Patent

February 19, 2024

Paws, Patents, and Proceedings: The case of Kennels & Kats v. Delomo

Plaintiff Excelencia Importing Pty Ltd. d/b/a Kennels & Kats (“K&K”) brought forth a complaint against Defendant Jinping Leng d/b/a Delomo (“Defendant”). The core allegation was that the Defendant, through inequitable conduct, obtained U.S. Patent No. D827,946 for a “Pet Grooming Glove,” a design that was allegedly already in circulation in the United States before the patent application. The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution.

The legal action claimed that the Defendant’s failure to disclose prior art during the patent prosecution process was intentional. K&K, an online retailer specializing in pet supply products, alleged that the Defendant was fully aware of the materiality of the omissions, which rendered the design in the Asserted Patent unpatentable. The complaint suggested that, had the United States Patent and Trademark Office (USPTO) been aware of this information, the patent would not have been granted.

The complaint further asserted that the Defendant, despite knowledge of the invalidity of the Asserted Patent, made false infringement claims to Amazon against K&K. This action resulted in the suspension of K&K’s Amazon listings, causing immediate harm to its business. The ramifications of such suspension on an online retailer’s revenue and reputation are substantial, especially given Amazon’s market dominance.

December 11, 2023

From Typo to Triumph: The Inspiring Story of Bette Nesmith Graham

By Overhauser Law Offices, LLC

Bette Nesmith Graham, a single mother facing financial struggles while working as a secretary, encountered a pivotal moment that transformed her career. Observing artists painting festive scenes on a bank’s windows, she had an epiphany. Her lifelong love for the arts, combined with perseverance, became her savior.

Having dropped out of high school to attend secretarial school and marry her sweetheart, she faced numerous challenges raising her son while her husband served in World War II. Her job as an executive secretary at the Texas Bank and Trust demanded high typing proficiency, a skill she lacked, especially with the transition from manual to electric typewriters. In a stroke of creative genius, she used water-based paint to cover typing errors, a solution that gained popularity among her colleagues.

Encouraged by the enthusiastic response, Bette embarked on perfecting her invention, initially named “Mistake Out,” with the help of collaborators. Financial constraints were a constant hurdle, but her determination drove her to promote and distribute her invention. Despite setbacks, including rejection by major companies like IBM, demand surged, prompting her to establish her own company.

October 20, 2023

Multiple Patents Allegedly Infringed Upon In Suit between Rogue Fitness and Bells of Steel USA, Inc.

By Overhauser Law Offices, LLC

Columbus, Ohio – Plaintiff Coulter Ventures, LLC, d/b/a Rogue Fitness (“Rogue”) filed suit against Bells of Steel USA Inc., for alleged patent infringement of its fitness products in Bell’s sporting goods stores, including their Indianapolis, Indiana, Bells of Steel USA Showroom.

According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. 11,173,337: “Weightlifting Assembly and Weight Rack Including Weightlifting Assembly”, Patent No. 10,226,661: “Weightlifting Rack Assembly and Wall Mount Bracket for a Weightlifting Rack Assembly,” Patent No. D992,063: “Wall Mounted Exercise Rack,” Patent No. D961,020: “Weight Plate,” and Patent No. RE49,513: “Barbell.” Rogue states that all these patented products are listed on the company’s website for the public to view at any time.

In the suit, the Plaintiff alleges that the Defendant has been purposely advertising, marketing, selling, manufacturing, and distributing products that are infringing on Rogue’s lawfully held patents. Rogue specifically identified 8 of the products Bells advertises as infringing upon the Plaintiff’s patents in their design and/or utility. The Plaintiffs claim that the Defendant relies on “making cheap copies of products and designs created by others and only later dealing with patent infringement.”

September 19, 2023

Agricultural Machinery Manufacturing Company (Par-Kan) Sued for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Kalida, Ohio – The Plaintiff, UNVERFERTH MFG. CO., INC., filed suit against Silver Lake, Indiana company, PAR-KAN CO., LLC for patent infringement under U.S. Patent Laws, 35 U.S.C. §§ 271, 281, 283, 284, and 285.

According to the complaint, Unverferth manufactures, uses, and sells seed tender products protected by legally issued U.S. Patent No. 8,967,940 (“the ’940 patent”) and U.S. Patent No. 9,745,123 (“the ’123 patent”). In accordance with statutory marking provision of 35U.S.C. § 287(a), Unverferth has affixed serial numbers to its products to identify the patents used in those products.

