Articles Posted in Intellectual Property Law

Otisco, IndianaDesign Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”).

According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures. Design Tascono sells these pieces through various means, including its website, catalog, previously through SkyMall magazine, as well as through various authorized on-line retailers and through its network of North American brick-and-mortar distributors and retailers.

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Guilford, Indiana – Plaintiff Tara Mapes is a well-known photographer specializing in fashion and fine art photography.  She also sells digital backgrounds for photographers through an Etsy store called Enchanted Eye Creations by Tara Mapes. The limitations on the license under which she sells the digital backgrounds on her Etsy store is listed in numerous locations.

Mapes created the picture “Santa with Magic Snow Globe” and applied for a Copyright Registration with the United States Copyright Office.  She was granted registration on December 17, 2018.

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The U.S. Patent Office issued the following 190 patent registrations to persons and businesses in Indiana in March 2022, based on applications filed by Indiana patent attorneys:

Patent No. Title
1 D947,327 Faucet spout
2 D947,326 Faucet handle
3 D947,323 Faucet body
4 D947,322 Faucet sprayhead
5 D947,321 Faucet sprayhead
6 D947,017 Wall-engaging device for a gate
7 11,290,301 Secure engine communication
8 11,289,946 Method and system of uniform wireless power distribution within a chamber
9 11,289,850 Electrical connector having latch
10 11,289,755 System and method for thermally robust energy storage system
11 11,289,423 Ultra-thin diffusion barrier
12 11,289,321 Ion traps that apply an inverse mathieu q scan
13 11,289,194 Modular location engine for tracking the locations of assets in a clinical environment
14 11,287,414 Sample dispenser including an internal standard and methods of use thereof
15 11,287,402 Automated method for maintaining a clinical diagnostics system
16 11,287,172 Freezer dehumidification system
17 11,286,952 Diffusion system configured for use with centrifugal compressor
18 11,286,917 Motor drive system and method
19 11,286,881 Gas turbine engine with reversible heat exchanger
20 11,286,878 Variable area nozzle exhaust system with integrated thrust reverser
21 11,286,865 Gas turbine engine with variable pitch fan and variable pitch compressor geometry
22 11,286,835 System and methods for controlling flow distribution in an aftertreatment system
23 11,286,827 System and method for determining reductant delivery performance
24 11,286,826 Integrative reductant system and method using constant volume injection
25 11,286,812 Turbine shroud assembly with axially biased pin and shroud segment
26 11,286,802 Turbine shroud segment having a seal segment perimeter seal with separated buffer cavities
27 11,286,798 Airfoil assembly with ceramic matrix composite parts and load-transfer features
28 11,286,794 Erosion-resistant coating with patterned leading edge
29 11,286,707 Opening and closing system
30 11,286,690 Combination lock
31 11,286,249 Pyrrolidine compounds
32 11,286,175 Fluid stream management systems and methods thereof
33 11,285,617 Modular articulating gripper
34 11,285,540 Method for manufacturing parts or devices and forming transition layers facilitating removal of parts and devices from build-plates
35 11,285,411 Self-adjusting air management valve for a filter assembly
36 11,285,294 Introducer with sheath having a withdrawal support wire
37 11,285,049 Two layer wound dressings including removable upper layer
38 11,285,022 Spinal implant system and method
39 11,285,019 Expandable spinal implant system and method
40 11,285,014 Expandable inter-body device, system, and method
41 11,284,928 Surgical implant and method of use
42 11,284,924 Adjustable spinal implant, system and method
43 11,284,917 Surgical access assembly and method of using same
44 11,284,908 Adjustable acetabular reamers and methods
45 11,284,884 Method and apparatus for coupling soft tissue to a bone
46 11,284,817 Method for determination of an analyte concentration in a body fluid and analyte concentration measurement device
47 11,284,815 Bolus calculator time keeping between mobile phone application and bG meters
48 11,284,726 Barrier for mattress and bed deck
49 11,284,655 Surgical helmet
50 11,284,620 Picolinamide compounds with fungicidal activity
51 11,284,603 System and method for delivering nutrients to recently hatched chicks
52 D946,715 Faucet handle
53 D946,714 Faucet handle
54 D946,713 Faucet body
55 D946,708 Faucet sprayhead
56 D946,591 Display screen with graphical user interface for a glucose management system
57 D946,590 Display screen with graphical user interface for glucose management
58 11,283,264 Short-term reserve product for implementation on an electric power grid, and associated method
59 11,282,703 Preparation of an array of ultra-narrow nanowires on functionalized 2D materials and uses thereof
60 11,282,484 Illuminated acoustic device
61 11,282,365 Customized bed exit warnings to modify patient behavior
62 11,282,311 Door lock sensor and alarm
63 11,281,429 Ternary in-memory accelerator
64 11,280,795 Quantitative profiling of progesterone metabolites for the prediction of spontaneous preterm delivery
65 11,280,756 Method for detecting an interferent contribution in a biosensor
66 11,280,742 Analyte measuring system and method
67 11,280,727 Depth-resolved mid-infrared photothermal imaging of living cells and organisms with sub-micron spatial resolution
68 11,280,574 Arrow rest
69 11,280,534 Cooling apparatus and method of using the same
70 11,280,396 Fire resistant gearbox housing
71 11,280,247 Pneumatic system and method for heating compressor oil and/or components of the system
72 11,280,206 Turbine shroud segment with flange-facing perimeter seal
73 11,280,130 Top-hanging sliding door including wedge design top seal
74 11,280,109 Keycam assembly
75 11,280,091 Structural joists and methods to manufacture the same
76 11,280,057 System and method for attaching implements to different skid steer mounts
