademark Registration No. 3,420,974.  That trademark was filed “in connection with promoting public awareness of the need for reconciliation and recognition by all veterans” and was issued on April 29, 2008 by the U.S. Patent and Trademark Office.

In this Indiana litigation, Henager states that Columbus Downtown Development Corp. (“CDDC”) of Columbus, Ohio is currently developing a museum, scheduled to open in 2018, to be operated under the name “NATIONAL VETERANS MEMORIAL & MUSEUM.”  Henager states that CDDC’s use of this name in a state adjoining Indiana, and in conjunction with the offering of the same type of services, is likely to cause confusion or deceive consumers.   It also contends that CDDC’s use of the purportedly similar name has resulted in CDDC being unjustly enriched at Henager’s expense.

Chicago, Illinois – Arlington Specialties, Inc. of Elk Grove Village, Illinois appealed the summary judgment granted by the U.S. District Court of Northern Illinois, Eastern Division in favor of Urban Aid, Inc. of Los Angeles, California.

The Seventh Circuit does not issue trade dress opinions very often, but it issued one January 27, 2017.  It is especially helpful because it sums up the state of trade dress law in the Circuit.

The Court affirmed a Summary Judgment in favor of a defendant accused of trade dress infringement.  The plaintiff claimed a trade dress in a “bag” that had five elements: (1) the bag’s cuboidal shape; (2) the bag’s softness; (3) the zipper’s location on the bag; (4) the “folded and tucked” corners; and (5) the seam halfway up the bag’s sides.

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The Class Action Fairness Act of 2005, was intended to limit “forum shopping” of class actions lawsuits, or in a court where the law was most favorable to the plaintiff, even if the location was not connected with the underlying facts.  However, the Act did not generally apply to patent infringement cases.  As a result most patent infringement suits (44% in 2015) are filed in the Eastern District of Texas, which has a reputation for juries that award large verdicts.  When a suit is filed there, there is much pressure on a defendant to settle even if the patent owner’s case is weak.

Carmel Indiana’s T.C. Heartland hopes to limit forum shopping.  It was sued for patent infringement by Kraft Foods, and the case is now before the U.S. Supreme Court granted certiorari last month on appeal from the Federal Circuit. The dispute revolves around whether the US Court of Appeals for the Federal Circuit opened the floodgates to forum-shopping in 1990 when it adopted an ultra-liberal interpretation of where a defendant business “resides” – and in the proposed solution, which is to interpret Congress’s 2011 amendments to a general venue statute as having implicitly overruled the 1990 ruling.

The American Intellectual Property Law Association has filed an “amicus” brief arguing that the Federal Circuit correctly interpreted the general venue statute at 28 U.S.C. 1391 as providing a definition of “resides” in the patent venue statute at 28 U.S.C. 1400(b) Although the Supreme Court in Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957), found the two statutes worked independently, Congress changed the law in 1988 by adding to the general venue statute “for purposes of venue under this chapter.” According to the brief, the deletion of that phrase in 2011 did not return the law to the Fourco rule because it was replaced with the phrase “for all venue purposes.” Nor does the added phrase “except as otherwise provided by law” adopt the Supreme Court’s Fourco rule, the brief concluded.  The AIPLA’s amicus brief is below.

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.