The Plaintiff claims that Par-Kan had knowledge of the ‘940 and ‘123 patents because these patents are continuations of U.S. Patent No. 8,221,047, which Unverferth sued Par-Kan over in a similar infringement case in 2013 and had received subpoenas and a cease-and-desist letter, identifying the patents by numbers. It is alleged that the Defendant continues to manufacture, use, and sell products that infringe on the claims of the ‘940 and ‘123 patents, which constitutes willful infringement.

March 21, 2023

AI Developing Software Companies Litigate Over Patent Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff, Disintermediation Services, Inc. (DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement.

DSI is a company that develops and sells software that supports omnichannel communications. DSI built implementations of its products on both Amazon Web Services and Microsoft Azure. Since launching their website in 2011, Disintermediation has handled over one million chat messages.

The Defendant, Perq Software, LLC (“Perq”), according to their website, was founded in 2008 by Andy Medley and Scott Hill, two Harvard Business School alumni set out to untangle a big, hairy problem with multifamily. The PERQ platform combines AI leasing assistant automation with powerful website conversion tools.

March 2, 2023

USPTO Ushers in New Era with Introduction of Electronic Patent Grants

By Overhauser Law Offices, LLC

Beginning April 18, 2023, the U.S. Patent and Trademark Office (USPTO) is shifting towards issuing paper waste-reducing electronic patent grants (eGrants) to patent recipients—a new process that delivers the official copy of patent grants in an electronic format. We will provide a bound paper version as a ceremonial copy throughout a limited transition period, and then for a nominal fee thereafter.

December 13, 2022

Patent Office Issues 273 Patents to Indiana Citizens in November 2022

By Overhauser Law Offices, LLC

The U.S. Patent and Trademark Office issued the following 273 patent registrations to businesses and individuals in Indiana during November 2022, based on applications filed by Indiana patent attorneys:

Patent No.	Title
US 11497657 B2	Absorbent articles having channels and wetness indicator
US 11497657 B2	Accessing client credential sets using a key
US 11509641 B2	Acoustic panel
US D969351 S	Active control valve for a fluid pump
US 11486386 B2	Adaptive high pressure fuel pump system and method for predicting pumped mass

September 9, 2022

203 Patent Registrations Issued to Indiana Companies and Persons in August 2022

By Overhauser Law Offices, LLC

The U.S. Patent and Trademark Office issued the following 203 patent registrations to businesses and individuals in Indiana during August 2022, based on applications filed by Indiana patent attorneys.

Patent No.	Title
D0962397	Faucet spout
D0962393	Faucet body
D0962391	Faucet
11,432,407	Electrical component package with reinforced molded pins
11,431,040	Arrangement for lithium-ion battery thermal events prediction, prevention, and control

September 6, 2022

Harper Trucks Inc. Sues Competitor for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Goshen, Indiana – The Plaintiff, Harper Trucks Inc. (“Harper”), based out of Wichita, Kansas, have been in business since 1940. Harper advertises to be the world’s largest manufacturer of hand trucks. Harper Trucks are manufactured in a plant of 40,000 square feet with full robotic and new composite-injection capabilities.

The Defendant, Gleason Industrial Products Inc. (“Gleason’), according to their website, was founded in 1946 and is comprised of three manufacturing divisions throughout three states in the Midwest: Algoma Net Company, Gleason Industrial Products, and Precisions Products. Milwaukee Hand Trucks is the name for products manufactured and sold by Gleason Industrial Products. Milwaukee Hand Trucks are produced in Gleason’s manufacturing facilities in Goshen, Indiana and Lincoln, Illinois.

The United States Patent and Trademark Office issued Patent No. 10,864,933 (“933 Patent”) entitled “Four Position Hand Truck” to Harper on December 15, 2020. The patent generally discloses and claims a multi-position hand truck that permits a user to easily change the orientation of the handle and frame among a number of positions making the hand truck extremely useful to a wide variety of uses. Continue reading

June 14, 2022

Patent Office Issues 210 Patents to Indiana Citizens in May 2022

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 210 patent registrations to persons and businesses in Indiana in May 2022, based on applications filed by Indiana patent attorneys:

Patent No.	Title
D953,493	Faucet
D953,488	Faucet
D953,180	Differential pressure transmitter
D953,143	Pull
D953,142	Pull