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Supreme Court’s Holding in Gunn Requires Remand of Suit Alleging Malpractice in Patent Law

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…

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Court Strikes Four Affirmative Defenses of BitTorrent Defendant

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…

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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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Patrick Collins Twice Requests to Dismiss Lund; Lund Dismissed; Court Denies Patrick Collins’ Request to Reinstate

Indianapolis, Indiana – Magistrate Judge Mark J. Dinsmore of the Southern District of Indiana has recommended that Plaintiff Patrick Collins, Inc.’s request to void the judgment entered as a result of Plaintiff’s two earlier requests for voluntary dismissal of Defendant Derrick Lund be denied. [Full Disclosure – Overhauser Law Offices,…

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Dissimilarity Between Trademarked Goods and Allegedly Infringing Goods is Not Dispositive

Indianapolis, Indiana — In June 2013, Australian Gold, LLC of Indianapolis, Indiana sued Devoted Creations, LLC of Oldsmar, Florida in the Southern District of Indiana alleging trademark infringement of the mark LIVE LAUGH TAN, Trademark Registration No. 4,154,194, which has been registered with the U.S. Trademark Office. Devoted Creations moved…

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Copyright Infringement Using BitTorrent Asserted, Judgment of $38,645 Granted Against Defendant Who Failed to Appear

Indianapolis, Indiana — Judge Sarah Evans Barker of the Southern District of Indiana has entered a default judgment for copyright infringement in favor of Malibu Media, LLC of Los Angeles, California.  The copyrighted works at issue had been registered by the U.S. Copyright Office. In June 2012, copyright attorney Paul…

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Common Themes Between Elton John’s “Nikita” and Hobbs’ “Natasha” Insufficient to Support Claim of Copyright Infringement

Chicago, Illinois – The United States Court of Appeals for the Seventh Circuit has affirmed the judgment of the Northern District of Illinois, Eastern Division.   Copyright lawyers for Guy Hobbs of the United Kingdom had sued alleging copyright infringement by Elton John and Bernie Taupin of the United Kingdom of…

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