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Eli Lilly and Company, a leader in pharmaceutical innovation for nearly 150 years, has filed legal complaints against more than six medical spas and wellness centers for selling products that claim to contain Tirzepatide, the active ingredient in its popular diabetes and weight loss medications, MOUNJARO® and ZEPBOUND®. The complaints allege multiple infringements under federal and state laws, aimed at safeguarding patients from deceptive practices surrounding the FDA-approved medications.Pic

According to the suits, MOUNJARO® and ZEPBOUND ® were developed through rigorous clinical trials and FDA approval processes. However, Lilly claims that the drugs offered by the Defendants in the cases are compounded products—neither tested nor approved by the FDA.

The lawsuit contends that the Defendants have deliberately misled consumers by creating the false impression that their products are equivalent to Lilly’s MOUNJARO® and ZEPBOUND®. This deception is allegedly propagated through deceptive advertising, including the use of Lilly’s trademarks without authorization, and misleading claims about the safety and approval status of their compounded drugs.

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The U.S. Trademark Office issued the following  179 trademark registrations to persons and businesses in Indiana in June 2024 based on applications filed by Indiana trademark attorneys:

Registration Number                                   Wordmark
7404836 MN
7409773 FINANCIAL SERVICES BUILT FOR HARDWORKING PEOPLE
7430759 INDIANA ANESTHESIA SOLUTIONS
7417920 ADDICTIVELY TOXIC
7417161 THANK YOU FOR BEING SUCH AN IMPORTANT PIECE OF MY STORY
7422200 WEBSTONE

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The U.S. Patent Office issued the following 192 patents to persons and businesses in Indiana in May 2024:

PATENT NUMBER                                               PATENT TITLE
US 11995034 B2 Hierarchical tags with community-based ratings
US 11992228 B2 Reciprocating rasps for use in an orthopaedic surgical procedure
US 11993124 B2 Side-by-side vehicle
US 11993954 B2 Mortise and multipoint latching assembly
US 11992611 B2 Respiratory therapy apparatus control
US 11996582 B2 Separators for VRLA batteries and methods relating thereto

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Judge-Collins-183x300Fort Wayne, Indiana – United States Magistrate Judge Susan L. Collins has announced her plans to retire in July 2025, culminating a distinguished thirty-seven-year career in public service. Judge Collins has served nearly a decade as a Magistrate Judge for the United States District Court for the Northern District of Indiana. Her career includes twelve years as an Assistant U.S. Attorney in Hammond and sixteen years as a prosecuting attorney for the Lake County Prosecutor’s Office, where she handled numerous complex and high-profile federal and state criminal cases.

Judge Collins graduated from Drake University School of Law and DePauw University. She has also contributed to legal education as an Adjunct Professor of Law at Valparaiso University School of Law, teaching trial practice. Her exemplary service has been recognized with several awards, including the Meritorious Public Service Award and the Director’s Award for Superior Performance as an Assistant United States Attorney.

Chief Judge Brady praised Judge Collins, stating, “The judges of the Northern District of Indiana are grateful for Magistrate Judge Collins’ service to the Court. Her well-deserved retirement marks the end of an admirable career of public service.”

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Eli Lilly and Co., together with POINT Biopharma, are facing a lawsuit accusing them of willful infringement of a cancer treatment patent held by the Purdue Research Foundation. The lawsuit, filed in the U.S. District Court for the Southern District of Indiana, alleges that the defendants have infringed on patents related to radiotherapeutic drugs for prostate cancer, particularly focusing on POINT’s drug PNT2002. Pic-1

The Purdue Research Foundation, along with co-plaintiffs Endocyte Inc. and Novartis Pharmaceuticals Corp., claims that POINT’s PNT2002 infringes on U.S. Patent 10,624,970, which covers treatments targeting the prostate-specific membrane antigen (PSMA). The plaintiffs assert that POINT’s actions have caused substantial damage and are seeking injunctive relief and monetary damages.