77 11,279,658 Compositions for improved concrete performance
78 11,279,266 Motor home chair lift
79 11,279,213 Truck cap
80 11,279,075 System and method for sterilization of medical instruments within a hydrogen peroxide sterilization process
81 11,278,883 Sample processing systems and methods
82 11,278,786 System and method for incentivizing and quantifying patient mobility
83 11,278,760 Physical rehabilitation and exercise devise
84 11,278,666 Medication infusion device
85 11,278,497 Co-spray drying of meropenem and colistin and the uses thereof
86 11,278,457 Incontinence detection optimization using directional wicking
87 11,278,431 Spinal implant system and method
88 11,278,391 Graft having at least one woven taper
89 11,278,372 Surgical sterilization system and method
90 11,278,325 Surgical instrument and method
91 11,278,238 Wearable sensor device and analysis platform for objective outcome assessment in spinal diseases
92 11,278,125 Topper with targeted fluid flow distribution
93 D946,147 Surgical retractor
94 D946,125 Faucet handle
95 D946,124 Faucet handle
96 D946,123 Faucet
97 D946,122 Faucet
98 D946,121 Faucet
99 D946,116 Faucet sprayhead
100 D946,115 Faucet sprayer
101
D946,112
Faucet sprayhead
102 D946,111 Shower system
103 D946,104 Collapsible table tennis table
104 D946,087 Card for a card game
105 D945,975 Handheld controller
106 D0945,886 Container
107 11,277,081 Device and method for switching in and out a start winding of a single phase ac motor
108 11,276,413 Audio signal encoding method and audio signal decoding method, and encoder and decoder performing the same
109 11,275,123 System and method for electric meter outage time detection
110 11,275,065 Automated clinical diagnostic system and method
111 11,274,829 Shell and tiled liner arrangement for a combustor
112 11,274,707 Customizable light-up device
113 11,274,631 Methodology for minimizing aerodynamic buzz in an exhaust nozzle
114 11,274,630 Exhaust nozzle with vane support structure for a gas turbine engine
115 11,274,605 System and method for shimming a bevel gear in an IGB on a gas turbine without removal of the bevel gear
116 11,274,567 Keystoned blade track
117 11,274,470 Motorized trim
118 11,274,468 Modular and interchangeable lock plug
119 11,274,315 Chimeric insecticidal proteins
120 11,274,311 Plant promoter for transgene expression
121 11,273,962 Tamper-evident closure
122 11,273,959 Container with lid and detachable lid collar
123 11,273,925 Thermal management system and method for cooling a hybrid electric aircraft propulsion system
124 11,273,921 Variable pitch for coordinated control
125 11,273,811 Electric drive vehicle with low speed creep
126 11,273,790 Height adjusters with anti-cinch features for occupant restraint systems
127 11,273,447 Collapsible basket arrays, collapsible cellular arrays therefor, and methods of use
128 11,273,202 Formulations for bovine granulocyte colony stimulating factor and variants thereof
129 11,273,088 User module for a patient support apparatus
130 11,273,046 Spinal implant system and method
131 11,272,942 Assembly and system including a tibial cut guide
132 D945,719 Toy box and leash post
133 D945,620 Great toe implant
134 D945,610 Surgical retractor
135 D945,609 Surgical retractor
136 D945,568 Faucet
137 D945,264 Drink cup lid
138 11,271,501 Gas turbine generator speed DC to DC converter control system
139 11,270,824 Ferromagnetic accessories for a handheld device
140 11,268,485 Fuel pump with independent plunger cover and seal
141 11,268,477 Flexible seal for gas turbine engine
142 11,268,463 Techniques for improving fuel economy in dedicated EGR engines
143 11,268,417 Liquid only lance injector
144 11,268,414 Exhaust aftertreatment component with bypass valve
145 11,268,389 Blisk bonded CMC airfoil having attachment
146 11,268,300 Energy harvesting lock system
147 11,268,283 Spraying and seaming assembly
148 11,268,148 DNA methylation in inflammatory disease
149 11,267,882 Methods of detecting human IL-21
150 11,267,827 Multifunctionalized silicon nanoparticles, process for their preparation and uses thereof in electrochemiluminescence based detection methods
151 11,267,780 Compound for modulating DDAH and ADMA levels, as well as methods of using thereof to treat disease
152 11,267,768 Methane ethane crackers
153 11,267,660 Package sorting machine
154 11,267,004 Spinning showerhead
155 11,267,003 Power sprayer
156 11,266,788 Determination of a dose in a medication delivery device using two moving arrays with teeth and a sensor
157 11,266,514 Radiolucent trial
158 11,266,449 Osteotomy device and methods
159 11,266,391 Surgical retractor and method
160 11,266,183 Systems and method for compression control in a wearable compression device
161 11,266,121 Canine self exercise device
162 11,266,112 Cotton variety PX3B09W3FE
163 RE048,948 Clonidine compounds in a biodegradable polymer
164 D944,935 Faucet spout
165 D944,934 Shower arm
166 D944,933 Shower arm
167 D944,930 Faucet
168 D944,929 Faucet
169 D944,927 Faucet sprayhead
170 D944,926 Faucet sprayhead
171 D944,925 Faucet sprayhead
172 11,263,205 Access control with multiple security ecosystems
173 11,262,370 Method for operating a laboratory system
174 11,261,875 Turbomachine stage and method of making same
175 11,261,815 System and method for outputting filter monitoring system information via telematics
176 11,261,812 Model reference adaptive controller
177 11,261,795 Dual mode starter generator
178 11,261,791 Hybrid propulsion cooling system
179 11,261,750 CMC blade track with integral abradable
180 11,261,635 Door closer power adjustment
181 11,261,473 Method and apparatus for generation of microparticles containing immobilized enzyme
182 11,261,423 Compartmented cryopreservation container and uses thereof
183 11,261,038 System and method for automated truck loading
184 11,260,419 Method for coating a structure with a fusion bonded material
185 11,260,404 Tangential air cleaner with coiled filter cartridge
186 11,259,944 Stent deployment system with unwrapping deployment constraint
187 11,259,932 Additive manufactured femoral components
188 11,259,794 Method for implanting soft tissue
189 11,259,792 Method and apparatus for coupling anatomical features
190 11,259,646 Sleep enclosure assembly