The U.S. Trademark Office issued the following  217 trademark registrations to persons and businesses in Indiana in January 2017 based on applications filed by Indiana trademark attorneys:
Registration No. Word Mark Click To View
5114184 AKESOCARE TSDR
5113123 AKESOCARE TSDR
5133813 BIOSTOP TSDR
5133682 A STUDENT UNION FOR ADULTS TSDR
5133485 CLOSET CANDY BOUTIQUE TSDR
5133340 TRUCONTOUR TSDR
5133103 LAUNCH TSDR
5133008 BIOPHOTONX TSDR
5132913 DIRT CREW TSDR
5132629 STAR 88.3 TSDR
5132502 SQUEAKY CLEAN TSDR
5132400 #LABELCONSCIOUS TSDR
5132324 TSDR
5132297 MENDAPAUSE TSDR
5132254 BAMBOO NATURALS TSDR
5132060 BUILDING AN ENERGY ECOSYSTEM TSDR
5134763 QOVE TSDR
5129002 YODER LEATHER COMPANY TSDR
5128950 LOVE GROWS WILD TSDR
5128394 EVENING OF REAL REFRESHMENT TSDR
5128390 ONECONTROL TSDR
5128049 SELECTION SUNDAY TSDR
5127966 DECLARE YOURSELF TSDR
5127865 BISON COACH TSDR
5127731 PACE MEDICAL STAFFING, INC. TSDR
5127700 KASHWÉRE TSDR
5127371 ESN ENERGY SYSTEMS NETWORK TSDR
5130697 P.I.M.P. TSDR
5130688 ROLLER BARRE TSDR
5124480 CONFIDENCE TSDR
5124461 GOLD STANDARD TSDR
5124460 QUALIFIED TSDR
5124459 EXEMPTION TSDR
5124458 DEDUCTION TSDR
5124457 DEFALLT TSDR
5124456 BEAN COUNTER TSDR
5124455 HOP COLLECTOR TSDR
5124117 LEADERCARE TSDR
5123984 CLOSET CANDY TSDR
5123951 ARTISTRY TSDR
5123880 URBAN LADLE TSDR
5123748 LESSONLY TSDR
5123743 ZLATNO SONCE TSDR
5123628 VETERANS INAUGURAL BALL TSDR
5123418 FUTURE PRESIDENTS OF AMERICA TSDR
5123408 UPGRADE YOU. ONLY BETTER. TSDR
5123356 ONYX+EAST TSDR
5123276 BOARDABLE TSDR
5123042 RETRO-TECH SYSTEMS TSDR
5122885 BENEBAC TSDR
5122870 THAI.P.A. TSDR
5122452 JALAPEÑO HOLIC NATURALLY ADDICTIVE FOODS TSDR
5122424 FLOORS TO YOUR HOME TSDR
5122410 CUSTOM CRIMP TSDR
5122389 B BRAQ TSDR
5122379 ILEA INTERNATIONAL LIVE EVENTS ASSOCIATION TSDR
5122312 WINTER INNOVATION FORUM WHERE THE CONVERSATION TAKES PLACE TSDR
5122304 WOW! TSDR
5122236 BUTT NAKED STRIP GAME TSDR
5119481 SENTRYSHIELD TSDR
5119459 FUN FINDER TSDR
5119458 RADIANCE TSDR
5119363 TSDR
5119359 TAXMAN TSDR
5119276 ECLIPSE STAFFING & SECURITY TSDR
5119213 YARDARM TSDR
5119133 WHISKEY BUSINESS SPORTS BAR & ENTERTAINMENT TSDR
5119132 FABWA TSDR
5119089 TRAIL HAND TSDR
5119086 SILVERADO TSDR
5119083 BISON TSDR
5118899 TIMBER RIDGE TSDR
5118894 TIMBER RIDGE TSDR
5118868 MODERN FLOW TSDR
5118781 FIGHTING FOR INCARCERATED VETERANS EVERYWHERE (THE F.I.V.E. PROGRAM) TSDR
5118756 LEAVES ON THE LOOSE TSDR
5118637 RTS TSDR
5118636 RTS TSDR
5118635 RTS TSDR
5118634 RTS TSDR
5118608 PIC TSDR
5118584 AQUAPAWS TSDR
5118555 MAIL ORDER BRIDE TSDR
5118464 UNLEASHED TO LEAD TSDR
5118424 HUNT NAKED TSDR
5118404 ZOMBIES PLAYGROUND TSDR
5121289 TOP GUN TSDR
5118001 WILDE HORTICULTURE TSDR
5114675 PROMISE TSDR
5116297 GROW TUBS TSDR
5116290 ADOPTION AS A SERVICE TSDR
5114570 B TSDR
