Intellectual Property Law

October 30, 2017

Indiana Patent Litigation: Carmel Tech Company Binatone USA Sued Over Allegedly Infringing Baby Monitors

Indianapolis, Indiana – Uniloc, has targeted Binatone of Carmel, Indiana in its latest patent infringement suit.

Uniloc has been called a “Patent Troll in Chief” by engadget.com, and justia.com reports that it is a party to at least 343 patent cases. In just October of 2017, Uniloc has filed 17 patent infringement lawsuits. While most of Uniloc’s lawsuits have been filed in the patent-infringement-plaintiff-friendly State of Texas, the US Supreme Court’s recent decision in the TC Heartland case limits the venues for patent infringement cases. This likely forced Uniloc to file this suit in Indiana where Binatone is located.

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Uniloc USA, Inc. of Plano Texas, and Uniloc Luxembourg S.A filed their suit in the Southern District of Indiana alleging that Defendant, Exclusive Group LLC d/b/a/ Binatone North America, of Carmel, Indiana infringed on the U.S. Patent No. 6,216,158, System and Method Using a Palm Sized Computer to Control Network Devices (the ‘158 patent). Plaintiff is seeking declaratory judgment of infringement, damages suffered as a result of the infringement, and attorneys’ fees.

Plaintiffs Uniloc USA, as exclusive licensee of the ‘158 patent, and Uniloc Luxembourg, as owner and assignee of the ‘158 patent, filed suit alleging that a wide range of Binatone’s wireless products, such as wireless baby monitors, infringe the patent. Specifically, plaintiffs allege that Motorola’s products infringe the patent by performing the same functions that are covered under the patent; specifically, remotely controlling a wireless device over a wireless connection, using wireless commands to control the other device, and wireless control of the second device by the first device.

Plaintiffs also allege in their complaint that the Defendant indirectly infringes the patent by providing instructional videos, brochures, etc. for each product, explaining to customers how to operate the products.

October 27, 2017

Indiana Patent Litigation: Federal Circuit reverses District Court’s dismissal of Lifetime Industries’ Patent Infringement Suit

By Overhauser Law Offices, LLC

The Plaintiff, Lifetime Industries, Inc. (doing business as Boyd Corp.) had filed a patent infringement lawsuit in the Northern District of Indiana alleging that Defendant, Trim-Lok, Inc infringed patent no. 6,966,590, Two-Part Seal For A Slide-Out Room, which has been issued by the US Patent Office. The Court of Appeals for the Federal Circuit reversed the District Court’s dismissal and remanded back to the district for further proceedings.

Plaintiff owns the patent to a two-part seal for slide-out rooms in RVs. The seal prevents moisture, debris, and air drafts from entering the vehicle. Soon after two employees left Lifetime to work at Trim-Lok, a representative of Lifetime found an allegedly infringing Trim-Lok seal installed on a third party RV. Plaintiff alleged direct, indirect, and contributory infringement on the part of Trim-Lok, based on claims that Trim-Lok directly installed the seal, or supervised installation of the seal, or influenced the RV company to install the seal on their vehicles. The district court dismissed each claim, stating that Lifetime had not adequately argued the allegations.

October 26, 2017

Indiana Man Arrested for “Offense Against Intellectual Property” of Call of Duty Games

By Overhauser Law Offices, LLC

Terre Haute, Indiana – Dshay Towles was charged with theft and “offense against intellectual property” for selling on eBay stolen copies of Call of Duty: WWII, which is scheduled to be released on November 3, 2017.

According to FOX59, the games were stolen from the Sony DADC facility in Terre Haute, where the company manufactures and distributes Blu-Rays, CDs, and DVDs. The games were later found on eBay, having been posted by Towles for roughly $45 per copy.