2022-04-20-CorsonBlogPhoto-1-226x300Fishers, Indiana – Plaintiff Lisa Corson  creates photos, which she licenses for various uses including online and print publications. Corson’s client list includes AARP, Country Living, Delta Airlines, Google, House & Garden, The National Geographic Channel, The New York Times, and The Washington Post.

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BlogPhoto-Chapelle-201x300Hammond, Indiana – Pro se Plaintiff, Xavier Gatewood (“Gatewood”) claims to perform comedy in the Chicago area. Between 2014 and 2015, Gatewood claims Defendant, David Khari Webber Chappelle (“Chappelle”), saw him performing comedy at one or more of four places located within two miles of Chappelle’s movie shoot for “CHI-RAQ.”

According to the Complaint, Chappelle then used material from Gatewood’s performance in Chappelle’s standup special “Deep in the Heart of Texas” on Netflix. As Chappelle was allegedly paid $20 Million and the joke was exactly one minute long, Gatewood is seeking $303,030.30.

Unfortunately, the very short Complaint does not disclose the allegedly stolen joke and does not disclose or specifically allege any copyright registration or infringement. Further, while Gatewood lives in Indiana, the alleged theft took place in Illinois and Chappelle lives in Ohio, so jurisdiction may be another hurdle for Gatewood. Continue reading

USA – The Copyright Alternative in Small-Clams Enforcement (CASE) Act was enacted on December 27, 2020.  This creates a Copyright Claims Board consisting of three officers chosen by the Librarian of Congress and the Register of Copyrights.  The officers will act as arbitrators for civil copyright claims and counterclaims capped at $30,000 in damages for declaratory judgment of non-infringement or for notices under the Digital Millennium Copyright Act.  The Board is expected to be operational by December 27, 2021.

Parties may affirmatively opt out of adjudication before the board within 60 days of service. Failure to do so will serve as consent to the proceeding before the Board and will waive the right to a jury trial.

