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Articles Posted in Declaratory Judgments

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Trade Dress for Conveyor Belt Fastener Rejected as Functional

The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s ruling that Flexible Steel Lacing Co.’s (“Flexco”) trade dress is invalid because it is functional. Flexco originally filed suit in the Northern District of Illinois, Eastern Division for trade dress infringement and unfair competition against Conveyor Accessories,…

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Lafayette Company Seeks Damages for Alleged Trademark Infringement

Lafayette, Indiana – Lafayette Venetian Blind, Inc. (“LVB”), the Plaintiff, claims it has developed substantial goodwill in connection with its distinctive U.S. Trademark Registration No. 3537759 for the word “Allure” for use in connection with window blinds and treatements. LVB claims that Defendant, Blinds to Go (U.S.), Inc. (“Blinds to…

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Williamsburg Furniture Claims Lippert Patent is Invalid and/or Unenforceable

South Bend, Indiana – Attorneys for Plaintiff, Williamsburg Furniture, Inc. (“Williamsburg”) of Nappanee, Indiana originally filed suit in the District Court of Delaware seeking a declaratory judgment of non-infringement against Defendant, Lippert Components, Inc. (“Lippert”) claiming Lippert’s United States Patent No. 8,739,330 (the “‘330 Patent”) is invalid and/or unenforceable. Williamsburg…

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Indiana Trade Secret Litigation: Eli Lilly and Company Seeks Declaratory Judgment of Non-Misappropriation of Trade Secrets

Indianapolis, Indiana – Attorneys for Plaintiff, Eli Lilly and Company (“Lilly”) of Indianapolis, Indiana, filed suit in the Southern District of Indiana seeking a declaratory judgment that Lilly did not misappropriate any trade secrets of Defendant, SensorRx, Inc. (“SensorRx”) of Charlotte, North Carolina, or breach a contract with SensorRx. Lilly…

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Indiana Trademark Litigation: CityMoms, Incorporated in Delaware, Seek Declaratory Judgment Against theCityMoms Greater Indianapolis LLC

Indianapolis, Indiana – Attorneys for Plaintiff, CityMoms, Inc. (“CityMoms”) incorporated in the State of Delaware, filed suit in the Southern District of Indiana seeking a declaratory judgment that its use of “CityMoms” does not infringe the rights of Defendant, theCityMoms Greater Indianapolis LLC (“theCityMoms”) of Indianapolis, Indiana, or theCityMoms’ Trademark…

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Design Patents Protect Spare Parts For Vehicles

This case, originally filed in the United States District Court for the Eastern District of Michigan on claims of patent infringement, was brought on appeal in the United States Court of Appeals for the Federal Circuit. The Court of Appeals issued an opinion affirming the district court’s summary judgment in…

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Indiana Patent Litigation: Dr. Rick C. Sasso Seeks Royalties from Warsaw Orthopedic, Inc. and its Affiliates

Kosciusko County, Indiana – Attorneys for Plaintiff, Rick C. Sasso, M.D. (“Dr. Sasso”) of Carmel, Indiana, originally filed suit in the Kosciusko County Superior Court in Indiana alleging that Defendants, Warsaw Orthopedic, Inc., Medtronic, PLC, and Medtronic Sofamor Danek, Inc., have denied him and his accounting firm access to their…

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Indiana Patent Litigation: Indiana Based Company, Engineered by Schildmeier, Seeks Declaratory Judgment of Patent and Trade Dress Infringement

Indianapolis, Indiana – Attorneys for Plaintiff, Engineered by Schildmeier, LLC of Anderson, Indiana, filed suit in the Southern District of Indiana alleging that Defendants, Amazing Parts Warehouse (d/b/a several different names) of Lexington, Kentucky, and Wuhn Xuelang Auto Parts Co., Ltd. of China, infringed its rights in United States Patent…

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Indiana Patent Litigation: Eli Lilly and Company Seeking Declaratory Judgment in Patent Ownership Case

Indianapolis, Indiana – Attorneys for Plaintiff, Eli Lilly and Company of Indianapolis, Indiana, filed suit in the Southern District of Indiana for a declaratory judgment against Defendant, Adocia S.A. of Lyon, France, who is claiming inventorship and ownership rights in Lilly’s United States Patent No. 9,901,623 B2 (“the ‘623 Patent”)…

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Indiana Trademark Litigation: Indiana Company, Veridus Group, Inc., Seeking Declaratory Judgment of Trademark Non-Infringement

Indianapolis, Indiana – Attorneys for Plaintiff, Veridus Group, Inc. of Indianapolis, Indiana, filed suit in the Southern District of Indiana for a declaratory judgment against Defendant, Strategic IP Information Pte Ltd. (“SIP-IP”) of Irvine, California, that Veridus Group has not infringed SIP-IP’s rights in United States Trademark Registration No. 5,294,263…

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