October 17, 2019. The US Patent Office has issued an Update on “Subject Matter Eligibility.” These Guidelines are used by the Patent Office to determine whether patent claims are eligible for protection under 35 USC 101. Patent claims satisfy § 101’s eligibility requirement unless they are directed to an abstract…
Indiana Intellectual Property Law News
Indiana Copyright Litigation: Prevailing Plaintiff Ordered to Pay Losing Defendant’s Costs After Rejecting Rule 68 Offer
Indianapolis, Indiana – Judge Richard L. Young of the Southern District of Indiana issued a decision on cross-motions for attorneys’ fees and costs in the case of Richard N. Bell (“Bell”) versus Michael Maloney (“Maloney”). The Court first entered judgment in favor of Bell on June 11, 2019 granting him…
Indiana Patent Litigation: Irvine Shade & Door, Inc. Sued For Alleged Patent Infringement
South Bend, Indiana – Attorneys for Plaintiffs, Stoett Industries, Inc. (“Stoett”) of Hicksville, Ohio and Newline International, LLC (“Newline”) of Culpeper, Virginia, filed suit in the Northern District of Indiana alleging that Defendant, Irvine Shade & Door, Inc. (“Irvine”) of Elkhart, Indiana, infringed their rights in United States Patent No.…
U.S. Court of Appeals for the Federal Circuit Limits Design Patent Scope
The U.S.Court of Appeals for the Federal Circuit (“CAFC”) issued its Opinion in the case of Curver Luxembourg, SARL (“Curver”) versus Home Expressions Inc., (“Home Expressions”) to construe claim language of a design patent to limit the scope of the claimed design. Curver, the Plaintiff-Appellant in this case, is the…
Design Basics Ordered to Pay Over $300,000.00 in Attorneys’ Fees and Costs
Fort Wayne, Indiana – Attorneys for Plaintiff, Design Basics, LLC and W.L. Martin Home Designs, LLC, filed suit in the Northern District of Indiana alleging that Defendants, Heller & Sons, Inc. d/b/a Heller Homes and Heller Development Corporation, infringed numerous copyright registrations. The Court granted the Defendants’ Motion for Summary…
Closure Systems International Sues Novembal USA Seeking Correction of Inventorship
Indianapolis, Indiana – Attorneys for Plaintiff, Closure Systems International, Inc. (“CSI”) of Indianapolis, Indiana, filed suit in the Southern District of Indiana seeking a correction in inventorship for two U.S. Design Patents issued to Defendant, Novembal USA Inc. (“Novembal”) of Edison, New Jersey. The patents at issue in this case…
Formstack, LLC Sued for Alleged Patent Infringement
Indianapolis, Indiana – Attorneys for Plaintiff, Transaction Secure, LLC (“Transaction”) a foreign limited liability company, filed suit in the Southern District of Indiana alleging that Defendant, Formstack, LLC (“Formstack”) of Fishers, Indiana, infringed its rights in United States Patent No. 8,738,921 (the “‘921 Patent”) for “System and Method for Authenticating…
Engineered by Schildmeier Granted Over $1.4 Million Dollars in Default Judgment
Indianapolis, Indiana – Judge Richard L. Young in the Southern District of Indiana granted default judgment in favor of Engineered by Schildmeier, LLC (“Engineered”) and against WUHU Xuelang Auto Parts Co., LTD and Amazing Parts Warehouse (collectively the “Defendants”). Engineered filed suit seeking a declaratory judgment of both patent and…
Custom Design and Paint Company, The Art of Design, Inc., Seeks Damages for Alleged Copyright Infringement
South Bend, Indiana – Attorneys for Plaintiff, The Art of Design, Inc. (“TAOD”) of Elkhart, Indiana, filed suit in the Northern District of Indiana alleging that Defendant, Sharpline Converting, Inc. (“Sharpline”) of Wichita, Kansas, infringed its rights in United States Copyright Registration Nos. VA 1-979-388 and 2-149-309 (the “‘388 Design”)…
Patent Office Issues 196 Patents To Indiana Citizens in September 2019
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. The U.S. Patent Office issued the following 196 patent registrations to persons and businesses in Indiana in September 2019, based on applications filed…