The proceedings before the Board are also less formal. While parties can conduct written discovery, they may not conduct depositions under the CASE Act. Further, unlike federal district courts, attorneys’ fees are not generally awardable to prevailing parties.

This suit is over the design of two bottle caps.

Plaintiff, Closure, claims it designed the bottle cap on the left, and Defendant, Novembal, got a patent on the bottle cap on the right.  But Closure claims that it, not Novembal is the actual “inventor” of the bottle cap design.  Perhaps fearing that Novembal was about to file suit, Closure in its home turf of New Jersey and trying to gain a home court advantage, took the initiative and sued Novembal in Indiana.  Its Complaint sought to “correct the inventorship” of Novembal’s patent and to prevent Novembal from enforcing the patent against Closure. That suit is reported here:  Closure Systems International Sues Novembal USA Seeking Correction of Inventorship.  Not surpisingly, Novembal asserted a counterclaim for patent infringement.

Photo-300x142The twist is that in the infringement counterclaim, Novembal seeks a broad injunction.  So broad, that it would prevent not just Closure, but some of Closure’s customers from infringing the patent.  In its counterclaim, Novembal seeks:

A permanent injunction enjoining CSI and its employees, agents, successors, partners, officers, directors, owners, shareholders, principals, subsidiaries, related companies, affiliates, distributors, dealers, and all persons in active concert or participation with any of them . . . from making, importing, promoting, offering, or exposing for sale, or selling the CSI Production Closures, or any other closures with designs confusingly similar to the claimed design of Novembal’s ‘442 patent.

One company that apparently gets its bottle caps from Closure is Nestle, one of the biggest sellers of bottled water.  So far, no big deal.  Except, Nestle is represented by the blue chip Washington DC patent law firm, Finnegan, Henderson, Farabow, Garrett & Dunner.  Finnegan happens to be the same law firm that represents Novembal in the suit with Closure.  So Finnegan is attempting to get an injunction for one client (Novembal) that would apply to another client, Nestle. Continue reading

On February 18, 2020 at 12:45 pm, I will be speaking at IUPUI Center for Intellectual Property Law at Inlow Hall, Room 259. Reversal of Fortunes: Indianapolis Skyline Photo and $1,000,000 Damages (Copyright Litigation of the Year). This is a free event, however registration is required.

More information about my speech to IUPUI on February 18, 2020, Click here.

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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 idea (or other ineligible principle) and fail to add any inventive concept. Alice Corp. Pty. Ltd. v. CLS Bank Intern., 573 U.S. 208 (2014). In particular, claims that recite a specific advance in computer technology—including, for example, an unconventional arrangement of computer components—are eligible.

It is notoriously unclear to understand how should be applied.  For example , Judge Plager of the Federal Circuit (and former Dean of the School of Law and Indiana University – Bloomington) has stated that the “body of doctrine” is “incoherent,” “render[ing] it near impossible to know with any certainty whether [an] invention is or is not patent eligible.” Interval Licensing LLC, 896 F.3d at 1348 (Plager, J., concurring and dissenting). Other jurists have noted that the case law is “baffling,” “inconsistent,” and that “needs clarification by higher authority, perhaps by Congress.”   Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC, 927 F.3d 1333, 1371 (Fed. Cir. 2019); Aatrix Software, Inc. v. Green Shades Software, Inc., 890 F.3d 1354, 1360 (Fed. Cir. 2018)

Judges in the Indiana Court of Appeals issued their Opinion in the case of Neptune Generics, LLC, and Fresenius Kabi USA, LLC (collectively Lilly-v-Adocia-photo-300x170“Petitioners”) versus Eli Lilly and Company. The Patent Trial and Appeals Board (the “Board”) previously held in its inter partes review (“IPR”) that claims 1-22 of Eli Lilly’s U.S. Patent No. 7,772,209 (the “’209 Patent”) were not unpatentable for obviousness. The Court of Appeals held the Board did not err in its analysis, that substantial evidence supported underlying fact findings and therefore the Board’s decision was affirmed.

The ‘209 Patent “relates to administering folic acid and a methylmalonic acid (“MMA”) lowering agent, such as vitamin B12, before administering pemetrexed disodium, a chemotherapy agent, in order to reduce the toxic effects of a pemetrexed, an antifolate.” There were three petitions for IPR relating to the ‘209 Patent for obviousness over various patents, patent applications, and articles. In each IPR, the Board found that the claims were not unpatentable for obviousness.

According to the Opinion, the Board found that it was known that pretreatment with folic acid reduces the toxicity relating to the administration of an antifolate, but there was not a reason to pretreat with Vitamin B12 in addition to folic acid before administering pemetrexed for cancer treatment. Further, the FDA, along with others, were skeptical of the treatment that supported their decision for nonobviousness.

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