Indiana Intellectual Property Law News

June 21, 2018

Seventh Circuit Upholds Preliminary Injunction Issued in Favor of Elanco US, Inc. Against Arla Foods

Eli Lilly & Company and its subsidiary, Elanco US Inc., both of Greenfield, Indiana, filed suit in the Eastern District of Wisconsin alleging that Arla Foods, Inc. USA of Denmark, and Arla Foods Production LLC a Delaware Corporation used false advertising and unfair business practices in regards to Arla brand cheeses.

In 2017, Arla Foods launched a $30 million advertising campaign focused on expanding its cheese sales in the U.S. These advertisements included ads featuring a seven-year-old girl describing recombinant bovine somatotropin (“rbST”), an artificial growth hormone used to treat cows, as a type of monster. The ads implied that milk from cows that were treated with rbST was unwholesome and unnatural, therefore not good for your family.

Elanco makes the only FDA-approved rbST supplement, marketed under the name Posilac®. After the Arla campaign launched, Elanco filed suit alleging that Arla was in violation of the Lanham Act and simultaneously moved for a preliminary injunction with supporting copies of ads, evidence that a major cheese distributor decreased its purchasing of rbST in response to the ad campaign, and scientific literature pertaining to rbST’s safety. The district judge issued the requested injunction and later modified the injunction to cure technical deficiencies.

June 15, 2018

Federal Circuit Court of Appeals Affirms Ruling by Indiana Southern District Declining Award of Attorney Fees

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Stone Basket Innovations, LLC of Austin, Texas, filed a patent infringement lawsuit in the Eastern District of Texas which was transferred to the Southern District of Indiana alleging that Cook Medical, LLC of Bloomington, Indiana, infringed Patent No. 6,551,327 (“‘327 Patent”), Endoscopic Stone Extraction Device with Improved Basket, issued by the US Patent Office.

The initial Complaint for this case was filed on April 8, 2015. Defendant served their invalidity contentions in October 2015 and deposed the ‘327 patent’s inventor in January of 2016. During the deposition, the inventor stated in regards to an addition to overcome an examiner’s rejection, “I realize there is nothing novel about it.” Defendant then petitioned the U.S. Patent and Trademark Office for inter partes review (IPR) of all the claims. The District Court case was stayed pending the outcome of the petition for an IPR based off a joint motion.

After the IPR was instituted in September 2016, Plaintiff offered to license the ‘327 patent to Defendant for $150,000.00. Negotiations fell through and the settlement did not occur. Plaintiff then filed a motion requesting an adverse judgment in the IPR proceeding in December 2016 and moved to dismiss the District Court case with prejudice, both of which were granted.

June 14, 2018

Indiana Copyright Litigation: Illinois Photographer Sues Indiana Company Over Unauthorized Use of Photograph

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney for Plaintiff, Linda Matlow of Chicago, Illinois filed suit in the Southern District of Indiana alleging that Defendant, Rodgers Broadcasting Corp. of Richmond, Indiana, infringed its rights to the “Parr Photo” registered on December 7, 2011 with the U.S. Copyright Office, Registration Number VAu 1-085-861. Plaintiff is seeking actual and/or statutory damages, costs, attorney’s fees, an injunction, and any other relief as is just and proper.

Plaintiff’s Attorney, Bell, has filed many lawsuits on his own behalf asserting copyright infringement in Indiana federal courts. Bell has been unsuccessful as a plaintiff in many of his own infringement cases and has been ordered to pay the Defendant’s fees as a result. See:

According to the complaint, the Plaintiff took the photograph in question in the 1980’s and proceeded to register the photograph with the U.S. Copyright Office in 2011. Plaintiff alleges that the Defendant infringed on her copyright when its subsidiary KMIX 106.9 published the photograph on their Twitter account in 2017.

June 12, 2018

Indiana Copyright Litigation: Maker of Movie “Once Upon a Time in Venice” Suing BitTorrent Users Who May Have Pirated Movie

By Overhauser Law Offices, LLC

Indiana – Attorneys for Plaintiff, Venice, P.I. had filed suit in the Northern District of Indiana alleging that many anonymous Defendants, as listed below, infringed the Plaintiff’s copyright:

June 11, 2018

Indiana Odor Removal Manufacturer Files Suit Alleging Trademark Infringement by Alabama Firm also Operating in Oklahoma

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Phocatox Technologies, LLC of Carmel, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Jerry D. Wiersig of Foley, Alabama, Todd M. Hoffman of Edmond, Oklahoma, BioClean Remediation, LLC of Foley, Alabama, and BioClean Remediation, LLC of Edmond Oklahoma infringed the rights in United States Trademark Registration No. 3,351,509 for “BioSweep”. Plaintiff is seeking injunctive relief and judgment, including statutory damages and attorney’s fees.

