INSD News

November 12, 2024

Novartis Battles Competitors Over Patent Disputes in Radiopharmaceuticals

Novartis is a Swiss pharmaceutical company known for developing innovative medicines and therapies, particularly in the radiopharmaceutical market. The company is taking steps to strengthen its position by filing lawsuits against competitors over alleged patent violations concerning its top cancer therapies, Pluvicto and Lutathera. These actions began in 2024 and involve Eli Lilly, its subsidiary, Point Biopharma, Lantheus, and Curium Pharma.

In June 2024, Novartis and the Purdue Research Foundation filed a lawsuit in Indiana, claiming that Lilly’s PNT2002 infringes on their U.S. Patent No. 10,624,970. Because PNT2002 describes similar conjugates and methods to treat the same kind of cancer (prostate) that Pluvicto is designed to treat, Novartis alleges direct competition with their product.

Lilly and the other defendants have requested the Court dismiss the lawsuit, arguing it is not in direct competition, as PNT2002 is not yet ready for the market and may not even receive regulatory approval by June 2025.

November 8, 2024

Exposed: Photographer William Miller Files Suit Against Empire News for Unauthorized Use of Powerful Image

By Overhauser Law Offices, LLC

Plaintiff William Miller filed suit against Empire News, LLC (Defendant) for the unauthorized use of a copyrighted photograph depicting migrants being displaced from the Watson Hotel. The lawsuit asserts violations of the Copyright Act (17 U.S.C. §101 et seq.) and the Digital Millennium Copyright Act (17 U.S.C. §1202(b)).

The Plaintiff asserts exclusive rights to the photograph in question, which he reports was first published on January 30, 2023, and later registered by the U.S. Copyright Office on April 1, 2023. Miller claims that the Defendant displayed this image on its website on January 30, 2023, without the proper permission or licensing, thereby violating copyright law.

Empire, LLC, is alleged to have profited from the unauthorized display, thus undermining the Plaintiff’s market for the photograph. The Plaintiff claims that the Defendant failed to implement adequate policies to verify copyright ownership, which indicates negligence in ensuring compliance with copyright law.

September 13, 2024

Walking the Legal Line: Hot Girl Walk vs. Hot Walk Indy in Trademark Dispute

By Overhauser Law Offices, LLC

Mia Lind, the plaintiff and creator of the Delaware brand “Hot Girl Walk,” filed a lawsuit against Casey Springer, accusing Springer of infringing on her trademark with a local version of the concept called “Hot Girl Walk Indianapolis.” Lind’s “Hot Girl Walk,” which originated during the pandemic, is a women’s-only mental health walk that has been trademarked and commercialized through merchandise and sponsorships.

Inspired by Lind, Springer launched a similar initiative in Indianapolis. Initially called “Hot Girl Walk Indy,” it was later rebranded as “Hot Walk Indy.” Lind’s lawsuit alleges trademark infringement, business disparagement, and defamation.

Springer contended that her initiative was distinct and non-commercial, designed as a free community event. She argued that Lind’s trademark protects specific brand elements but does not cover the broader concept of a group walk.

August 30, 2024

Courtroom Close Call: Knauf and Johns Manville Settle Patent Dispute Days Before Trial

By Overhauser Law Offices, LLC

An Indiana federal judge has dismissed a patent infringement lawsuit between Knauf Insulation Inc. and Johns Manville Corp. just days before trial. Chief U.S. District Judge Tanya Walton Pratt chose not to overturn previous rulings on claim construction, stating it would be against public interest and waste substantial efforts already put into the case.

On August 16, the two companies jointly requested dismissal of the 2015 lawsuit, which alleged that Johns Manville’s EasyFit and Flex-Glass insulation products infringed on seven Knauf patents. Although the case is dismissed, the court’s earlier rulings, including invalidation of six patents, remain in effect.

Judge Pratt argued that vacating prior rulings would not benefit the public and could encourage prolonged litigation. She cited the U.S. Supreme Court’s decision in U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership as precedent against overturning rulings after settlement.

August 23, 2024

Parisian Photography Sues Angi for Alleged Instagram Copyright Breach

By Overhauser Law Offices, LLC

Paris-based photographer Julien Pepy has filed a lawsuit against Angie’s List, Inc., also known as Angi, for alleged copyright infringement. The case, filed in the Southern District of Indiana, highlights the growing concerns around digital content use and copyright protections.

Julien Pepy, a professional photographer renowned for his distinctive images, claims that Angi, a major digital marketing company operating under the Instagram handle “@angi,” used his copyrighted photographs without permission. According to the complaint, Pepy’s works were displayed on Angi’s Instagram account in August 2023 without any authorization.

Pepy’s lawsuit alleges that Angi displayed three of his photographs—showcasing various angles and details of bathroom vanities—on its account. The complaint emphasizes that these images were not only displayed but were also distributed commercially, contradicting copyright laws that protect creators’ rights.

August 9, 2024

Fighting for the Max: Nutramax Battles Alleged Trademark Violations

By Overhauser Law Offices, LLC

Lancaster, South Carolina – Nutramax Laboratories, Inc. and Nutramax Laboratories Veterinary Sciences, Inc. (collectively known as “Nutramax”) have filed suit against Indiana company, Abumayyaleh Bros, LLC. The Plaintiffs allege multiple intellectual property violations including trademark infringement, unfair competition, and tortious interference with contractual relationships.

