Patent Infringement

November 24, 2023

Davaus, LLC Brings Suit Over Alleged Patent Infringement of Agricultural Product

Hoagland, Indiana – A legal filing initiated by Davaus, LLC against S7 IP Holdings, LLC and Shawn Gengerke is a Complaint for Declaratory Judgment. According to the complaint, Davaus seeks legal affirmation that their product, the Kernel Keeper™, does not infringe, is not covered by, and renders invalid the United States Patent No. 9,961,830 claimed by S7, specifically related to S7’s product called the “Harvest Sweep.” S7 alleged that the Kernel Keeper™ infringed on their patent and demanded Davaus cease its production and sale. Davaus states that they responded by explaining how their product differs from the patented claims, but S7 rejected this explanation and reiterated the demand to stop production.

Davaus contends that their product does not infringe upon S7’s patent and requests the court to rule that their product does not violate the patent, and that the patent itself is invalid and unenforceable. This legal action aims to prevent legal repercussions against Davaus based on the patent claimed by S7.

The case has been assigned to Chief Judge Holly A. Brady and Magistrate Judge Susan L. Collins, in the U.S. District Court of Northern Indiana, and assigned Case No. 1:23-cv-00398-HAB-SLC.

November 13, 2023

Delta Faucet Files Patent Infringement Suit

By Overhauser Law Offices, LLC

Indianapolis, Indiana – A lawsuit brought by Plaintiff Delta Faucet Company against Defendant Wenzhou Xin Xin Sanitary Ware Co., Ltd. involves an allegation of patent infringement over United States Patent No. 11,725,369. Court documents state the patent at issue is for a “Vessel Rinsing Apparatus,” that was issued on August 15, 2023.

The Plaintiff claims the Defendant has been manufacturing, using, selling, and importing vessel rinsing apparatuses that are “functionally equivalent [to Delta’s products] and only differ in finish…,” thereby infringing upon Delta’s patent rights. Delta further cites Wenzhou’s use of Amazon to sell the accused products and encourage others to infringe the patent, as well.

The lawsuit details Wenzhou’s alleged deliberate and willful infringement by continuing to sell the accused products even after notice of the patent in question. The Plaintiff is, therefore, seeking a court judgment in favor of Delta in the form of injunctions, damages, and legal fees.

November 10, 2023

Rights to Asphalt Paving Technology at Dispute in Lawsuit Between AarMaz Products Inc, and Rieth-Riley Construction Co.

By Overhauser Law Offices, LLC

Mulberry, Florida – Plaintiff ArrMaz Products Inc. has filed a lawsuit against Rieth-Riley Construction Co., Inc. of Goshen, Indiana, alleging patent infringement related to their asphalt paving technologies covered by U.S. Patents Nos. 7,802,941 and 8,465,843. These patents are associated with ArrMaz’s BondTekk® bonded-paving technology, adopted by multiple states and contractors for creating safer and more durable roads.

The original complaint states that Rieth-Riley Construction is also involved in asphalt paving services and operates in several Midwestern states where asphalt-paving projects are awarded through competitive bidding. In February 2022, the claim states, the Plaintiff notified Rieth-Riley that ArrMaz’s patents covered specific projects awarded to Rieth-Riley by the state of Indiana and offered a license for their use. However, ArrMaz claims that Rieth-Riley expressed an intention to ignore the patents and not obtain the necessary licenses before moving forward with the project.

ArrMaz alleges that Rieth-Riley not only infringed on their patents but also engaged in willful infringement by using and selling the patented technology. Therefore, ArrMaz is seeking a court injunction to prevent Rieth-Riley from using or selling their patented products without the proper licenses. Additionally, they are seeking a monetary award to cover damages, including the costs and expenses of the lawsuit.

November 3, 2023

Preliminary Injunction Denied in Vandor Group, Inc. v. Batesville Casket Company Suit

By Overhauser Law Offices, LLC

Richmond, Indiana – In a recent legal case between Plaintiff, Vandor Group, Inc., and Defendant, Batesville Casket Company, Vandor sought a preliminary injunction against Batesville for alleged patent infringement concerning casket rental inserts. Vandor claimed that Batesville’s actions caused irreparable harm, impacting their expansion plans and profitability.

In its decision-making process, the Court applied Federal Circuit Law, which outlines four factors for determining whether a preliminary injunction is warranted: “(1) the movant’s reasonable likelihood of success on the merits; (2) the irreparable harm the movant will suffer if preliminary relief is not granted; (3) the balance of hardships tipping in its favor; and (4) the adverse impact on the public interest.”

The court primarily focused on irreparable harm and the likelihood of success, noting that irreparable harm is assumed when patent validity and infringement are established. However, the defendant can rebut this presumption by presenting evidence to the contrary. The judge ruled that Vandor’s claims of irreparable harm, based on lost expansion opportunities, potential economic losses, and the pending expiration of patents, were speculative and lacked substantial supporting evidence. Emphasizing that general assertions of economic harm without specific evidence are insufficient to prove irreparable harm, the court dismissed Vandor’s argument about the limited duration of their patents as a basis for irreparable harm, based on established legal precedent.

October 20, 2023

Multiple Patents Allegedly Infringed Upon In Suit between Rogue Fitness and Bells of Steel USA, Inc.

By Overhauser Law Offices, LLC

Columbus, Ohio – Plaintiff Coulter Ventures, LLC, d/b/a Rogue Fitness (“Rogue”) filed suit against Bells of Steel USA Inc., for alleged patent infringement of its fitness products in Bell’s sporting goods stores, including their Indianapolis, Indiana, Bells of Steel USA Showroom.

