South Bend, Indiana – Patent lawyers for Geocel, LLC of Elkhart, IN, filed a declaratory judgment suit against Chem Link, Inc. of Schoolcraft, MI, requesting that Chem Link’s patent be found to be invalid and not infringed. The patent at issue is Reissue Patent No. RE41,586, titled Pitch Pocket and Sealant, which has been issued by the U.S. Patent Office. The basis for patent invalidity includes alleged violations of the “recapture rule,” which is unique to reissued patents, as well as violations of Sections 102 and 103 of the Patent Act and inequitable conduct.
This case has been assigned to Judge Theresa Springmann in the Northern District of Indiana, and assigned case no.3:10-cv-00474-TLS.
Practice Tip: Patent attorneys often file declaratory judgment suits for their clients as a preemptive effort to secure favorable court jurisdiction when patent owners have alleged infringement.
Complaint – Geocel LLC v. Chem Link by pauloverhauser on Scribd
Further information about this case is as follows:
Filed: November 9, 2010 as 3:2010cv00474 Updated: November 13, 2010 20:09:46
Plaintiff: Geocel LLC
Defendant: Chem Link Inc
Presiding Judge:Theresa L Springmann
Cause Of Action: Patent Infringement
Seventh Circuit > Indiana > Northern District Court
Type:Intellectual Property > Patent