5114408 HOOPS TSDR
5114300 AQUAPACER TSDR
5113919 K9 PREP SCHOOL TSDR
5113656 PRO DAY USA SPORTS. MEASURING. DEVICES. TSDR
5113234 THE VAULT CLUB TSDR
5112880 INDIANA GROWN TSDR
5131874 PAYK12 TSDR
5131868 COURSENETWORKING TSDR
5134680 SILVERBACK NXT TSDR
5131794 UNION REVOLT TSDR
5131770 TSDR
5131768 DELTA UPSILON TSDR
5131754 CIRCUPLUS 1500 TSDR
5131751 DR. BLUE TSDR
5131712 NATIONAL ASSOCIATION OF LETTER CARRIERS STAMP OUT HUNGER FOOD DRIVE TSDR
5134641 EXPLAINED TSDR
5131577 TSDR
5131576 A&L GREAT LAKES TSDR
5131519 DURANGO TSDR
5131456 ABC TSDR
5131455 UNCOIL THE POWER! TSDR
5131339 FRANCISCAN WORKING WELL TSDR
5134543 PENNGRADE TSDR
5134541 PENNGRADE TSDR
5134463 SUMMER ROSE TSDR
5134415 NO MEAN CITY TSDR
5134350 TRITON TSDR
5134339 RIVERVIEW HEALTH PHYSICIANS TSDR
5131065 GH HERRMANN TSDR
5134068 MAJESTIC STAR CASINO HOTEL TSDR
5131011 DESCENDANTS OF KINGS TSDR
5130989 TCC TSDR
5130411 EDDYWRAPS TSDR
5130663 WORLD MUAY THAI LEAGUE TSDR
5130662 MINDFUL MUAY THAI TSDR
5130370 BATLITE TSDR
5130366 BEACHIN’ LIFE TSDR
5130344 TSDR
5130343 ENTEGRA TSDR
5130282 SUB ZERO TSDR
5130187 EQUAL TSDR
5130186 EQUAL TSDR
5130146 BRITE ZONE TSDR
5129816 EXTREMESTART TSDR
5130591 ENERGY SYSTEMS GROUP TSDR
5129502 OLIVE MEDICAL TSDR
5129450 L2L TSDR
5122085 PULL PAL TSDR
5125753 3 FLOYDS TSDR
5122065 JSK JAS SUM KRAL TSDR
5125461 MY DARK ADDICTION TSDR
5125439 RESTOREWORKS MASONRY RESTORATION RETURNING VALUE. RESTORING PRIDE TSDR
5125363 STOP ANIMAL ABUSE TSDR
5121813 ANAR GOURMET FOODS TSDR
5125067 ELEVEN FIFTY TSDR
5125050 BALL MAGNET TSDR
5125022 ROOM 47 PRODUCTIONS TSDR
5124885 SELECTE TSDR
5124645 HYDRACHOICE TSDR
5112193 FORERETIREMENT TSDR
5112192 INCOME 150+ TSDR
5121264 HAPQZ TSDR
5117918 RWB RED WOD & BLUE TSDR
5117894 NINE FORTY A TRADITIONAL COMPANY EST. 2014 TSDR
5121138 VB VERA BRADLEY TSDR
5117680 PEEONMEADS RELIEVING YOURSELF FROM UNPRODUCTIVE ADVERTISING TSDR
5117672 OLD HICKORY GENUINE ORIGINAL ANDREW JACKSON CHAIR EST. 1899 OLD HICKORY TSDR
5117633 TOTAL CONTROL SYSTEMS TSDR
5121073 FIND DELIVER INSTALL SMARTER TSDR
5120936 LOADVISTA TSDR
5117373 RESA ROYALE TSDR
5117363 BLU AGE TSDR
5117195 IARCA TSDR
5117193 IARCA TSDR
5117192 IARCA TSDR
5117191 IARCA TSDR
5117163 NOR-COTE TSDR
5120770 FACILITY OF THE FUTURE TSDR
5120711 SINGRITE TSDR
5120694 TSDR
5120642 OWN WORST ENEMY TSDR
5120594 VERTICAL HIVE TSDR
5120573 NUTRA-ISO TSDR
5120533 M MICROSYSTEMS TSDR
5120267 POLYDEUCES TSDR
5116907 TSDR
5120056 HEALTH’S KITCHEN TSDR
5120042 ZURA TSDR
5120015 DIGITALMACE TSDR
5119722 MONSTER RACKS 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
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
5129270 DESIGNER SKIN CHERISH TSDR
5124579 SPOTSHIELD TSDR
5119675 SPEAK MORE! TSDR
5119641 WATER FOR EMPOWERMENT TSDR
5114787 INTEPRITY TSDR

