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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.

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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

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

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BlogPhoto-203x300Indianapolis, 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.

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LillyLOGO-300x134Indianapolis, IndianaEli 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.

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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

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JudgePratt-BlogPhotoThe 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.

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BlogPhoto2-204x300Indianapolis, 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.

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Indianapolis, IndianaWonderland 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.

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Blog-Photo-300x286Indianapolis, 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.

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