Articles Posted in New Litigation

By

 

South Bend, Indiana – Patent lawyers for MedIdea, LLC of Longview, TX, filed a patent infringement suit alleging Zimmer Holdings, Inc. of Warsaw, IN, is infringing the following patents issued by the U.S. Patent Office: 6,200,350 and 6,383,225, which relate to proximal femoral prostheses, and Nos. 6,267,785, 6,379,391, 6,398,812, 6,821,300, and 7,229,478 which relate to prosthetic shoulder implants.

This case has been assigned to Judge Joseph Van Bokkelenand Magistrate Judge Christopher A. Nuechterlein in the Northern District of Indiana, and assigned case no. 3:10-cv-00283-JVB-CAN.
Continue reading

By

 

Fort Wayne, Indiana – Trademark lawyers for Sweetwater Sound, Inc. of Fort Wayne, IN, filed a lawsuit alleging J2 Electronics Group, Ltd. d/b/a Audiolines.com of Chicago infringed Trademark Registration No. 3,652,215 for the mark SWEETWATER, as registered with the U.S. Trademark Office in connection with, among other things, audio recording equipment and online retail store services.

Both parties are in the business of selling “audio recording and reproduction equipment, musical instruments and accessories.” The plaintiff asserts in its complaint that the defendant has misappropriated the registered trademark and is using it in connection with the sale of musical recording products and on its Web site.

Continue reading

By

 

Indianapolis, Indiana – Trademark lawyers for Brandt Industries Ltd. of Saskatchewan, Canada, have brought a declaratory judgment action concerning the mark BRANDT, as used in connection with agricultural equipment and the manufacture thereof. The existence of the requisite “actual controversy” is based on the defendant, Pitonyak Machinery Corporation of Carlisle, AR, allegedly previously claiming to the plaintiff that the plaintiff’s use of the mark is infringing.

The mark at issue is not currently registered with the U.S. Trademark Office, but both parties have used the mark for several decades in different geographic areas. The plaintiff cites its prior “common law” rights in the mark, based on its continuous use of the mark in commerce, and requests that the court declare, among other things, that this use is non-infringing.

Continue reading

By

 

Indianapolis, Indiana – Patent infringement lawyers for Eli Lilly and Company of Indianapolis, IN, filed a complaint alleging Actavis Totowa LLC of Little Falls, NJ, and Actavis Elizabeth LLC of Elizabeth, NJ, are infringing Patent No. 5,464,826, titled METHOD OF TREATING TUMORS IN MAMMALS WITH 2′,2′-DIFLUORONUCLEOSIDES and issued by the U.S. Patent Office.

The ‘826 patent covers the drug marketed under the name GEMZAR(R) for the treatment of abnormal masses of tissue known as neoplasms. The complaint states that, in a separate lawsuit, the ‘826 patent was found invalid on grounds of obviousness-type double patenting, but that Lilly has appealed to the Federal Circuit and believes the ruling will be reversed. Lilly also holds approved New Drug Application No. 20-509 for the use of GEMZAR(R) as a treatment for certain types of cancer.
Continue reading

By

 

Indianapolis, Indiana – Trademark lawyers for Allison Transmission, Inc., of Indianapolis, IN, have filed a complaint alleging Harlan Global Manufacturing, LLC, of Kansas City, KS, is infringing various trademarks incorporating the terms ALLISON and ALLISON TRANSMISSION(R) in connection with transmissions, including Trademark Registration Nos. 2,686,798; 2,615,428; 2,625,008; 1,666,977; and 1,624,473 which are registered with the U.S. Trademark Office.