The U.S. Patent Office issued the following 216 patent registrations to persons and businesses in Indiana in January 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 9,560,215 System, method, and computer-readable medium for rebilling a carrier bill
2 9,558,682 Tamper evident security seal
3 9,557,356 Utility meter with wireless pulse output
4 9,557,325 Method of altering the binding specificity of proteins by oxidation-reduction reactions
5 9,557,274 Analytical devices for detection of low-quality pharmaceuticals
6 9,557,199 Firefighting monitor
7 9,557,139 Article of apparel including concealed weapon pocket
8 9,557,095 Refrigerator door lock
9 9,556,922 End members and gas spring assemblies including same
10 9,556,921 Air spring sleeve
11 9,556,779 Leak detection and mitigation in reductant delivery systems
12 9,556,778 Waste heat recovery system including a clutched feedpump
13 9,556,750 Compartmentalization of cooling air flow in a structure comprising a CMC component
14 9,556,743 Visual indicator of coating thickness
15 9,556,453 Insect resistance management with combinations of Cry1Be and Cry1F proteins
16 9,556,333 Biodegradable polymer formulations
17 9,556,319 Process for devulcanizing rubber
18 9,556,243 Methods for making cytokine compositions from tissues using non-centrifugal methods
19 9,556,153 JAK1 inhibitors
20 9,555,947 Vented steam cooking package
21 9,555,920 Container
22 9,555,841 Retractable rear fairing
23 9,555,817 End members for rail spring assemblies and suspension systems including same
24 9,555,800 Service disconnect interlock system and method for hybrid vehicles
25 9,555,719 System and method for optimizing hybrid vehicle battery usage constraints
26 9,555,712 Vehicle system with batteries in series
27 9,555,684 Gas spring assembly and method of assembling same
28 9,555,603 Peelable film for container lid
29 9,555,346 Filter with tri-flow path combinations
30 9,555,215 Treatment fluid delivery method, and turbulator for promoting uptake of a treatment agent
31 9,555,139 Binding ligand linked drug delivery conjugates of tubulysins
32 9,554,930 Powered medical device deployment system
33 9,554,920 Bone matrix compositions having nanoscale textured surfaces
34 9,554,910 Patient-specific glenoid guide and implants
35 9,554,877 Dental regenerative device made of porous metal
36 9,554,835 Surgical implant system and method
37 9,554,831 Intervertebral spinal implant and method
38 9,554,801 Extravascular implant for facilitating sutured side-to-side arteriovenous fistula creation and maintaining patency
39 9,554,783 Closure device and method of closing a bodily opening
40 9,554,741 Precision depth control lancing tip
41 9,554,703 Diabetes care system for detection of an analyte and method for selective data transmission
42 9,554,625 Apparatus for ratcheting multiple restraint webs via a single actuator
43 9,554,534 Canola inbred line CL1992625A
44 9,554,526 Inbred corn line SMM11BM
45 D777,362 Flashlight
46 D777,329 Bone staple
47 D776,964 Lounge base end portion
48 9,552,859 Electronic memory including ROM and RAM
49 9,552,714 Occupant egress prediction systems, methods and devices
50 9,552,706 Color changing backlight for fluid delivery devices displaying temperature
51 9,552,460 Apparatus for supporting and monitoring a person
52 9,551,993 Apparatus and method for grouping vehicles for cooperative driving
53 9,551,921 Method for displaying an image
54 9,551,920 Tensioned projection screen assembly
55 9,551,737 Grain bin capacitive moisture sensor system and method
56 9,551,631 System and method for adapting to a variable fuel delivery cutout delay in a fuel system of an internal combustion engine
57 9,551,553 Bowfishing arrow slide with overmolded dampening member arrangement
58 9,551,299 Check valve for propulsive engine combustion chamber
59 9,551,251 Selective dosing module control system
60 9,551,079 Systems and methods for producing metal clusters; functionalized surfaces; and droplets including solvated metal ions
61 9,551,051 Weldable oxidation resistant nickel-iron-chromium aluminum alloy
62 9,551,024 Cotton event pDAB4468.18.07.1 detection method
63 9,550,774 Dihydropyrido pyrimidine compounds as autotaxin inhibitors
64 9,550,751 Processes for the preparation of pesticidal compounds
65 9,550,739 Molecules having certain pesticidal utilities, and intermediates, compositions, and processes related thereto
66 9,550,734 Bivalent linkers and conjugates thereof
67 9,550,658 Inground superstructure and integrated third stage arm for vehicle lift
68 9,550,533 Mud flap assembly
69 9,550,446 Cargo restraint device
70 9,550,429 Systems and methods for management of fleet batteries
71 9,550,416 Heavy duty truck chassis having rear mounted fuel tank
72 9,550,217 Exhaust component cleaning and requalification process
