Prairieville, LA – Plaintiff Taylor Shaye Designs LLC filed a complaint against Whitestown, IN Defendant Shein Distribution Corp for copyright infringement according to the U.S. Copyright Act, 17 U.S.C. § 101, et seq.
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Hancock Regional Hospital Sued for Alleged HIPPAA Violation
Greenfield, Indiana – Plaintiffs Sherry Childers and Diana Polston, along with others, have filed a class-action lawsuit against Hancock Regional Hospital (Hancock Health) in Greenfield, Indiana. They accuse the hospital of disclosing their private medical information to third parties like Facebook and Google. The Plaintiffs argue that mishandling medical data can lead to severe consequences such as workplace discrimination and denial of insurance coverage. They stress the importance of maintaining medical information confidentiality to uphold public trust in the healthcare system.
The complaint cites the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which includes the “Privacy Rule” established by the United States Department of Health and Human Services (HHS). This rule outlines guidelines for safeguarding individually identifiable health information and prohibits healthcare providers from sharing such data with third parties without explicit written consent from the individual.
Court documents claim that Hancock Health, a trusted healthcare provider, used a “Tracking Pixel” on its website to collect and transmit the Plaintiffs’ sensitive patient information to third parties without their knowledge. This alleged action is seen as a breach of the HIPAA Privacy Rule.
Magistrate Judge Joshua P. Kolar Congratulated on his Seventh Circuit Nomination
HAMMOND, Indiana – On October 10, 2023, Chief Judge Holly A. Brady congratulated Magistrate Judge Joshua P. Kolar on his nomination by President Joseph R. Biden to the United States Court of Appeals for the Seventh Circuit. If confirmed, Judge Kolar will fill the vacancy left behind by the death of Judge Michael S. Kanne.
In her statement about Judge Kolar, Chief Judge Brady wrote that the judges of the Northern District of Indiana are extremely proud of Magistrate Judge Kolar for being nominated to the Seventh Circuit. She also remarked that Judge Kolar “has been a tremendous asset as a member of the judiciary for the Northern District [of Indiana]…his thoughtful and humble approach to the matters pending before him will surely be missed by the bench, the bar and litigants, the judges anxiously await Judge Kolar’s much deserved confirmation.”
Nickels and Dimes Goes Full Tilt on Noah’s Arcade in Trademark Infringement Suit
Celina, Texas – Plaintiff, Nickels and Dimes Incorporated is suing LaPorte, Indiana company, Noah’s Arcade, LLC d/b/a Full Tilt, for infringement of its federally registered trademark TILT, in association with arcade, amusement, and entertainment services, under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1).
According to the complaint, Plaintiff Nickels and Dimes opened their first TILT arcade in 1977, inside the Six Flags Mall, in Arlington, TX, and has since owned and operated 200 TILT arcades in the U.S. Nickels and Dimes states that it then began using the Trademark TILT STUDIO in 2010, and the TILTED 10 Trademark in 2021, in association with arcade games and indoor entertainment.
The Defendant, Noah’s Arcade, allegedly opened their arcade in 2022 under the mark FULL TILT and has been accused of using the mark in their marketing and advertising, to which the Plaintiff claims infringement of their trademarks TILT, TILT STUDIO, and TILTED 10. The Plaintiff argues that the products sold under Noah’s FULL TILT mark are identical or highly similar to those that Nickels and Dimes sell under their trademarks. In addition, the Plaintiff contends that Noah’s Domain Name is similar to Plaintiff’s TILT STUDIO and TILTED 10 marks, which could potentially cause confusion among the customer base who may assume an affiliation between the two entities.
Teva Pharmaceutical’s Patent Infringement Verdict Against Eli Lilly Overturned
Massachusetts – Judge Allison Burroughs sided with Eli Lilly in a dispute with Teva Pharmaceuticals, overturning a $176.5 million jury verdict that had previously been awarded to Teva in a patent infringement suit regarding the two companies’ development of drugs with antibodies capable of treating headache disorders associated with calcitonin gene-related peptide (“CGRP”).
