Indianapolis, Indiana – Magistrate Judge Denise K. LaRue, writing for the Southern District of Indiana, directed the Clerk of the Court to sever all but one defendant from the copyright infringement complaint of Richard Bell, an Indiana copyright attorney. Bell was also ordered by the court to pay separate filing…
Chicago, Illinois – Indiana trademark attorney Paul B. Overhauser, on behalf of K.T. Tran and Real Action Paintball, Inc., a California corporation (collectively “RAP4”), argued before the United States Court of Appeals for the Seventh Circuit that the trademark infringement suit brought in the Northern District of Indiana by Advanced…
Terre Haute, Indiana – Indiana trademark litigation against a corporate entity requires the participation of an attorney for the defense to avoid default. In 2013, a trademark lawyer for Coach, Inc. of New York, New York and Coach Services, Inc. of Jacksonville, Florida (collectively “Coach”) sued for trademark infringement in…
Washington, D.C. – The United States Court of Appeals for the Federal Circuit concluded in a six-to-four decision that the rule in Cybor – that claim construction is an issue of law subject to de novo review on appeal – will be retained under the principles of stare decisis. In…
Washington, D.C. – An issue in the patent infringement dispute between medical-device giant Medtronic, Inc. and Mirowski Family Ventures, LLC (“Mirowski”) was heard by the United States Supreme Court. In question was the placement of the burden of proof in patent infringement litigation that seeks a declaratory judgment. The Supreme…
Indianapolis, Indiana – The Southern District of Indiana is beginning a pilot program that will allow active hyperlinks to be included within e-filed and court-issued documents. Hyperlinks will allow immediate access by the reader to the referenced materials, i.e., case management and electronic court filing system (“CM/ECF”) filings, case and…
Richmond, Virginia – PBM Products, LLC (“PBM”) sued Mead Johnson & Company, LLC (“Mead Johnson”) alleging false advertising in violation of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A) and (B), and commercial disparagement. Mead Johnson filed counterclaims against PBM. The district court dismissed the counterclaims and entered an injunction against…
Indianapolis, Indiana – In the matter of Orbitz, LLC v. Indiana Department of State Revenue, Orbitz, LLC of Chicago, Illinois was heard by the Indiana Tax Court on its request to prohibit public access to information in the court record. The court granted the request, holding the trade secrets contained…
Indianapolis, Indiana – Citing the recent U.S. Supreme Court decision in Gunn v. Minton, the Southern District of Indiana has remanded to the Marion Superior Court the legal malpractice lawsuit filed by the Indiana patent lawyer for Miller Veneers, Inc. The Defendants in the case are Indiana patent attorney Clifford…
Fort Wayne, Indiana – District Magistrate Judge Roger B. Cosbey struck four affirmative defenses asserted by anonymous Defendant John Doe in Plaintiff Malibu Media’s lawsuit in the Northern District of Indiana for copyright infringement. Plaintiff Malibu Media, LLC, filed a copyright infringement action against Defendant John Doe. Defendant answered with…