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Indianapolis, Indiana – Patent lawyers for Eli Lilly and Company of Indianapolis, IN, have filed a lawsuit alleging Dr. Reddy’s Laboratories, Ltd. of Hyderabad, India, and Dr. Reddy’s Laboratories, Inc. of Bridgewater, NJ, will infringe Patent No. 5,464,826, titled METHOD OF TREATING TUMORS IN MAMMALS WITH 2′,2′-DIFLUORONUCLEOSIDES, as issued by the U.S. Patent Office.

The ‘826 patent covers the drug marketed under the name GEMZAR(R) for the treatment of abnormal masses of tissue known as neoplasms. The complaint states that, in a separate lawsuit, the ‘826 patent was found invalid on grounds of obviousness-type double patenting, but that Lilly has appealed to the Federal Circuit and believes the ruling will be reversed. Assuming validity, the ‘826 patent is set to expire in late 2012, and a six-month period of FDA-granted market exclusivity follows. Lilly also holds approved New Drug Application No. 20-509 for the use of GEMZAR(R) as a treatment for certain types of cancer.
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Fort Wayne, Indiana – Intellectual property lawyers for Hydraulic Marine Systems, Inc. of Deland, FL, have filed a lawsuit alleging Mid-America Foundation Supply, Inc. d/b/a Poseiden Barge Corp. of Fort Wayne, IN, has infringed copyrights and trade dress as well as violated federal and state unfair competition laws.

In the filing, the plaintiff and defendant are said to have discussed the possibility of the defendant becoming an authorized distributor of plaintiff’s barge thrusters, with no such relationship being formed and the defendant ultimately purchasing such thrusters from the plaintiff. Subsequently, the defendant is alleged to have developed its own thruster using the plaintiff’s product as a template for infringing non-functional features. It is claimed that the defendant also copied the plaintiff’s instructions, which are registered with the U.S. Copyright Office, verbatim in addition to reproducing photographs and illustrations created by the plaintiff. The defendant then allegedly displayed its product at trade shows, with any information identifying the plaintiff having been removed.
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New Albany, Indiana – Copyright lawyers for DirecTV, Inc. of California have filed a suit alleging Jersey’s Cafe of Clarksville, IN, violated the Cable Communications Policy Act of 1984, 47 U.S.C. § 521, et seq. The plaintiff, a well-known distributor of satellite television programming, encrypts its broadcast transmissions and claims that the defendants, which include the principals of the cafe, willfully, and without a license, displayed National Football League games only available through a premium DirecTV service. The complaint also includes a cause of action for conversion, essentially the civil counterpart of theft under criminal law.

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The US Trademark Office issued the following 150 trademark registrations to persons and businesses in Indiana in September, 2010, based on applications filed by Indiana Trademark Attorneys:

 Reg. Number 

Mark

 Click to View
1           3,855,257 SMART LINK View
2           3,853,994 DAN’S COMPETITION View
3           3,853,648 ONE CARE STREET View
4           3,855,035 CASTOLAY View
5           3,851,767 SIMAC View

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Indiana patent attorneys obtained issuance of the following 125 patents from the US Patent Office to persons and businesses in Indiana in September, 2010:

 

PAT. NO.

 

Title

1

7,805,262

Utility meter using temperature compensation

2

7,805,235

System and method for controlling a flow of intake air entering an internal combustion engine

3

7,804,991

Apparatus and method for measuring anatomical objects using coordinated fluoroscopy

4

7,804,330

Adaptive keeper circuit to control domino logic dynamic circuits using rate sensing technique

5

7,803,938

Potentiators of glutamate receptors

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South Bend, Indiana – As part of a continuing dispute, intellectual property counsel for Forest River, Inc.of Elkhart, IN, has filed a lawsuit accusing Heartland Recreational Vehicles, LLC of Elkhart, IN, of unfair competition, interference with contractual relations, and violating the Computer Fraud and Abuse Act, among other claims.

The plaintiff, Forest River, manufactures and sells recreational vehicles (RVs) to dealers, who in turn sell the RVs to consumers, and has begun staging a private trade show in Elkhart. Defendant Heartland is a direct competitor. Allegedly, Heartland improperly obtained, through personal contact and mutual connections, Forest Park’s list of trade show guests, dealers said to be potential Forest River customers, and related proprietary information.

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 Hammond, Indiana – Copyright lawyers for Broadcast Music, Inc.of New York City have filed an infringement suit on behalf of musical artists which BMI represents. The complaint alleges Trioak, Inc. d/b/a R House of Brews of Crown Point, IN, infringed the right to publicly perform twelve songs, including works by artists such as the Everly Brothers, Hank Williams Jr., Joe Walsh, Al Green, and Johnny Cash. All of the allegedly-infringed works have been registered with the U.S. Copyright Office.
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New Albany, Indiana – Intellectual property attorneys for Joe Hand Promotions, Inc. of Feasterville, PA, have filed a lawsuit alleging William D. Longwell of Clarksville, IN, and Pitt Stop Pub & Grill of Beloit, WI improperly obtained a broadcast of Ultimate Fighting Championship (UFC) bout #94. The complaint alleges that the plaintiff holds the distribution rights to the UFC fight and that the defendants, in violation of 47 U.S.C. § 553 and 47 U.S.C. § 605(a), used illegal means to intercept the broadcast, such as an illegal satellite receiver, misrepresenting their business as a residence, or moving an authorized receiver from one location to another.

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New Albany, Indiana – Trademark attorneys for Coach, Inc. and Coach Services, Inc. of New York City have filed a lawsuit alleging Designer Fragrance & Gifts of Jeffersonville, IN, infringed a family of COACH trademarks which are registered with the U.S. Trademark Office, including Trademark Registration No. 2,088,706 for the mark COACH in connection with goods such as luggage, satchels, and backpacks.

In addition to the trademarks, the complaint alleges infringement of copyrights which have been registered with the U.S. Copyright Office . Coach also alleges that its products feature distinctive and non-functional trade dress, including designs, fabrics, colors, and patterns. The defendants are offering for sale counterfeit products which are “studied imitations” of Coach handbags, wallets, jewelry, and sunglasses and thereby infringe and dilute the COACH marks, infringe the trade dress and copyrights, and constitute unfair competition, according to the complaint.

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New Albany, Indiana – Trademark lawyers for Coach, Inc. and Coach Services, Inc. of New York City have filed a lawsuit alleging TJ’s Handbags & More of Scottsburg, IN, infringed a family of COACH trademarks which are registered with the U.S. Trademark Office, including Trademark Registration No. 2,088,706 for the mark COACH in connection with goods such as luggage, satchels, and backpacks.

In addition to the trademarks, the complaint asserts copyrights which have been registered with the U.S. Copyright Office and maintains that Coach’s products feature distinctive and non-functional trade dress, including designs, fabrics, colors, and patterns. The complaint alleges that the defendants are offering for sale counterfeit products which are “studied imitations” of Coach handbags, wallets, jewelry, and sunglasses and thereby infringe and dilute the COACH marks, infringe the trade dress and copyrights, and constitute unfair competition.

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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
Fax: 866.283.8549

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