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Articles Posted in Civil Procedure

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Indiana Trademark Litigation: Venue in Northern District Not Improper Under “Substantial Part of the Events” Test

Fort Wayne, Indiana – The Northern District of Indiana has denied Defendant’s motion to dismiss for improper venue, citing the connection of the Northern District to the events underlying the litigation. This Indiana trademark litigation, Family Express Corp. v. Square Donuts, Inc., was filed to resolve a dispute over the…

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Seventh Circuit Rules on Sanctions for Vexatious and Obstructive Conduct by Attorneys for Porno-Trolling Collective

Chicago, Illinois – The Seventh Circuit ruled in the ongoing intellectual property litigation between Plaintiff Lightspeed Media Corp. and Defendants Anthony Smith et al. Attorneys for Lightspeed Media Corp. have filed numerous lawsuits nationwide in an apparent attempt to extract quick settlements from individual users who would rather avoid litigating…

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Indiana Patent Law: Court Rules on Invalidity of Patent for Obviousness

Evansville, Indiana – In the matter of Berry Plastics Corporation v. Intertape Polymer Corporation, Judge Richard L. Young of the Southern District of Indiana ruled on Defendant Intertape’s motion to reconsider the court’s conclusion of patent invalidity on the grounds of obviousness. This Indiana patent litigation, filed in January 2010,…

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Copyright Office Tribunal Proposed as Alternative for Small Copyright Claims

Washington, D.C. – Reps. Hakeem Jeffries (D-NY), a member of the House Judiciary Committee, and Tom Marino (R-Pa) proposed legislation to create an alternative forum to facilitate the adjudication of “small” copyright claims.  H.R. 5757, titled the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2016, would establish a Copyright…

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Copyright Litigation: Forensic Exam, Testimony Fail to Demonstrate Infringing Material on Defendant’s Computer

Chicago, Illinois – Magistrate Judge Geraldine Soat Brown of the Northern District of Illinois granted the motion for summary judgment of John Doe, the anonymous Defendant sued by pornographer Malibu Media LLC (“Malibu”) on allegations of copyright infringement. Plaintiff alleged that, between May 2013 and July 2013, Defendant infringed Malibu’s…

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Indiana Trademark Litigation: Texas Roadhouse v. Texas Corral Litigation Moves to Indiana

Hammond, Indiana – Trademark litigation commenced in the Western District of Michigan in 2013 was transferred to the Northern District of Indiana yesterday. This federal lawsuit, filed by trademark attorneys for Plaintiffs Texas Roadhouse, Inc. and Texas Roadhouse Delaware LLC, both of Louisville, Kentucky, alleges infringement of U.S. Service Mark…

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Indiana Law: Southern District of Indiana Implements Changes

Changes to Delivery of E-mailed Notices of Electronic Filing (NEFs) Effective January 4, 2016, the United States District Court for the Southern District of Indiana will implement important new changes in the delivery of e-mailed Notices of Electronic Filing (“NEFs”). The court’s CM/ECF system will begin generating NEFs for both…

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Indiana Patent Law: Motion in Limine to Bar Evidence Regarding Inequitable Conduct Denied

Evansville, Indiana – District Judge Richard L. Young, writing for the Southern District of Indiana in the matter of Berry Plastics Corp. v. Intertape Polymer Corp., denied Berry’s motion in limine to prohibit Intertape from proffering testimony or evidence at trial which referred to reliance on counsel or good faith…

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Patent Law: Patent Litigation May Be Impacted by Amendments to Federal Rules of Civil Procedure

Washington, D.C. – The United States Supreme Court ordered the Federal Rules of Civil Procedure to be amended following last year’s approval of the changes by the Judicial Conference Advisory Committee. Civil Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84, and the Appendix of Forms…

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Indiana Copyright Litigation: Remaining Copyright Defendants in Bell Lawsuit to be Dismissed

Indianapolis, Indiana – District Judge Tanya Walton Pratt of the Southern District of Indiana denied Plaintiff’s request for partial summary judgment for declaratory relief and injunctive relief against Defendants in a copyright dispute over the use of Plaintiff’s copyrighted photograph of Indianapolis. This lawsuit dates back to June 7, 2011…

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