Lilly’s spokesperson stated that the lawsuit lacks merit and expressed confidence in defending against the claims. The case, assigned to District Judge Richard Young and Magistrate Judge Tim A. Baker, is documented under Case No. 1:24-cv-01011.

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The U.S. Trademark Office issued the following 217 trademark registrations to persons and businesses in Indiana in May 2024 based on applications filed by Indiana trademark attorneys:

Registration         Number           Wordmark
7377089 M MERCHANTS BANK OF INDIANA
7377091 MERCHANTS BANK OF INDIANA
7377090 M MERCHANTS BANK OF INDIANA
7383748 GUIDED PATHWAYS
7383753 GAME CHANGERS

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PicThe court’s recent opinion by Justice Massa in Illinois Casualty Company (ICC) v. Thirty-Three Models addresses the key question of “Who decides?” in the context of arbitrability, focusing on whether disputes should be resolved by arbitration or through the courts based on the parties’ agreements. This case exemplifies an intellectual property law dispute centered on the right of publicity, which protects an individual’s identity from unauthorized commercial exploitation. The right of publicity grants individuals exclusive authority to license their own identity for commercial purposes, safeguarding their name, likeness, and other recognizable aspects from being used without permission for profit. By addressing the misuse of a person’s identity for commercial gain, this case shows the importance of upholding intellectual property rights to ensure individuals retain control over how their identity is used in the marketplace.

The main issue explored in this opinon is who has the authority to decide if a dispute must be resolved through arbitration. The court considered two primary questions:

  1. Does incorporating American Arbitration Association (AAA) rules indicate a clear intent to delegate arbitrability to an arbitrator.
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The U.S. Patent Office issued the following 277 patents to persons and businesses in Indiana in April 2024:

Patent Number                                               Patent Title
US 11970448 B2 Monomers capable of dimerizing in an aqueous solution, and methods of using same
US 11970512 B2 Amphotericin B derivatives with improved therapeutic index
US 11974197 B2 Method and system for distributed management of remote transmitters interacting with mobile devices
US 11971407 B2 Detection of anti-p53 antibodies
US 11969353 B2 Directional locking reverse shoulder prostheses and systems
US 11969559 B2 Catheter hub with sealed access port

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Prince William County, Viriginia – Plaintiff Morgan Howarth has filed suit against Fishers, Indiana Defendant, My Sauna World LLC.  Morgan Howarth, a professional photographer, accuses Sauna World LLC of infringement under the Copyright Act, 17 U.S.C. §101 et seq. for allegedly using his copyrighted photographs without permission or authorization.

The photograph in question is a master bathroom image that Howarth claims he created and registered with the United States Copyright Office in 2011. Despite his purported ownership and licensing rights, Howarth argues that My Sauna World LLC prominently featured the photograph on its own website as part of an online product listing, thereby infringing on Howarth’s copyright.Screenshot-2024-05-31-091009

Central to the case is the question of whether My Sauna World LLC’s actions constitute willful copyright infringement. Howarth argues that the defendant knowingly and intentionally violated his copyright by continuing to reproduce and display the photograph even after they were notified of the alleged infringement.

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Eli Lilly and Company has reached a settlement with Totality Medispa, a South Carolina-based medical spa, after filing lawsuits in late 2023. The agreement requires Totality Medispa to pay a monetary amount and stop misleading consumers about selling Lilly’s popular, FDA-approved, diabetes and weight-loss treatments, tirzepatide, Mounjaro® or Zepbound®.

Pic-300x92Eli Lilly is the only authorized supplier of FDA-approved tirzepatide medicines in the U.S. and does not provide tirzepatide’s active pharmaceutical ingredient (API) to any compounding pharmacies. Any product labeled as “tirzepatide” that is not sold by Lilly is not FDA-approved and could be dangerous.

Because Eli Lilly places patient safety at the forefront, the company has been alarmed by the dangers of Totality Medispa’s products being falsely marketed as FDA-approved tirzepatide, Mounjaro®, or Zepbound®. These counterfeit products have not been reviewed by the FDA or any global regulatory bodies, posing serious health risks to patients.

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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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