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Indiana Court of Appeals Rules on Irreparable Harm in Breach of Non-Compete/Non-Solicitation Agreements

Indianapolis, Indiana – The Indiana Court of Appeals affirmed the judgment of the Marion Superior Court in litigation between two civil engineering firms, Plaintiff American Structurepoint Inc. and Defendant HWC Engineering Inc.  Three former employees of ASI, also listed as Defendants in the trial court, were listed in this appeal.…

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Seventh Circuit Copyright Law: Pro Se Plaintiff Loses Counterfeiting Claim Against Amazon

Chicago, Illinois – The Seventh Circuit Court of Appeals has ruled against Plaintiff Reginald Hart in an intellectual property lawsuit filed against Amazon.com. Plaintiff Hart, filing pro se, sued Amazon.com, Inc. alleging various state and federal claims, including copyright infringement, aiding and abetting counterfeiting, and intentional infliction of emotional distress. …

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Indiana Patent Litigation: Alcon Alleges Infringement of Eye Drug by Generic Drugmaker

Indianapolis, Indiana – Alcon Research, Ltd. of Fort Worth, Texas and Alcon Pharmaceuticals Ltd. of Fribourg, Switzerland filed an intellectual property lawsuit in the Southern District of Indiana.  They assert infringement of two patents covering Pataday®, an ophthalmic pharmaceutical.  Pataday is covered by U.S. Patent Nos. 6,995,186 (the “‘186 patent”)…

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Indiana Trademark Litigation: Venue in Northern District Not Improper Under “Substantial Part of the Events” Test

Fort Wayne, Indiana – The Northern District of Indiana has denied Defendant’s motion to dismiss for improper venue, citing the connection of the Northern District to the events underlying the litigation. This Indiana trademark litigation, Family Express Corp. v. Square Donuts, Inc., was filed to resolve a dispute over the…

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Seventh Circuit – Trademark Law: Unauthorized Copying of Karaoke Tracks May be Piracy, but Not Trademark Infringement

Chicago, Illinois – The Seventh Circuit Court of Appeals ruled against Plaintiffs Slep-Tone Entertainment Corp. and its successor in interest Phoenix Entertainment Partners LLC (collectively, “Slep-Tone”) in a Lanham Act lawsuit asserting trademark infringement and trade dress infringement. Trademark attorneys for serial litigant Slep-Tone have filed more than 150 lawsuits…

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Seventh Circuit Rules on Sanctions for Vexatious and Obstructive Conduct by Attorneys for Porno-Trolling Collective

Chicago, Illinois – The Seventh Circuit ruled in the ongoing intellectual property litigation between Plaintiff Lightspeed Media Corp. and Defendants Anthony Smith et al. Attorneys for Lightspeed Media Corp. have filed numerous lawsuits nationwide in an apparent attempt to extract quick settlements from individual users who would rather avoid litigating…

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Copyright Law: Awarding Attorney Fees in Copyright Lawsuits May Turn on ‘Objective Reasonableness’

Washington, D.C. – In the matter of Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court unanimously held that, among the factors considered in awarding attorneys’ fees under the Copyright Act, courts must give substantial weight to the objective reasonableness of the losing party’s position. The Court was…

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Indiana Patent Law: Court Rules on Invalidity of Patent for Obviousness

Evansville, Indiana – In the matter of Berry Plastics Corporation v. Intertape Polymer Corporation, Judge Richard L. Young of the Southern District of Indiana ruled on Defendant Intertape’s motion to reconsider the court’s conclusion of patent invalidity on the grounds of obviousness. This Indiana patent litigation, filed in January 2010,…

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Indiana Patent Litigation: Ligchine Asks Federal Court to Declare That It Has Not Infringed

New Albany, Indiana – Patent attorneys for Ligchine International Corporation of Floyds Knob, Indiana initiated a patent lawsuit in the Southern District of Indiana seeking declaratory judgment of non-infringement. Defendant is Somero Enterprises, Inc. of Houghton, Michigan. This federal lawsuit is in response to a June 2016 letter sent to…

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Patent Law: Supreme Court Discards Rigid Test for Awarding Enhanced Damages for Patent Infringement

Washington, D.C. – A unanimous decision by the U.S. Supreme Court this week gave district courts more flexibility to award enhanced damage in cases of willful patent infringement. This decision consolidated two patent infringement lawsuits, Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker Corp. et al. v.…

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