According to the original complaint, Teva’s drug (Ajovy) and Lilly’s drug (Emgality) were similar in the ways in which they work, and they were both approved by the FDA only 13 days apart in September 2018. However, Court documents show that Lilly contended that the two antibodies used in the drugs were different and, therefore, no infringement existed.
After a thorough examination of the case, Judge Burroughs agreed that the two drugs were distinct and that Teva’s patents were too expansive. Judge Burroughs stated in her ruling that, “Even viewing the evidence in the light most favorable to the verdict, asserted claims are too broad.” She subsequently overturned the original jury verdict awarded to Teva writing in her ruling that “The Court does not reach this decision nor overturn a jury verdict lightly.”
Dillon Construction Group Files Copyright Infringement Suit Against Andretti Global Construction Team
Hamilton County, Indiana– The Plaintiffs, DCG Indiana, Inc. d/b/a Dillon Construction Group, filed suit against Cardinal XLIII, LLC (Delaware); Motorsport Real Estate Ventures LLC (Delaware); Studio M Architecture and Planning, LLC (Indiana); Gradex, Inc. (Indiana); and Glenmark Construction Co. Inc. (Indiana) in part, for copyright infringement of works of original authorship.
According to the complaint, in early 2022, Andretti Global hired the Plaintiff and the Defendants to design and construct a racing facility in Fishers, IN. The parties then entered into a Design-Build Contract, which included financial terms, budgets, building plans, completion dates, etc. The Plaintiffs also claim that the contract granted Cardinal a limited, irrevocable, and nonexclusive license to use the drawings, specifications, calculations, etc. (Instruments of Service) created by DCG, while also maintaining that DCG was the author and owner of said Instruments of Service, and would, therefore, retain all common law, statutory and other reserved rights, including copyrights. More importantly, the claim states that the contract specified that should Cardinal not substantially perform its obligations, including payment of any past-due fees to DCG, the copyright license granted to Cardinal would automatically terminate. (Click to read the cited part of the Design-Build Contract.)
According to the Plaintiff, on March 10, 2023, Cardinal notified DCG that it would be terminating the Design-Build Contract. At the time the Plaintiff claims Cardinal still owed them $1,011.462.21, which, according to the terms of the Design-Build Contract, meant the copyright license granted to Cardinal should have ceased. However, the Plaintiff alleges that Cardinal continued to use DCG’s Instruments of Service after the illegal termination of the contract and even after receiving cease-and-desist letters from Plaintiff’s counsel.
Agricultural Machinery Manufacturing Company (Par-Kan) Sued for Alleged Patent Infringement
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.
Patent Office Issued 245 Patents to Indiana Entities in May 2023
The U.S. Patent Office issued the following 245 patents to persons and businesses in Indiana in May 2023:
US 11662147 B2 | Heat exchange system and method | |
US 11660952 B2 | Energy storage system for electric vehicles | |
US 11660212 B2 | Method and apparatus for implanting a knee prosthesis | |
US 11660209 B2 | Acetabular cup prosthesis alignment system and method | |
US 11660927 B2 | Side-by-side vehicle |
USPTO Ushers in New Era with Introduction of Electronic Patent Grants
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.
