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Articles Posted in Civil Procedure

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Federal Circuit Rejects Broad Right of Public Access to Patent Trials

Washington, D.C. – The United States Court of Appeals for the Federal Circuit held that a showing of good cause was sufficient to support parties’ requests to file documents under seal. The case was heard by Circuit Judges Sharon Prost, William C. Bryson and Kathleen O’Malley. Courts have traditionally acknowledged…

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Preliminary Injunction Improper for Overly Broad Non-Compete Agreement

Indianapolis, Indiana – Indiana Court of Appeals Judges Elaine Brown, Edward Najam and Paul Mathias reversed a trial court’s entry of preliminary injunction, holding that the non-compete agreement at issue was overly broad and, thus, unreasonable as a matter of law. Glacier Group (“Glacier”) provides employee recruiting and placement services…

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Endotach’s Patent Infringement Lawsuit Against Cook Medical Dismissed for Lack of Standing

Indianapolis, Indiana – Endotach LLC of Plano, Texas sued Cook Medical Inc. of Bloomington, Indiana alleging infringement of Endovascular Bypass Graft, U.S. Patent No. 5,122,154 (the “‘154 patent”) and Endovascular Stent with Secure Mounting Means, U.S. Patent No. 5,593,417 (the “‘417 patent”; collectively, the “Rhodes patents”) issued by the U.S.…

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Second-Filed Litigation Stayed Pending Venue Ruling in First-Filed Litigation

Indianapolis, Indiana – Nexans, Inc. of New Holland, Pennsylvania sued Belden, Inc. of Richmond, Indiana in the District of Delaware. At issue were allegations of infringement of Patent Nos. 6,074,503, Making enhanced data cable with cross-twist cabled core profile; 7,135,641, Data cable with cross-twist cabled core profile; 7,977,575, High performance…

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Another BitTorrent Defendant Ordered to Pay $20,000 in Default Judgment

Indianapolis, Indiana – The United States District Court for the Southern District of Indiana has granted a motion by Malibu Media of Los Angeles, California for default judgment against Kenny Griffith for infringement of the copyrighted work “Slow Motion” which has been registered by the U.S. Copyright Office. In its…

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Default Judgment of $20,000 Granted in Copyright Infringement Case Involving BitTorrent

Indianapolis, Indiana —The Southern District of Indiana has granted a default judgment to Malibu Media, LLC of Los Angeles, California in its lawsuit against Robert Johnson of Indianapolis, Indiana for copyright infringement of the work “Pretty Back Door Baby.” In its complaint, Malibu Media alleged that Johnson and others directly…

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Endotach Sues Cook Medical for Infringement of Patented Endovascular Technology

Indianapolis, Indiana — Endotach, LLC (“Endotach”) of Plano, Texas sued alleging that Cook Medical Incorporated (“Cook Medical”) of Bloomington, Indiana infringed two patents: Endovascular Bypass Graft, Patent No. 5,122,154, and Endovascular Stent with Secure Mounting Means, Patent No. 5,593,417, which have been issued by the U.S. Patent Office. The patents,…

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Southern District of Indiana Dismisses Wine & Canvas’ Suit for Lack of Personal Jurisdiction

Indianapolis, Indiana — The Southern District of Indiana denied a motion by Wine & Canvas Development, LLC for default judgment and instead dismissed claims against Rachael Roberts and all defendants for lack of personal jurisdiction.  The suit alleged that Rachael Roberts, Avraham Levi, and Las Vegas Bungee, Inc. d/b/a Design…

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Northern District of Indiana Amends Local Rules Effective January 1, 2013

Local Rules for the Northern District of Indiana have been revised and are effective January 1, 2013. The rules which have been amended are L.R. 1-1, L.R. 5-3, L.R. 6-1, L.R. 16-1, L.R. 83-6.7, L.Cr.R. 47-2, L.Cr.R. 47-3 and Local Patent Rules LPR 1-1 through 6-1. A complete copy of…

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Indiana Court Denies Motions to Sever and Quash in Bittorrent Porn Copyright Infringement Suit

Fort Wayne, IN – Copyright attorney Paul Nicoletti filed a lawsuit on behalf of Malibu Media in the Northern District of Indiana alleging copyright infringement of the pornographic movie “Romantic Memories.” It alleges the infringement occurred by downloading it using the Internet file sharing “bittorrent” protocol. The suit was against…

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