October 25, 2017

The USPTO Denies Petition filed by Neptune Generics, LLC in Challenge to Indiana-based Eli Lilly’s Patent

By Overhauser Law Offices, LLC

Petitioner, Neptune Generics, LLC had filed a petition with the United States Patent and Trademark Offices against Eli Lilly & Company of Indianapolis, Indiana, challenging the validity of patent no. 7,772,209, Antifolate combination therapies, which has been issued by the USPTO. This patent covers intellectual property embodied in Alimta®, a drug therapy used for the treatment of various types of cancer.

Lead Petitioner Neptune Generics, LLC is a Chicago, Illinois-based pharmaceutical company that focuses on increasing access to affordable medications. Defendant Eli Lilly is a multinational pharmaceutical company based in Indianapolis. Other petitioners joined in the case are Apotex, Inc, Teva Pharmaceuticals USA, Fresenius Kabi USA, and Wockhardt Bio AG.

October 23, 2017

Indiana Patent Litigation: Infringement of Patent for Furnace Cooling Pipes Alleged Against Foreign Defendants

By Overhauser Law Offices, LLC

Indiana Patent Litigation: Infringement of Patent for Furnace Cooling Pipes Alleged Against Foreign Defendants

Indianapolis, Indiana – Attorneys for Plaintiff, Amerifab, Inc. of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendants, MELTER, S.A. a Mexican corporation; DE C.V., GERDAU AMERISTEEL CORPORATION, a Florida corporation; GERDAU S.A., a Brazilian corporation; and RAVAGNAN S.P.A., an Italian corporation infringed its rights in United States Patent No. 6,330,269 (“the ‘269 Registration”) for “Heat Exchange Pipe with Extruded Fins”. Plaintiff is seeking injunctive relief, judgment including statutory damages and attorneys’ fees.

According to the complaint, Plaintiff Amerifab, Inc. manufactures equipment to be used in a variety of industrial machinery, including heat transfer equipment. Defendant Melter manufactures heat transfer equipment, pressure vessels, and markets in North America. Defendant Gerdau Ameristeel recycles scrap steel into products for the construction, industrial, agricultural, and automotive industries in North America. Gerdau Ameristeel is a wholly owned subsidiary of Defendant Gerdau, which operates subsidiaries primarily throughout South America. Defendant Ravagnan allegedly operates primarily out of Italy and South America, and specializes in design and construction of industrial plant and pressure vessels. Defendant Ravagnan is alleged the majority shareholder of Defendant Melter, and the two companies share facilities and employees.

January 20, 2017

Indiana Court of Appeals Rules on Irreparable Harm in Breach of Non-Compete/Non-Solicitation Agreements

By Overhauser Law Offices, LLC

Indianapolis, Indiana – The Indiana Court of Appeals affirmed the judgment of the Marion Superior Court in litigation between two civil engineering firms, Plaintiff American Structurepoint Inc. and Defendant HWC Engineering Inc. Three former employees of ASI, also listed as Defendants in the trial court, were listed in this appeal.

This dispute arose in 2014 when ASI employee Martin Knowles left ASI to join HWC as its vice president of operations. Jonathan Day and David Lancet also left ASI to begin employment at HWC.

These former ASI employees had entered into noncompetition and non-solicitation agreements with ASI. Despite these agreements, ASI contended in a lawsuit filed in Indiana state court that its former employees engaged in various acts prohibited by the agreements. ASI claimed that Day had created a list of ASI employees whom he believed might be interested in leaving to join HWC. ASI also asserted that Day subsequently shared that list with Knowles and called various ASI employees regarding employment with HWC. ASI alleged that a total of six job offers were made by HWC to ASI employees. ASI further introduced evidence that Knowles engaged in prohibited business-development activities with ASI clients to ASI’s detriment.

July 21, 2016

Copyright Office Tribunal Proposed as Alternative for Small Copyright Claims

By Overhauser Law Offices, LLC

Washington, D.C. – Reps. Hakeem Jeffries (D-NY), a member of the House Judiciary Committee, and Tom Marino (R-Pa) proposed legislation to create an alternative forum to facilitate the adjudication of “small” copyright claims.