Patent Office Issues 141 Patents to Indiana Citizens in July 2021
Patent No. | Title |
D0926,292 | Faucet |
D0926,291 | Faucet |
D0926,144 | Contact |
D0926,104 | Wheel chock |
D0926,078 | Buckle system |
D0926,018 | Knob |
D0925,933 | Banquette |
11,074,802 | Method and apparatus for automatic event prediction |
11,074,674 | Imaging noise reduction system and method |
11,073,322 | Modular heat transfer system |
11,073,200 | Embedded auxiliary oil system for gearbox protection |
11,073,083 | Particle separator |
11,073,045 | Turbine shroud assembly with case captured seal segment carrier |
11,073,026 | Turbine shroud assembly with multi-piece support for ceramic matrix composite material seal segments |
11,072,162 | Methods and apparatus for compensating for thermal expansion during additive manufacturing |
11,072,096 | Apparatuses and methods to mold complex shapes |
11,071,831 | Dose detection system module for medication delivery device |
11,071,819 | Valve drive unit with shape memory alloy actuator |
11,071,666 | Systems, methods, and devices for treatment of sleep disorders |
11,071,636 | Thoracic aorta stent graft with access region |
11,071,535 | Vascular anchoring introducer sheath |
11,071,521 | Internal ultrasound assembly with port for fluid injection |
11,071,454 | Identification of device location in healthcare facility |
11,071,393 | Apparatus for adding hospital bed functionality to an at-home bed |
D0925,517 | Communication console |
D0925,306 | Mattock tool |
11,071,201 | Method and apparatus for terminating an electrical cable to an integrated circuit |
11,070,943 | Systems and methods for identifying parties based on coordinating identifiers |
11,070,290 | System and method for using a solar cell in wireless communication |
11,068,403 | Data processing system for prefetching data to buffer entries and operating method of the data processing system |
11,067,588 | Medical analyte testing system and operating method therefor |
11,067,509 | Fluorescent microscope |
11,067,029 | Systems and methods for coupling a cylinder head to a cylinder block |
11,067,015 | Systems and methods for cylinder deactivation operation in response to route conditions |
11,067,014 | System and method for reducing engine knock |
11,067,006 | Gas turbine engine system with synchronization features for gearbox operation |
11,066,973 | Heating system for a tank header of aftertreatment system and method of heating a tank header |
11,066,947 | Turbine shroud assembly with sealed pin mounting arrangement |
11,066,849 | Adjustable decorative lockset rose assembly |
11,066,460 | Phage display vectors and methods of use |
11,066,386 | CGRP receptor antagonists |
11,066,256 | Grain bin powersweep with sump shaft aperture sealing cover plate assembly |
11,066,249 | Loading table roller brush assembly |
11,066,247 | Powersweep including gearbox shifter mechanism |
11,066,051 | Wheel sensors within vehicular brake assemblies |
11,065,808 | Methods and apparatus for compressing material during additive manufacturing |
11,065,391 | Automatic injection device with variable dosing |
11,065,386 | Automatic medication injection device with audible indication of injecting progress |
11,065,368 | Drug eluting graft constructs and methods |
11,065,216 | Compositions and methods for regulating body weight and metabolic syndromes |
11,065,130 | Expandable spinal implant system and method of using same |
11,065,123 | Compression resistant implants including an oxysterol and methods of use |
11,065,103 | Method and apparatus for fixation of an ACL graft |
11,065,065 | Spinal implant system and methods of use |
11,064,987 | Volumetric grafts for treatment of fistulae and related methods and systems |
11,064,822 | Snap together frame |
RE048,635 | ERK inhibitors |
D0925,160 | Cremation urn |
D0925,032 | Component for a drug delivery device |
D0925,014 | Handshower holder |
D0925,008 | Faucet handle |
D0925,007 | Faucet |
D0924,983 | Children’s ride-on vehicle |
11,063,445 | Multi-cell battery management device |
11,062,707 | Voice recognition for patient care environment |
11,062,541 | Automated architectural specification generation and hardware identification |
11,061,482 | Force sensitive input devices and methods |
11,061,035 | Charged mass labeling system |
11,060,998 | Nonlinear mass sensors based on electronic feedback |
11,060,978 | Methods of determining an analyte concentration in a body fluid sample having disturbance variables, as well as computer programs and devices therefor |
