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Articles Posted in Intellectual Property Law

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Cancer Treatment Controversy: Eli Lilly and POINT Biopharma Sued by Purdue for Alleged Patent Infringement

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…

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Who Decides? A Critical Examination of Arbitrability in Right of Publicity Cases

The 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…

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Snapshot Showdown: Photographer’s Copyright Battle with Indiana Corporation, My Sauna World LLC

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…

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Eli Lilly Settles with Totality Medispa Over False Advertising

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®. Eli…

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Red Hex Rivalry: Valcrum Hubcaps vs. Dexter’s Fortress

In Cyprus, Texas, Valcrum, LLC (“Valcrum”), a company specializing in trailer and axle market products, is engaged in a legal dispute with Dexter Axle Company, LLC (“Dexter”) from Indiana over trademark and trade dress infringement regarding a hubcap design. According to court documents, Valcrum has developed a reputation for innovative…

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Protecting Quality: Nutramax Laboratories Takes Legal Action Against Alleged Unauthorized Resale

Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. (“Nutramax”) have recently begun legal proceedings against CNB Retailers, LLC, Brett Hart, and Christina Miller (“Defendants”) alleging unauthorized resale of Nutramax products. The suit involves allegations concerning trademark infringement, unfair competition, and interference with contractual agreements. Nutramax Labs and Nutramax Vet,…

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This is Garbage! Photographer Battles Circle City Broadcasting Over Alleged Copyright Infringement

Indianapolis, Indiana – Defendant Circle City Broadcasting, LLC d/b/a WISH-TV, is being sued by Plaintiff Christopher Sadowski over alleged copyright infringement.  Sadowski is a photojournalist from New Jersey, who has been published in numerous popular newspapers and magazines. While he holds the licenses to his photographs, court documents explain that…

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Precision and Clarity in Patent Claims: A Case Study of CAFC’s Ruling on U.S. Patent No. 9,361,658

In a recent CAFC ruling on U.S. Patent No. 9,361,658, owned by Mantissa Corporation, the court addressed the issue of claim definiteness in the context of an infringement dispute with First Financial Corporation and First Financial Bank, N.A. The case focused on interpreting terms like “transaction partner” and “OFF” within…

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Franchise Freeze-Out: Baskin-Robbins vs. Blue Moo

Baskin-Robbins Franchising LLC (“Baskin-Robbins”) v. Blue Moo Ice Cream Inc. (“Blue Moo”) is a breach of contract and trademark infringement suit involving Plaintiff Baskin-Robbins/BR IP Holder, a well-known franchisor in the ice cream industry, and Defendants Blu Moo Ice Cream Inc., and Robert Holocher. According to the complaint, Baskin-Robbins entered…

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USPTO’s Clarification on Human Ingenuity in the Age of Artificial Intelligence

The U.S. Patent and Trademark Office (USPTO) recently provided crucial clarification on the patentability of inventions facilitated by artificial intelligence (AI). The announcement, made on February 12th, has significant implications for intellectual property (IP) law and innovation in the rapidly evolving realm of AI technology. The USPTO’s guidance delineates the…

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