H.R. 5757, titled the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2016, would establish a Copyright Claims Board (“CCB”) within the U.S. Copyright Office. Adjudication with the CCB is intended to be simpler and less expensive than proceeding in federal court. These cases would be heard by a CCB panel of three Copyright Claims Officers. Adjudicating in the CCB forum would be voluntary and respondents could opt out.

The jurisdiction under CASE would be limited to civil claims of copyright infringement of $30,000 or less in damages. The CCB would also be authorized to hear claims of abusive takedown notifications under the Digital Millennium Copyright Act.

May 26, 2016

Trade Secret Law: Defend Trade Secrets Act Creates Federal Right of Action for Trade Secret Misappropriation.

By Overhauser Law Offices, LLC

Earlier this month, the Defend Trade Secrets Act (“DTSA”) became federal law. The DTSA grants the owners of trade secrets the right to sue in federal court for misappropriation of a trade secret that is “related to a product or service used in, or intended for use in, interstate or foreign commerce.” Previously, protection of trade secrets was offered only under state law, with most states having adopted a version of the Uniform Trade Secrets Act (“UTSA”). The new federal law will supplement, not replace, those state laws.

The DTSA, while it mirrors the UTSA in many respects, adds several notable elements. In addition to creating original jurisdiction in federal district court over civil actions brought under the law, the DTSA also provides for the ex parte seizure of property where necessary to prevent the disclosure of the trade secret at issue in the lawsuit. This seizure is permitted only in “extraordinary circumstances,” including those situations where immediate and irreparable injury to the plaintiff will result if the seizure is not ordered. The party requesting an ex parte seizure must post security and, in cases where such a seizure is obtained wrongfully, the DTSA makes damages available to the defendant. Moreover, the Act recognizes the problem of international trade secret theft. The provision allowing for ex parte seizure of property is “expected to be used in instances in which a defendant is seeking to flee the country.”

The DTSA also includes a provision permitting the entry of an injunction prohibiting a person from accepting employment if there is a sufficient threat of misappropriation of a trade secret. In lesser cases, the individual may begin employment but will be subject to conditions enunciated by the court.

May 19, 2016

Trade Secret Law: DTSA Now Provides More Protection for Whistleblowers

By Overhauser Law Offices, LLC

Washington, D.C. – The Defend Trade Secrets Act (“DTSA”) recently became federal law. This statute creates a federal right of action for misappropriation of trade secrets.

Among the provisions of the DTSA are new protections for whistleblowers. Under the DTSA, immunity is granted to persons who disclose a trade secret to a government official or attorney for the sole purpose of reporting or investigating a suspected violation of law. This immunity covers both civil and criminal liability under either federal or state trade secret law.

The DTSA also provides that trade secret information may be used in litigation by an employee who sues an employer alleging retaliation for having reported a suspected violation of law. The law requires that certain steps be taken during litigation to prevent disclosure of the trade secret.

March 25, 2016

Fox News Asserts Broadcast TV Database Infringes Copyright; EFF and Others Claim Fair Use

By Overhauser Law Offices, LLC

San Francisco, California – A media monitoring service that creates a text-searchable database of television and radio content is defending its fair use rights before a federal appeals court. The Electronic Frontier Foundation (“EFF”), New York University’s Technology Law and Policy Clinic, and Public Knowledge urged the court Wednesday to protect this innovative technology–and others that have yet to be developed–from being shut down by copyright infringement claims.

“Search engines and book digitization have proven the enormous social benefits of indexing and archiving the media,” said EFF Staff Attorney Kit Walsh. “This case is the latest in a long line of copyright-based challenges to these important tools, and it should fail just as the others have.”

In this case, Fox News sued a company called TVEyes, claiming the company’s broadcast content database–used by journalists, scholars, and political campaigns to study and monitor the national media–infringed its copyright in its programming. The district court acknowledged that the service is generally a fair use of copyrighted material, but then, in a second ruling, held that some of the features of the TVEyes database could facilitate infringement, including the ability to share links or search by date and time. In a departure from established legal precedent, the court ruled that this was enough to defeat TVEyes’ fair use defense.