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Indiana Intellectual Property Law News

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Recent Seventh Circuit Opinion Held Trademark Licenses May Not Be Assigned Absent Consent: “Service Agreement” However Was Not Explicitly Trademark Licenses and Therefore Could Be Assigned in Bankruptcy Case

  Chicago, Ill. – The Seventh Circuit Court of Appeals has affirmed the Northern District of Illinois assignment of a “service agreement” in a bankruptcy case, despite a trademark license owner’s claim that the agreement was a trademark sub-license. In 2009, XMH Corp. filed for bankruptcy and requested the bankruptcy…

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Obama Poised to Sign America Invents Act, Patent Reform Bill Now Passed Both House and Senate

  Washington, D.C. – The America Invents Act, also called the Leahy-Smith Patent Reform Act, was passed by the U.S. Senate last week. The bill was sent to President Obama’s desk, ready for his signature before it can become law. The President is expected to sign the bill. President Obama…

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Bear Archery Files Another Patent Infringement Suit Over Bow Site with Fiber Optics – This Time, Against Vital Hunting

  Evansville, IN – Patent lawyers for SOP Services of Las Vegas, Nevada and Bear Archery of Evansville, Indiana filed a patent infringement suit in alleging Vital Hunting Gear, Inc. of Lexington, KY infringed patent no. 7,159,325 and 7,343,686, BOW SIGHT WITH FIBER OPTICS, which has been issued by the…

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Seventh Circuit Rule Change Now Requires All Documents to Be Electronically Filed and Service

  Chicago, Ill. – The Seventh Circuit Court of Appeals has instituted a circuit rule change that now requires all documents to be filed and served electronically. The rule does not apply to unrepresented parties, unless the party is an attorney representing herself. It also allows a party to request…

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Southern District of Indiana Issues Markman Ruling in Cook Inc. v. Endologix Patent Infringement Case Over Aortic Stent

  Indianapolis, IN – The Southern District of Indiana has issued a claim construction order in a patent infringement lawsuit. Cook Incorporated, of Bloomington, Indiana, had filed a patent infringement lawsuit in the Southern District of Indiana against Endologix, Inc., of Irvine, California. The patents at issue are owned by…

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Patent Claims for Catalytic Convertor Manufacturing Method Construed in BASF Corp. v. Aristo, Inc.

  [Disclosure: Overhauser Law Offices, LLC, the publisher of this website, represents a party in this litigation] Chief Judge Philip P. Simon for the Northern District of Indiana has construed the claims of Patent No. 5,866,210, METHOD FOR COATING A SUBSTRATE. The ‘210 patent describes a method of coating substrates…

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GHJ Holdings Sues Indian Industries, Inc. in Texas for False Patent Marking of Dart and Billiard Equipment, Case Transferred to Southern District of Indiana

  Evansville IN – Patent lawyers for GHJ Holdings of Texarkana, Texas filed a patent infringement suit in the Eastern District of Texas alleging Indian Industries, Inc. d/b/a Escalade Sports of Evansville, Indiana falsely marked products with expired and inapplicable patent no. 5,899,824, SNAP-FIT DART AND ADAPTER, 5,498,004, GAME DART, 5,271,625, FLEXIBLE  POINT…

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Northern District of Indiana Grants Partial Summary Judgment for Chem Link Inc. in Patent Infringement Suit Over Pitch Pocket and Sealant

  Fort Wayne, IN – The Northern District of Indiana has granted partial summary judgment in a patent infringement case. Geocel LLC, of Elkhart, Indiana, had filed a patent infringement lawsuit in the Northern District of Indiana seeking a declaratory judgment that patent no. RE 41,586, PITCH POCKET AND SEALANT,…

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Trademark Processing Time At Record Low, According to New USPTO Dashboard

  Washington, D.C. – The United States Patent and Trademark Office has launched a new web tool that shows that trademark application processing times are down to record lows. The average pendency to a first action on a new application is down to 2.7 months, while total pendency — defined…

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Indiana Patent Attorneys Obtain 182 Patents for Indiana Companies in August, 2011

   Indiana patent attorneys obtained issuance of the following 182 patents from the US Patent Office to persons and businesses in Indiana in August, 2011: PAT. NO. TITLE 1 D644,146 Race car  2 8,010,455 Waste processing system and method  3 8,008,487 Substituted thieno[2,3-D]pyrimidines as fungicides  4 8,008,466 Use of untranslated…

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