Articles Posted in New Litigation

 Indianapolis, Indiana – Patent lawyers for Alcon Research, Ltd. and Alcon Laboratories, Inc., both of Fort Worth, TX, Alcon Pharmaceuticals, Ltd. of Fribourg, Switzerland, and Kyowa Hakko Kirin Co., Ltd. of Tokyo, Japan, filed a patent infringement suit alleging Sandoz Inc. of Princeton, NJ, has infringed, and will infringe, the following three patents, as issued by the U.S. Patent Office: Patent No. 5,641,805, titled TOPICAL OPHTHALMIC FORMULATIONS FOR TREATING ALLERGIC EYE DISEASES; Patent No. 6,995,186, titled OLOPATADINE FORMULATIONS FOR TOPICAL ADMINISTRATION; and Patent No. 7,402,609, titled OLOPATADINE FORMULATIONS FOR TOPICAL ADMINISTRATION.
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 Evansville, Indiana – Patent attorneys for Berry Plastics Corporation of Evansville, IN, initiated a lawsuit seeking a court declaration that a patent held by Intertape Polymer Corporation of Bradenton, FL, is invalid and unenforceable due to inequitable conduct before the U.S. Patent Office. Namely, the complaint asserts that Patent No. 7,476,416, titled PROCESS FOR PREPARING ADHESIVE USING PLANETARY EXTRUDER, is invalid as, prior to their patent application date, two of the co-inventors saw a similar product displayed at a trade show and had it explained to them in detail, but never disclosed this prior public presentation to the Patent Office.
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 Indianapolis, Indiana – Patent counsel for Polymer Technology Systems, Inc. of Indianapolis, IN, have filed a declaratory judgment lawsuit against Roche Diagnostics Corporation of Indianapolis, IN, seeking a ruling that Roche’s Patent No. 5,366,609, titled Biosensing meter with pluggable memory key, as issued by the U.S. Patent Office, is invalid and not infringed.
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Indianapolis, Indiana – Patent lawyers for Sepro Corporation of Carmel, IN, filed an infringement suit alleging Phoenix Environmental Care, LLC of Valdosta, GA, infringed Patent No. 7,135,435, titled PLANT GROWTH REGULATION COMPOSITIONS AND METHODS USING GIBBERELLIN BIOSYNTHESIS INHIBITOR COMBINATIONS, as issued by the U.S. Patent Office.

The plaintiff makes and sells aquatic and horticultural products, and its ‘435 patent relates to plant growth regulation compositions, while the defendant is a chemical company in the business of marketing fungicides, herbicides, and insecticides. The complaint claims that the defendant has directly infringed the ‘435 patent by marketing an infringing turf growth regulation composition and induced infringement of the patent by directing a university study of the composition.
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 Indianapolis, Indiana – Patent lawyers for Dow AgroSciences LLC of Indianapolis, IN, and The Dow Chemical Company of Midland, MI, have filed a declaratory judgment lawsuit against Cooper Industries, LLC of Houston, TX, and Cooper Power Systems, Inc. of Waukesha, WI of Waukesha, WI, seeking a ruling that several patents, as issued by the U.S. Patent Office, are invalid and/or not infringed, including the following: Patent No. 5,736,915, titled HERMETICALLY SEALED, NON-VENTING ELECTRICAL APPARATUS WITH DIELECTRIC FLUID HAVING DEFINED CHEMICAL COMPOSITION; Patent No. 5,766,517, titled DIELECTRIC FLUID FOR USE IN POWER DISTRIBUTION EQUIPMENT; Patent No. 6,037,537, titled VEGETABLE OIL BASED DIELECTRIC COOLANT; and Patent No. 6,184,459, titled VEGETABLE OIL BASED DIELECTRIC COOLANT.
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South Bend, Indiana – Copyright lawyers for Forest River Housing, Inc. of Elkhart, IN, filed a lawsuit alleging Heartland Recreational Vehicles, LLC , also of Elkhart, infringed the copyrighted work RP-176 FLOORPLAN.

The plaintiff manufactures and sells recreational vehicles to dealers; its asserted work is a travel trailer floor plan, for which an application to register the copyright has been filed with the U.S. Copyright Office. The defendant is a direct competitor alleged to have obtained a copy of the floor plan at issue, incorporated it into their own advertising, and created derivative floor plans based on the plaintiff’s copyrighted plan.
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The following patent, trademark and copyright litigation suits were filed by intellectual property lawyers in Indiana in December, 2009.

Parties

Court

Judge

Type of Lawsuit

Cause of Action

December 21, 2009

Rosco Inc v. Velvac Inc

INND

Springmann

Patent

Patent Infringement

 

SITUS, INC. v. SITUS REALTY CORP.

INSD

Young

Trademark

Trademark Infringement

GONG v. AUTHORHOUSE

INSD

Young

Copyright

Fed. Question

December 17, 2009

WELLPET, LLC v. MIDWESTERN PET FOODS, INC.

INSD

Young

Both

Federal Question

December 16, 2009

ELI LILLY AND COMPANY v. APP PHARMACEUTICALS, LLC et al

INSD

Barker

Patent

Patent Infringement

December 15, 2009

JUST BORN, INC. v. SUR LA TABLE, INC. et al

INSD

Lawrence

Trademark

Trademark Infringement (Lanham Act)

December 11, 2009

COACH, INC. et al v. CELLAXS et al

INSD

Barker

Trademark

Trademark Infringement (Lanham Act)

December 10, 2009

TRILITHIC, INC. v. CABLE LEAKAGE TECHNOLOGIES, INC.

INSD

Barker

Patent

Patent Infringement

December 4, 2009

BATESVILLE SERVICES, INC. v. STAR LEGACY FUNERAL NETWORK, INC.

INSD

Young

None

Federal Question

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