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Indiana Intellectual Property Law News

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US Patent Office Issues Guidance on Patentability of Software

The United States Patent Office sent a November 2, 2016, Memorandum to the Patent Examining Corps discussing two recent Federal Circuit decisions and the rules on patent eligibility for computer software. The decisions are McRO, Inc. v. Bandai Namco Games America Inc. and BASCOM Global Internet Services v. AT&T mobility…

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Indiana Franchise Litigation: Federal Trademark Issue Pushes Franchise Dispute into Federal Court

Indianapolis, Indiana – A trademark lawyer for Defendants A3 Media, LLC; Collective Publishing, LLC; Yelena Lucas and Neil Lucas, all of Fishers, Indiana, and Janelle Morrison of Zionsville, Indiana removed a federal trademark lawsuit to the Southern District of Indiana. The litigation was initially filed by franchise law attorneys in…

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US Supreme Court Considers Adult Incontinence Products in Patent Case

The United State Supreme Court held oral argument on whether the equitable defense of laches (an unreasonable delay in filing suit) may be raised against a claim for damages based on patent infringement occurring within the six-year limitations period of 35 U.S.C. 286. SCA Hygiene Products Aktiebolag (SCA) produces adult…

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Indiana Trademark Litigation: Maker of Gnarly Head Wine Alleges Infringement by Gnarly Grove Hard Cider

Indianapolis, Indiana – Plaintiff Delicato Vineyards of Manteca, California filed a lawsuit in the Southern District of Indiana alleging trademark infringement and other wrongdoing. Defendant is Gnarly Grove Cider Co. of Columbus, Indiana. Plaintiff Delicato claims ownership to two trademarks, U.S. Trademark Registration No. 3165707 for GNARLY HEAD, and U.S.…

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Indiana Patent Litigation: Lilly Sues Alleging Infringement of Testosterone Product

Indianapolis, Indiana – Patent lawyers for Plaintiffs Eli Lilly and Company of Indianapolis, Indiana, its subsidiary Eli Lilly Export S.A. of Geneva, Switzerland and Acrux DDS Pty Ltd of West Melbourne, Australia filed a lawsuit alleging patent infringement. This federal lawsuit, commenced in the Southern District of Indiana, lists two…

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Indiana Trademark Litigation: AAA Sues AAA Automotive Parts

Indianapolis, Indiana – Trademark attorneys for Plaintiff The American Automobile Association, Inc. (“AAA”) filed a trademark lawsuit in the Southern District of Indiana. Two Bloomington Defendants are named, AAA Automotive Parts and the company’s owner. Defendants also do business as AAA Automotive & Truck Parts, and  d/b/a AAA Automotive Parts.…

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Indiana Intellectual Property Litigation: Defendant in California Patent Lawsuit Sues Plaintiff in Indiana Court Alleging Unfair Competition

South Bend, Indiana – Patent lawyers for Plaintiff Swagway, LLC of South Bend, Indiana sued Defendants Hangzhou Chic Intelligent Technology Co., Ltd. (“Chic”) of Hangzhou, People’s Republic of China, Jansco Marketing, Inc. of Pembroke, Massachusetts and COKeM International, Ltd. of Shakopee, Minnesota. Swagway and Chic both sell self-balancing two-wheeled boards,…

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Indiana Copyright Litigation: Two Lawsuits Allege Illegal Sharing of Movie via Internet

Indianapolis, Indiana – A copyright lawyer for Plaintiff ME2 Productions, Inc. of Carson City, Nevada filed two new lawsuits in Indiana federal court alleging copyright infringement. As with two prior Indiana lawsuits, filed by Plaintiff’s copyright lawyer last week in the Northern District of Indiana, these complaints allege infringement by…

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Indiana Copyright Litigation: Bell Alleges Infringement by Carmel Private Equity Firm

Indianapolis, Indiana – Copyright lawyer and professional photographer Richard Bell of McCordsville, Indiana filed the latest in a string of lawsuits alleging infringement of a copyrighted photo of the Indianapolis skyline. This lawsuit, filed by Bell on his own behalf in the Southern District of Indiana, lists Honey Creek Capital,…

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Supreme Court Hears Argument on Profit Awards for Design Patent Infringement

The Supreme Court on October 11, 2016, heard oral argument on whether an award of profits for design patent infringement of Apple’s iPhone should be limited to those profits attributable components bearing the claimed design features or should include profits from the entire iPhone. Samsung Electronics Co. Ltd. v. Apple,…

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