The second element of a criminal prosecution for copyright infringement requires that the government prove that the defendant infringed upon the holder’s rights in its copyrighted intellectual property. Although the term “infringement” itself is not specifically defined in the copyright statute, 17 U.S.C. § 501(a) provides that: “[a]nyone who violates any of…
Indiana Intellectual Property Law News
Indiana Copyright Litigation: Sovereign Immunity May Take a Toll on Bell’s Latest Copyright Lawsuit
Indianapolis, Indiana – Richard N. Bell of McCordsville, Indiana, who is both an Indiana copyright attorney and a professional photographer, filed a lawsuit alleging copyright infringement in the Southern District of Indiana. Bell claims that Indiana Procurement Technical Assistance Center of Indianapolis, Indiana infringed his copyrighted “Indianapolis Skyline” photo, U.S.…
Indiana Patent Litigation: Lilly Files New Lawsuit Alleging Patent Infringement of Alimta
Indianapolis, Indiana – An Indiana patent attorney for Eli Lilly and Company of Indianapolis, Indiana, in conjunction with Washington, D.C. co-counsel, sued for patent infringement in the Southern District of Indiana. Lilly claims that Emcure Pharmaceuticals Ltd. of Pune, India; Heritage Pharma Labs, Inc. of East Brunswick, New Jersey; and…
Introduction to Criminal Copyright Infringement – First Element: Existence of a Valid Copyright
The first element of a criminal prosecution for copyright infringement under 17 U.S.C. § 506(a) requires proof that the copyright at issue is a valid copyright. This may be established by demonstrating that the formal requirements of copyright registration have been satisfied. Although registration of a copyrighted work is not…
Indiana Patent Litigation: Lilly Asks Indiana Court to Rule That It Has Not Infringed Patent
Indianapolis, Indiana – An Indiana patent attorney for Eli Lilly and Company of Indianapolis, Indiana filed a patent-related lawsuit against Uropep Biotech GbR of Garbsen, Germany in the Southern District of Indiana. Plaintiff Lilly is in the business of, among other things, the manufacture and sale of various pharmaceuticals including…
167 Trademark Registrations Issued to Indiana Companies in July 2015
The U.S. Trademark Office issued the following 167 trademark registrations to persons and businesses in Indiana in July 2015 based on applications filed by Indiana trademark attorneys: Registration No. Word Mark Click To View 4773612 LIFESTYLE INNOVATIONS VIEW 4783708 PREMIUM PLANES VIEW 4781983 LIFELINE DATA CENTERS VIEW 4781870 TELESCOOP VIEW…
Patent Office Issues 143 Patents To Indiana Citizens in July 2015
The U.S. Patent Office issued the following 143 patent registrations to persons and businesses in Indiana in July 2015, based on applications filed by Indiana patent attorneys: PATENT NO. TITLE D735,327 Transitional handle D735,298 Faucet D735,293 Filter element D735,287 Golf green divot repair tool D735,055 Multi-pocket hotdog package D735,049 Container…
Criminal Copyright Infringement – 17 U.S.C. § 506(a) and 18 U.S.C. § 2319
The principal criminal statute protecting copyrighted works is 17 U.S.C. § 506(a), which provides that “[a]ny person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain” shall be punished as provided in 18 U.S.C. § 2319. Section 2319 provides, in pertinent part, that a 5-year…
Copyright Law Introduction – Federal Law Preempts State Law
Historically, copyright protection had been provided through a dual system under which the federal government, by statute, provided limited monopolies for intellectual property concurrently with state statutory and common laws that established roughly equivalent protections. In 1976, Congress fundamentally changed this system by introducing a single, preemptive federal statutory scheme.…
Criminal Copyright Law: An Introduction
The law of copyright is codified at Title 17 of the United States Code. The principal prohibitions relating to criminal copyright infringement are set forth at 17 U.S.C. § 506(a) and 18 U.S.C. § 2319. Titles 17 and 18 also contain a number of other provisions that make illegal certain…