73 9,550,028 Single step desiccating bead-in-syringe concentrating device
74 9,550,015 Functionally-closed, sterile blood processing solution system and method
75 9,550,012 Tissue scaffolds having bone growth factors
76 9,550,011 Surface coatings for biological implants and prostheses
77 9,549,992 Folate receptor binding conjugates of antifolates
78 9,549,920 Methods and compositions for treating post-operative pain comprising a local anesthetic
79 9,549,865 Surgical positioning system
80 9,549,834 Emergency vessel repair prosthesis deployment system
81 9,549,833 Stent delivery, repositioning, and removal system
82 9,549,820 Glenoid implant with synthetic labrum
83 9,549,768 Medical implant system for securing bone fragments
84 9,549,748 Methods of locating and treating tissue in a wall defining a bodily passage
85 9,549,723 Surgical instrumentation and method
86 9,549,715 Vial useable in tissue extraction procedures
87 9,549,705 Apparatuses for supporting and monitoring a condition of a person
88 9,549,675 Sensor control for apparatuses for supporting and monitoring a person
89 9,549,643 Adjustable curved door assembly
90 9,549,560 Pesticidal compositions and related methods
91 9,549,556 Macrocyclic picolinamides as fungicides
92 9,549,555 Macrocyclic picolinamide compounds with fungicidal activity
93 9,549,511 Soybean variety 10CR148128
94 D776,601 Tonneau cover
95 D776,534 Pour spout
96 D776,511 Knob
97 9,549,324 Coexistence of multiple radios in a medical device
98 9,548,671 Voltage booster for utility meter
99 9,548,666 Method and apparatus for offline switch mode power supply with dithered switching frequency
100 9,548,496 Paper-based lithium-ion batteries
101 9,548,192 Ion focusing
102 9,546,979 Analyzing a metabolite level in a tissue sample using DESI
103 9,546,585 Apparatus, method, and system for diagnosing reductant delivery performance
104 9,546,574 Engine liquid injection
105 9,546,386 Glucose and xylose co-fermenting microorganism that expresses active glucoamylase
106 9,546,100 Continuous-flow solar ultraviolet disinfection system for drinking water
107 9,545,871 In-vehicle lift mechanism
108 9,545,870 Manual override for slide-out room system having wall-mounted drive mechanism
109 9,545,639 Multi-function wand assembly
110 9,545,591 Rotating separator with housing preventing separated liquid carryover
111 9,545,527 System design and method for verifying 3D dosimetric imaging of charged particles in media
112 9,545,501 System for a wire-lumen free balloon catheter
113 9,545,324 Pre-loaded iliac branch device and methods of deployment
114 9,545,060 Growth chamber carousel
115 D776,068 Control module
116 D775,832 Customizable caddy
117 9,544,677 In-ear headphone
118 9,544,676 Oval shaped in-ear headphone
119 9,544,136 Key agreement in wireless networks with active adversaries
120 9,543,633 Antenna dish heating system
121 9,543,058 Insulated winding wire
122 9,542,856 Method and system for learning call analysis
123 9,542,835 Networked pest control system
124 9,542,665 Methods for creating, arranging, and leveraging an ad-hoc collection of heterogeneous organization components
125 9,542,108 Efficient migration of virtual storage devices to a remote node using snapshots
126 9,541,844 Method and apparatus for calibrating a projected image manufacturing device
127 9,541,248 Lightguide with horizontal cutoff and horizontal spread
128 9,541,229 Hydro-formed T-fitting
129 9,541,228 Push-to-connect fitting
130 9,541,218 Universal indicator post
131 9,541,191 Dual pump regulator system for a motor vehicle transmission
132 9,541,168 Multi-speed transmission
133 9,541,150 End members and gas spring assemblies including same
134 9,541,106 Plasma optimized aerostructures for efficient flow control
135 9,541,039 Apparatus, system, and method for reducing emission of nitrogen oxides
136 9,541,003 Air particle separator
137 9,540,844 Lock re-pinning assembly
138 9,540,814 Foundation column
139 9,540,702 Stabilization of enzymes with stable coenzymes
140 9,540,656 Stacked herbicide tolerance event 8291.45.36.2, related transgenic soybean lines, and detection thereof
141 9,540,655 Stacked herbicide tolerance event 8264.44.06.1, related transgenic soybean lines, and detection thereof
142 9,540,654 Synthetic brassica-derived chloroplast transit peptides
143 9,540,610 Collagen and cell implant
144 9,540,429 Host cell lines expressing recombinant GDF-5 protein
145 9,540,342 Processes for the preparation of pesticidal compounds
146 9,540,059 Fifth wheel trailer safety device
147 9,540,051 Truck tailgate and method of use
148 9,539,997 Method of power split for hybrid powertrain
149 9,539,745 In-mold-coated automotive interior and other products, and methods for manufacturing same
150 9,539,599 Recirculation block
151 9,539,363 Collagen matrix