11,060,959 | Systems and methods for analyzing an analyte extracted from a sample using an adsorbent material |
11,060,939 | Diagnosing cylinder pressure sensor gain and offset |
11,060,578 | Conical spring washer, transmission system, and method of assembly thereof |
11,060,468 | Engine intake air system including CAC bypass and separate bypass heater, and high-efficiency spark-ignited direct injection liquid propane engine architectures including same |
11,060,451 | Fuel injector cleaning system, fluid, and method |
11,060,434 | Reductant injection in exhaust manifold |
11,060,004 | Adhesives and methods of making the same |
11,059,504 | Technologies for caddy assemblies |
11,059,416 | Electrochromic adaptive driving beam system and method |
11,059,413 | Retractable room actuation assembly for recreational vehicle |
11,059,369 | Diesel exhaust fluid tank venting system |
11,059,359 | Tonneau cover tie-down assembly |
11,059,259 | Composite core with reinforced plastic strips and method thereof |
11,059,227 | Print head for additive manufacturing |
11,058,976 | Valve-sensor assembly |
11,058,805 | Compositions and devices incorporating water-insoluble therapeutic agents and methods of the use thereof |
11,058,554 | Hard bearing inserter rings |
11,058,495 | Surgical system having assisted optical navigation with dual projection system |
11,058,464 | Interspinous process fixation devices, systems, instruments and methods of assembly and use |
11,058,368 | Distributed healthcare communication system |
11,058,108 | Stable high strength oil-in-water emulsions |
11,058,092 | Animal crate with swing or drop door |
11,058,089 | Soybean variety 5PVSQ69 |
11,058,055 | Airflow for an agricultural harvesting combine |
D0924,441 | Beam |
D0924,392 | Component of a drug delivery device |
D0924,391 | Component for a drug delivery device |
D0924,378 | Non-return device valve member |
D0924,371 | Faucet |
D0924,370 | Faucet |
D0924,366 | Faucet |
D0924,365 | Faucet body |
D0924,364 | Faucet |
D0924,358 | Faucet sprayhead |
D0924,170 | Electrical connector |
D0924,169 | Electrical connector |
D0924,035 | Knob |
D0923,965 | Towel bar |
11,057,722 | Hearing aid for people having asymmetric hearing loss |
11,057,240 | Method and process for securing an executable image |
11,056,838 | Transceiver receptacle with EMI cage and bezel clips that provide high shielding effectiveness |
11,056,329 | ESI-MS via an electrokinetically pumped interface |
11,055,386 | Controlling user access to a medical system |
11,054,318 | System for nondestructive residual stress profiling using inductive sensing |
11,054,114 | Illuminating, spinning device |
11,054,039 | Seal runner support |
11,053,962 | Method and apparatus of plasma flow control for drag reduction |
11,053,881 | Hierarchical engine control systems and methods |
11,053,830 | Mixer for NOx sensor |
11,053,828 | Separately determining firing density and pumping density during firing density transitions for a lean-burn internal combustion engine |
11,053,817 | Turbine shroud assembly with ceramic matrix composite blade track segments and full hoop carrier |
11,053,806 | Brazed blade track for a gas turbine engine |
11,053,801 | Gas turbine engine composite vane assembly and method for making the same |
11,053,646 | Helicopter and VTOL aircraft landing pad information sheet |
11,053,578 | Removing coatings from ceramic matrix composite substrates |
11,053,544 | Corn event DAS-59122-7 and methods for detection thereof |
11,053,511 | Production of DHA and other LC PUFAs in plants |
11,053,290 | Modified Tamm-Horsfall protein and related compositions and methods of use |
11,053,214 | Compositions and methods related to pyridinoylpiperidine 5-HT.sub.1F agonists |
11,053,003 | Cyclorotor thrust control, transmission and mounting system |
11,052,878 | Manually-operable hydraulic stabilizing system |
11,052,192 | Disposable inserter and reusable inserter for accommodating a disposable inserter |
11,052,153 | Highly branched alpha-D-glucans |
11,052,009 | Device for adjustably supporting portions of a patient for surgery |
11,052,008 | Surgical frame and method for use thereof facilitating patient transfer |
11,051,961 | Deployment handle with stabilizing rail for a pre-loaded prosthesis delivery device |
11,051,899 | Surgical draping system and method |
11,051,865 | Fixation of bone implants |
11,051,859 | Spinal correction system and method |
11,051,854 | Spinal implant system and method |
11,051,770 | Patient positioning support structure |