Plaintiff operates under the business name “BioSweep” and manufactures and licenses odor removal and decontamination equipment. The name “BioSweep” is trademarked by the Plaintiff under registration No. 3,351,509.

June 4, 2018

Patent Office Issues 209 Patents To Indiana Citizens in May 2018

By Overhauser Law Offices, LLC

The U.S. Patent Office issued the following 209 patent registrations to persons and businesses in Indiana in May 2018, based on applications filed by Indiana patent attorneys:

Overhauser Law Offices, the publisher of this site, assists with US and foreign patent searches, patent applications and assists with enforcing patents via infringement litigation and licensing.

	Patent No.	Title
1	9983254	Wireless power line sensor
2	9983221	In-vitro diagnostic analysis method and system
3	9983213	Identification of subjects being susceptible to anti-angiogenesis therapy
4	9983192	Method and device for assigning a blood plasma sample
5	9983140	Method and device for detecting an analyte in a body fluid

June 1, 2018

193 Trademark Registrations Issued to Indiana Companies in May 2018

By Overhauser Law Offices, LLC

Overhauser Law Offices the publisher of this site, assists with US and foreign trademark searches, trademark applications and assists with enforcing trademarks via infringement litigation and licensing.

Registration No.	Word Mark	Click To View
5480728	REELCRAFT	TSDR
5480721	MYLOGOSHOP.COM	TSDR
5480716	DEA	TSDR
5480617	COUNT ON IT	TSDR
5480608	COMFORTDRIVE	TSDR
5480087	CROSSROADS KOMBUCHA	TSDR

May 31, 2018

New Jersey Patent Litigation: Warsaw, Indiana Based Biomed Company Awarded $13 Million in Patent Case

By Overhauser Law Offices, LLC

New Jersey – In February of 2005, Attorneys for Plaintiff, Howmedica Osteonics Corp., of Mahwah, New Jersey filed suit in the District Court of New Jersey alleging that Defendants, Zimmer, Inc. of Warsaw, Indiana, Centerpulse Orthopedics, Inc. of Austin, Texas, and Smith & Nephew, Inc. of Memphis, Tennessee infringed its rights in United States Patent No. 6,174,934 (“the ‘934 Patent”) for “Non-oxidizing Polymeric Medical Implant”, United States Patent No. 6,372,814 (“the ‘814 Patent”) for “Non-oxidizing Polymeric Medical Implant”, United States Patent No. 6,664,308 (“the 308 Patent”) for “Non-oxidizing Polymeric Medical Implant”, and United States Patent No. 6,818,020 (“the ‘020 Patent”) for “Non-oxidizing Polymeric Medical Implant”. Plaintiff sought judgment for damages including interest and costs, treble damages, expenses, and attorneys’ fees.

Plaintiff is a corporation that develops, manufactures, and distributes orthopedic products, generally used in hip and knee procedures and other bone replacement procedures. Defendant is a corporation based in Warsaw, Indiana, that also focuses on products for joint and extremity replacements.

May 25, 2018

Indiana Jury Awards just $3,228 for Trademark Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Barrington Music Products, Inc. of Niles, Michigan filed suit in the Northern District of Indiana alleging that Defendants, Music & Arts Centers of Bel Air, Maryland, Guitar Center Stores, Inc. of Westlake Village, and Eastman Music Company of Pomona, California infringed the rights in Trademark Registration Numbers 3,831,402 and 3,831,403. Plaintiff sought actual damages, punitive damages, attorney’s fees and costs, prejudgment interest, and any other relief.

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Plaintiff is an Indiana corporation that sells musical instruments across the country and world. Defendants are various musical instrument shops that sell similar types of items to those that Plaintiff sells. Continue reading

May 22, 2018

Indiana Copyright Litigation: Indiana Sculptor Sues City of Seymour Over Mishandling of Sculpture

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Terry Champ of Jackson County, Indiana filed suit in the Southern District of Indiana alleging that Defendant, The City of Seymour of Jackson County, Indiana infringed a work of visual art under the Visual Artists Rights Act (“VARA”). Plaintiff is seeking judgment in the amount of $150.000, attorney’s fees, and other relief the Court deems appropriate.

In 2010, Plaintiff completed a 9-foot tall sculpture named Trinity, meant to symbolize the Holy Trinity in Christianity. The sculpture contains steel beams and a combination of gold and silver paint. The sculpture was sponsored by the city of Seymour, as part of an initiative to enhance various spots around town with artwork.

Trinity was loaned to the city and then displayed at an intersection in town, until a member of the Department of Public Works requested it be removed. The sculpture was removed and stored in a garage, where Plaintiff eventually found it laying on its side in the gravel. According to the complaint, the sculpture was damaged all over with scratches and gouges in the steel and bent parts.