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Federal Circuit Patent Law: Quality Control Testing Is Not Patent Infringement; Does Not “Make” a Product as Contemplated Under § 271(g)

Washington, D.C. – The United States Court of Appeals for the Federal Circuit heard a patent infringement lawsuit styled Momenta Pharms., Inc. v. Teva Pharms. USA Inc. on the issue of whether Defendants’ quality control procedures infringed the patent-in-suit. This appeal included a companion case, Momenta Pharms., Inc. v. Amphastar…

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Indiana Patent Law: Request to Limit Discovery Denied but Judge Orders Reimbursement if Certain Discovered Evidence is Largely Duplicative

Indianapolis, Indiana – Magistrate Judge Mark Dinsmore of the Southern District of Indiana denied Defendants’ motion to limit discovery in the patent infringement litigation between Knauf Insulation, LLC et al. and Johns Manville Corp. et al. Judge Dinsmore also recently denied Defendants’ motion to bifurcate the trial. This federal litigation…

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Indiana Patent Law: Bifurcation of Patent Infringement Trial Held to be Unwarranted

Indianapolis, Indiana – Magistrate Judge Mark Dinsmore of the Southern District of Indiana denied a motion to bifurcate the patent infringement trial in ongoing litigation styled Knauf Insulation, LLC et al. v. Johns Manville Corp. et al. This Indiana patent litigation began in January 2015 when Knauf Insulation, LLC, Knauf…

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Indiana Copyright Law: Court Restricts Discovery in Copyright Infringement Litigation to Facts Regarding Jurisdiction

Indianapolis, Indiana – In the matter of Bell v. Find Tickets, LLC, the Southern District of Indiana quashed overbroad discovery requests and limited inquiries to those pertaining to the matter of personal jurisdiction. Plaintiff Richard Bell of McCordsville, Indiana photographed the Indianapolis skyline in 2000 and copyrighted the work. In…

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Northern District Transfers Copyright Infringement Litigation for Lack of Venue

Fort Wayne, Indiana – District Judge Jon E. DeGuilio of the United States District Court for the Northern District of Indiana transferred a lawsuit alleging copyright to the Southern District of Indiana, citing a lack of venue in the Northern District. In this litigation, Angela E. Brooks-Nwenga, acting pro se,…

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Indiana Trademark Law: Trademark Plaintiff Abused Legal Process; Trademark Defendant Awarded an Additional $175,000 in Attorneys’ Fees

Indianapolis, Indiana – In the trademark lawsuit between of Plaintiff Wine & Canvas Development, LLC (“WNC”) and Defendants Christopher Muylle, Theodore Weisser, YN Canvas CA, LLC and Weisser Management Group, LLC, the Southern District of Indiana found that Plaintiffs had engaged in abuse of process and awarded an additional $175,882.68…

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Federal Circuit Law: Laches Preserved as a Defense to Patent Infringement

Washington, D.C. – The Court of Appeals for the Federal Circuit decided the matter of SCA Hygiene v. First Quality Baby Products, a case about adult incontinence products. At issue in the case was the legal doctrine of “laches.” The laches doctrine penalizes a plaintiff who “sleeps on” his or…

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Copyright Law: Important Win for Fair Use in ‘Dancing Baby’ Lawsuit

San Francisco, California – Federal court of appeals affirms that copyright owners must consider fair use in online copyright takedowns. The United States Court of Appeals for the Ninth Circuit recently affirmed that copyright holders must consider whether a use of material is fair before sending a takedown notice. The…

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Indiana Copyright Law: Court Will Not Reconsider Dismissal of Pro Se Litigant’s Lawsuit

Indianapolis, Indiana – The Southern District of Indiana denied Plaintiff Larry Philpot’s motion to reconsider the dismissal of his 2014 lawsuit alleging copyright infringement. Acting as his own copyright lawyer, Philpot, a professional photographer of Indianapolis, Indiana filed a copyright infringement lawsuit against Music Times, LLC of New York, New…

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Indiana Copyright Litigation: CelebrityCafé.com Dismissed from Copyright Lawsuit; Court Allows New Defendants to be Added

Indianapolis, Indiana – The Southern District of Indiana has granted a motion by Defendant The Celebrity Café.com, Inc. (“Celebrity”) to dismiss the copyright infringement complaint filed by Larry G. Philpot of Indianapolis, Indiana. The court also granted Philpot’s motion to amend his complaint. Plaintiff Philpot is a professional photographer who…

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