The defendant is an OEM manufacturer of tractors who allegedly is using the ALLISON marks in its advertising despite not having any relationship with plaintiff. The complaint sets forth causes of action for trademark infringement, false designation of origin, counterfeiting, dilution, and unfair competition.
Continue reading

By

 Indianapolis, Indiana – Intellectual property counsel for J & J Sports Productions, Inc. of Campbell, CA, filed a lawsuit alleging Rocio Albarran of Indianapolis, IN, et al. improperly exhibited the June 2008 Diaz-Pacquaio boxing match. The plaintiff claims to hold the rights to distribute the broadcast of the fight and that the defendants “unlawfully intercepted, received and/or de-scrambled” the satellite signal of the broadcast and publicly showed it at the Taqueria El Maguey establishment in Indianapolis. Violations of 47 U.S.C. §§ 553 and 605(a), which prohibit unauthorized reception and use of satellite and cable system transmissions, are asserted.
Continue reading

By

 Indianapolis, Indiana – Patent attorneys for Hill-Rom, Inc. of Batesville, IN, filed suit against Huntleigh Healthcare LLC and Huntleigh Healthcare, Inc., both of Eatontown, NJ, alleging an infringement of the following patents issued by the U.S. Patent Office: Patent No. 7,533,429; Patent No. 7,610,637; Patent No. 6,791,460; and Patent No. 6,208,250. The asserted patents cover bed lifting and positioning technology, and plaintiff claims the defendants are importing, making, using, selling, or offering to sell devices embodying the patented inventions, in violation of the Patent Act.
Continue reading

By

 

Indianapolis, Indiana – Copyright lawyers for Broadcast Music, Inc. (“BMI”) of New York City and various musical copyright holders such as Universal and EMI Virgin Songs have initiated litigation against Bugsy’s Entertainment Group, LLC of Indianapolis, IN. The complaint alleges that the defendants caused the unlicensed performance, at Bugsy’s Sports Grill in Indianapolis, of at least eight musical compositions protected by copyrights registered with the U.S. Copyright Office. The case has been assigned to Senior Judge Larry J. McKinney and Judge Jane E. Magnus-Stinson in the Southern District of Indiana, and assigned case no. 1:10-cv-00721-LJM-JMS.

Continue reading

By

 

Indianapolis, Indiana – Intellectual property attorneys for Masco Corporation of Indiana d/b/a Delta Faucet Company of Indianapolis, IN, have filed a lawsuit alleging Watermark Designs, Ltd.of Brooklyn, NY, has infringed both Patent No. 6,962,168, titled CAPACITIVE TOUCH ON/OFF CONTROL FOR AN AUTOMATIC RESIDENTIAL FAUCET and issued by the U.S. Patent Office, and Trademark Registration No. 3,676,837 for the mark TOUCH20, as registered with the U.S. Trademark Office in connection with plumbing products, namely, faucets.

In its complaint, Delta Faucet asserts that Watermark, without a license or any other authorization, is making, using, selling, or offering for sale, faucets that embody the inventions claimed in the ‘168 patent and marketing those products under a confusingly-similar TOUCH27 mark. With regard to the trademark, the plaintiff also brings causes of action for false designation of origin, false advertising, and unfair competition.
Continue reading

By

 Indianapolis, Indiana – Patent lawyers for ICOR International, Inc., of Indianapolis, IN, have filed a complaint seeking a declaratory judgment against E.I. du Pont De Nemours & Company (“DuPont”) of Wilmington, DE. Specifically, ICOR requests a ruling that it is not infringing Patent No. 6,783,691, titled COMPOSITIONS OF DIFLUOROMETHANE, PENTAFLUOROETHANE, 1,1,1,2-TETRAFLUOROETHANE AND HYDROCARBONS, which has been issued by the U.S. Patent Office and assigned to DuPont.
Continue reading

Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
  • Southern District of Indiana
Paul B. Overhauser
Overhauser Law Offices, LLC
Greenfield
18 E Main St #202
Greenfield, IN 46140
Phone: 317.467.9100
Fax: 866.283.8549
Indianapolis
101 W Ohio St #2000
Indianapolis, IN 46204
Phone: 317.891.1500
Fax: 866.283.8549

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, Overhauser Law Offices, LLC
JUSTIA Law Firm Blog Design