Miami, Florida – The Third District Court of Appeal for the State of Florida heard the appeal of Gulliver Schools, Inc. (“Gulliver”) and School Management Systems, Inc. in the age-discrimination and retaliation lawsuit of Patrick Snay. Appellants prevailed on their claim that Mr. Snay had breached the confidentiality clause of…
Indiana Intellectual Property Law News
Indiana Patent Litigation: Headsight Sues John Deere for Patent Infringement
Fort Wayne, Indiana – Patent lawyers for Richard Gramm and Headsight, Inc., both of Indiana, sued in the Northern District of Indiana alleging that Deere and Company of Moline, Illinois (also known as “John Deere”) infringed the patented “Combine Header Height Control“, Patent No. 6,202,395, which has been issued by…
USPTO to Host Additive Manufacturing Partnership Meeting
Washington, D.C. – The U.S. Department of Commerce’s United States Patent and Trademark Office (“USPTO”) will host a meeting to serve as a forum for sharing ideas and insights between stakeholders and the USPTO. The Additive Manufacturing Partnership Meeting will take place on Wednesday, April 9, 2014 at the USPTO…
Dyer’s General Store May Not Proceed Pro Se, Ordered to Retain Counsel
Terre Haute, Indiana – Indiana trademark litigation against a corporate entity requires the participation of an attorney for the defense to avoid default. In 2013, a trademark lawyer for Coach, Inc. of New York, New York and Coach Services, Inc. of Jacksonville, Florida (collectively “Coach”) sued for trademark infringement in…
Divided Federal Circuit Rules En Banc to Retain Cybor Rule of De Novo Review for Claim Construction
Washington, D.C. – The United States Court of Appeals for the Federal Circuit concluded in a six-to-four decision that the rule in Cybor – that claim construction is an issue of law subject to de novo review on appeal – will be retained under the principles of stare decisis. In…
Indiana Patent Infringement Litigation: Eli Lilly Sues Numerous Defendants
Indianapolis, Indiana – An Indiana patent attorney for Eli Lilly and Company of Indianapolis, Indiana (“Lilly”) filed a lawsuit in the Southern District of Indiana against multiple defendants asserting infringement of Patent Nos. 5,288,726, “Tetrahydrothienopyridine Derivatives, Furo and Pyrrolo Analogs Thereof and Their Preparation and Uses for Inhibiting Blood Platelet…
Meeting on Notice and Takedown System to be Held
Washington, D.C. – A public meeting to focus on improving the operation of the notice and takedown system under the DMCA will be held on March 20, 2014. The U.S. Department of Commerce’s Internet Policy Task Force (“IPTF”) will hold the first meeting of the public multistakeholder forum on improving…
Indiana Court of Appeals Finds Noncompetition Agreement Overly Broad and Unenforceable
Indianapolis, Indiana – The Court of Appeals of Indiana has affirmed the decision of the Marion Superior Court to deny injunctive relief to Clark’s Sales & Service, Inc. (“Clark’s”) of Indianapolis, Indiana in its suit against John D. Smith (“Smith”) of Indiana and Ferguson Enterprises, Inc. (“Ferguson”) of Newport News,…
Supreme Court Reverses Federal Circuit on Burden of Proof in Patent Infringement Litigation Brought Under the Declaratory Judgment Act
Washington, D.C. – An issue in the patent infringement dispute between medical-device giant Medtronic, Inc. and Mirowski Family Ventures, LLC (“Mirowski”) was heard by the United States Supreme Court. In question was the placement of the burden of proof in patent infringement litigation that seeks a declaratory judgment. The Supreme…
Southern District of Indiana to Begin Pilot Program
Indianapolis, Indiana – The Southern District of Indiana is beginning a pilot program that will allow active hyperlinks to be included within e-filed and court-issued documents. Hyperlinks will allow immediate access by the reader to the referenced materials, i.e., case management and electronic court filing system (“CM/ECF”) filings, case and…