According to the complaint, Nutramax contends that Abumayyaleh Bros, LLC is reselling Nutramax products, specifically their Proviable®-DC Digestive Health Supplement Capsules, on Amazon without authorization. The Plaintiffs are concerned that the products bear Nutramax’s well-known trademarks, such as PROVIABLE and NUTRAMAX LABORATORIES, but do not adhere to the stringent storage, distribution, and customer support standards set by Nutramax for its authorized resellers.

Nutramax asserts that the defendants’ unauthorized use of their trademarks constitutes a trademark infringement violation of Section 32(1) of the Lanham Act (15 U.S.C. § 1114(1)). By selling products under the Nutramax Marks without authorization, the Plaintiffs claim the defendants are causing consumer confusion regarding the source and authenticity of the products.

June 21, 2024

Cancer Treatment Controversy: Eli Lilly and POINT Biopharma Sued by Purdue for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Eli Lilly and Co., together with POINT Biopharma, are facing a lawsuit accusing them of willful infringement of a cancer treatment patent held by the Purdue Research Foundation. The lawsuit, filed in the U.S. District Court for the Southern District of Indiana, alleges that the defendants have infringed on patents related to radiotherapeutic drugs for prostate cancer, particularly focusing on POINT’s drug PNT2002.

The Purdue Research Foundation, along with co-plaintiffs Endocyte Inc. and Novartis Pharmaceuticals Corp., claims that POINT’s PNT2002 infringes on U.S. Patent 10,624,970, which covers treatments targeting the prostate-specific membrane antigen (PSMA). The plaintiffs assert that POINT’s actions have caused substantial damage and are seeking injunctive relief and monetary damages.

Lilly’s spokesperson stated that the lawsuit lacks merit and expressed confidence in defending against the claims. The case, assigned to District Judge Richard Young and Magistrate Judge Tim A. Baker, is documented under Case No. 1:24-cv-01011.

June 7, 2024

Snapshot Showdown: Photographer’s Copyright Battle with Indiana Corporation, My Sauna World LLC

By Overhauser Law Offices, LLC

Prince William County, Viriginia – Plaintiff Morgan Howarth has filed suit against Fishers, Indiana Defendant, My Sauna World LLC. Morgan Howarth, a professional photographer, accuses Sauna World LLC of infringement under the Copyright Act, 17 U.S.C. §101 et seq. for allegedly using his copyrighted photographs without permission or authorization.

The photograph in question is a master bathroom image that Howarth claims he created and registered with the United States Copyright Office in 2011. Despite his purported ownership and licensing rights, Howarth argues that My Sauna World LLC prominently featured the photograph on its own website as part of an online product listing, thereby infringing on Howarth’s copyright.

Central to the case is the question of whether My Sauna World LLC’s actions constitute willful copyright infringement. Howarth argues that the defendant knowingly and intentionally violated his copyright by continuing to reproduce and display the photograph even after they were notified of the alleged infringement.

May 3, 2024

Legal Jab: Lawsuit Over Alleged Boxing Broadcast Interception Packs a Punch

By Overhauser Law Offices, LLC

Plaintiff, G & G Closed Circuit Events, LLC, a California-based company, has filed a lawsuit against Defendant, Pilot Pursuit LLP, along with Lynn A. Pittman, identified as its General Partner, operating the Recovery Room Lounge in Indianapolis, Indiana. The lawsuit centers on allegations of unauthorized interception, receipt, and broadcast of a televised sporting event known as the Gervonta Davis v. Ryan Garcia Championship Fight Program, which G & G Closed Circuit events, LLC holds exclusive nationwide commercial distribution rights to.

The suit alleges that Lynn A. Pittman, with her roles within Pilot Pursuit LLP and Recovery Room Lounge, had the authority and responsibility to supervise the establishment’s activities, including ensuring lawful operations. Despite this, the Plaintiff claims that Pittman either directed or permitted the interception and broadcast of the Program, leading to increased profits for the Lounge.

The defendants are accused of violating both Title 47 U.S.C. Section 605 and Title 47 U.S.C. Section 553, which prohibit the unauthorized interception, receipt, and publication of communications, including television broadcasts. These statutes aim to protect the exclusive rights of content distributors and prevent unauthorized commercial use.

April 29, 2024

Crosshairs on Copyright: Powderkeg Allegedly Targets August Image’s Intellectual Property

By Overhauser Law Offices, LLC

A legal dispute has arisen between Plaintiff August Image, LLC, a New York-based company representing over 100 contemporary photographers globally, and Indy Founders LLC, operating as Powderkeg, an Indiana-based digital community serving startups and professionals. The lawsuit alleges copyright infringement regarding a professional photograph taken by renowned photographer Peter Yang.

August Image, LLC, headquartered in New York City, specializes in representing creative photographers worldwide. Its collection encompasses various genres which are available for licensing, and the company is known for its commitment to customer satisfaction and meticulous acquisition of image rights.

Powderkeg, based in Indianapolis, Indiana, supports startups and professionals across the United States through its digital community. It provides resources and networking opportunities for over 10,000 active members nationwide.