152 9,539,352 Method and system for treating packaged products
153 9,539,161 Moveable corner element for a casket
154 9,539,155 Control system for patient support apparatus
155 9,539,130 Low profile stepped delivery system
156 9,539,127 Ureteral endoluminal abrasion device
157 9,539,123 Fenestrated stent grafts
158 9,539,116 User interface related to a surgical provisional
159 9,539,096 Methods for supporting a prosthetic implant in a patient
160 9,539,095 Porous metal implants with bone cement
161 9,539,090 Transaortic valve access device
162 9,539,068 Implantable screw and system for socket preservation
163 9,539,013 Patient-specific elbow guides and associated methods
164 9,539,003 Method and apparatus for forming a self-locking adjustable loop
165 9,538,998 Method and apparatus for fracture fixation
166 9,538,996 Fistula grafts and related methods and systems for treating fistulae
167 9,538,974 Methods and systems for correcting table deflection
168 9,538,945 Desorption electrospray ionization sampling without damaging an in vivo tissue sample
169 9,538,941 Devices and methods for expression of bodily fluids from an incision
170 9,538,884 Agitator for food and beverage mixer
171 9,538,756 Pesticidal compositions and processes related thereto
172 9,538,751 Canola seed treatment composition and method
173 9,538,731 Aviary cage with manure removal system and method for constructing the same
174 9,538,721 Collapsible animal crate assembly
175 9,538,716 Canola inbred restorer line CE185942R
176 9,538,715 Low saturated-fat sunflower and associated methods
177 9,538,710 Crop product tracking system and method
178 D775,491 Pureeing appliance
179 D775,483 Cup holder
180 9,538,127 Remote customer assistance system having two-way audio and video interface
181 9,538,075 Frequency domain processing techniques for plenoptic images
182 9,537,702 Method and apparatus for identifying channel bandwidth and channel offset of an orthogonal frequency division multiplexing signal
183 9,537,373 Alternator fan
184 9,536,692 Capacitive microelectromechanical switches with dynamic soft-landing
185 9,536,363 Operation communication system
186 9,535,429 Water pressure controlled mixing valve
187 9,535,428 Spring controlled valve
188 9,535,073 Prediction and recognition of acute kidney injury after surgery
189 9,535,050 Fluid quality monitoring and filtration system
190 9,534,993 Entropy-based impact load identification
191 9,534,951 Measuring module for remission photometric analysis and method for the production thereof
192 9,534,885 Apparatus for determining a vertical position of at least one interface between a first component and at least one second component and laboratory automation system
193 9,534,740 LED induction combination lighting system
194 9,534,672 Variator switching valve scheme for a torroidal traction drive transmission
195 9,534,640 Clutch coupled to gas turbine engine and method for cooling
196 9,534,537 Phase change material cooling system for a vehicle
197 9,534,260 Materials and methods for detecting the aryloxyalkanoate dioxygenase gene (AAD-12) containing event pDAB4472-1606 in plants
198 9,534,235 Efficient sterilization of fish by disruption of germ cell development
199 9,534,232 Nucleic acid molecules that target RPS6 and confer resistance to coleopteran pests
200 9,534,218 Expression of maize codon optimized proteins in pseudomonas fluorescens
201 9,534,182 Method of producing industrial corn base oil from a fermentation byproduct of a corn ethanol production process
202 9,534,002 Procedures for the synthesis of ethylenediamine bisborane and ammonia borane
203 9,533,975 Dual-action, unnatural proline-rich peptides as antibiotic agents and methods thereof
204 9,533,969 Materials and method for inhibiting replication protein A and uses thereof
205 9,533,961 Molecules having certain pesticidal utilities, and intermediates, compositions, and processes related thereto
206 9,533,936 Removal of fatty acid from esterified propoxylated glycerin
207 9,533,090 Method and apparatus for separating a material
208 9,532,897 Devices that train voice patterns and methods thereof
209 9,532,880 Method of implanting a reverse shoulder orthopaedic implant having an elliptical glenosphere component
210 9,532,820 Bone plate hybrid device
211 9,532,805 Single lock external fixation clamp arrangement and method
212 9,532,795 Button release handle
213 9,532,777 Method and apparatus for coupling soft tissue to a bone
214 9,532,775 Method and apparatus for suture anchors with a vertical eyelet
215 9,532,730 Use of micro- and miniature position sensing devices for use in TKA and THA
216 9,532,516 Apparatus and method for growing plants hydroponically in containers

 

2017-01-23-BlogPhoto-300x56

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.”

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