According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. 11,173,337: “Weightlifting Assembly and Weight Rack Including Weightlifting Assembly”, Patent No. 10,226,661: “Weightlifting Rack Assembly and Wall Mount Bracket for a Weightlifting Rack Assembly,” Patent No. D992,063: “Wall Mounted Exercise Rack,” Patent No. D961,020: “Weight Plate,” and Patent No. RE49,513: “Barbell.” Rogue states that all these patented products are listed on the company’s website for the public to view at any time.

In the suit, the Plaintiff alleges that the Defendant has been purposely advertising, marketing, selling, manufacturing, and distributing products that are infringing on Rogue’s lawfully held patents. Rogue specifically identified 8 of the products Bells advertises as infringing upon the Plaintiff’s patents in their design and/or utility. The Plaintiffs claim that the Defendant relies on “making cheap copies of products and designs created by others and only later dealing with patent infringement.”

October 2, 2023

Teva Pharmaceutical’s Patent Infringement Verdict Against Eli Lilly Overturned

By Overhauser Law Offices, LLC

Massachusetts – Judge Allison Burroughs sided with Eli Lilly in a dispute with Teva Pharmaceuticals, overturning a $176.5 million jury verdict that had previously been awarded to Teva in a patent infringement suit regarding the two companies’ development of drugs with antibodies capable of treating headache disorders associated with calcitonin gene-related peptide (“CGRP”).

According to the original complaint, Teva’s drug (Ajovy) and Lilly’s drug (Emgality) were similar in the ways in which they work, and they were both approved by the FDA only 13 days apart in September 2018. However, Court documents show that Lilly contended that the two antibodies used in the drugs were different and, therefore, no infringement existed.

After a thorough examination of the case, Judge Burroughs agreed that the two drugs were distinct and that Teva’s patents were too expansive. Judge Burroughs stated in her ruling that, “Even viewing the evidence in the light most favorable to the verdict, asserted claims are too broad.” She subsequently overturned the original jury verdict awarded to Teva writing in her ruling that “The Court does not reach this decision nor overturn a jury verdict lightly.”

September 19, 2023

Agricultural Machinery Manufacturing Company (Par-Kan) Sued for Alleged Patent Infringement

By Overhauser Law Offices, LLC

Kalida, Ohio – The Plaintiff, UNVERFERTH MFG. CO., INC., filed suit against Silver Lake, Indiana company, PAR-KAN CO., LLC for patent infringement under U.S. Patent Laws, 35 U.S.C. §§ 271, 281, 283, 284, and 285.

According to the complaint, Unverferth manufactures, uses, and sells seed tender products protected by legally issued U.S. Patent No. 8,967,940 (“the ’940 patent”) and U.S. Patent No. 9,745,123 (“the ’123 patent”). In accordance with statutory marking provision of 35U.S.C. § 287(a), Unverferth has affixed serial numbers to its products to identify the patents used in those products.

The Plaintiff claims that Par-Kan had knowledge of the ‘940 and ‘123 patents because these patents are continuations of U.S. Patent No. 8,221,047, which Unverferth sued Par-Kan over in a similar infringement case in 2013 and had received subpoenas and a cease-and-desist letter, identifying the patents by numbers. It is alleged that the Defendant continues to manufacture, use, and sell products that infringe on the claims of the ‘940 and ‘123 patents, which constitutes willful infringement.

March 21, 2023

AI Developing Software Companies Litigate Over Patent Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Plaintiff, Disintermediation Services, Inc. (DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement.

DSI is a company that develops and sells software that supports omnichannel communications. DSI built implementations of its products on both Amazon Web Services and Microsoft Azure. Since launching their website in 2011, Disintermediation has handled over one million chat messages.

The Defendant, Perq Software, LLC (“Perq”), according to their website, was founded in 2008 by Andy Medley and Scott Hill, two Harvard Business School alumni set out to untangle a big, hairy problem with multifamily. The PERQ platform combines AI leasing assistant automation with powerful website conversion tools.

March 14, 2023

Vandor Group Inc. Files Patent Infringement Lawsuit Against Batesville Casket Company

By Overhauser Law Offices, LLC

Richmond, Indiana –The Plaintiff, Vandor Group, Inc. (“Vandor”) doing business as Starmark Cremation Products, filed suit against Defendant, Batesville Casket Company, Inc. (“Batesville”), for patent infringement.

Vandor was established in 1972 by Bruce Elder in Richmond, Indiana. Vandor began by specializing in custom die-cutting of chipboard and corrugated fiberboard components. Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. According to their website and social media pages, today Starmark manufacturers hundreds of alternative containers and rental inserts daily. They have designed, marketing and manufactured Sensible Solutions for its customers. Starmark prides itself on providing innovative, affordable and high quality products so that their customer can focus on the things that matter most; giving all families the opportunity to lay their loved ones to rest in an affordable yet dignified and respectful manner.

March 8, 2023

“As Seen On TV” Corporation Sues Competitor for Patent Infringement

By Overhauser Law Offices, LLC

Indianapolis, Indiana –The Plaintiff, TeleBrands Corporation, filed suit against Plaintiff, Vieneci Garden, Inc. for patent infringement.

TeleBrands Corporation is a leading direct television marketing company and the original creator of the “As Seen On TV” logo and category of the trade. They are a well-known direct-response marketing company that specializes in developing and promoting innovative consumer products. TeleBrands is currently celebrating 30 years of being in business. Its products can be found in over 70 countries. One of its most successful products is the “Pocket Hose,” an expandable garden hose that is designed to be lightweight, durable, and easy to use. TeleBrands holds several patents related to the design and construction of expandable garden hoses, including US10174870 and US10890278 both titled “Expandable and Contractible Garden Hose.”

Vieneci Garden, Inc. is a competing company that also produces and sells expandable garden hoses that is based out of Franklin, Indiana. According to the Indiana Secretary of State Vieneci was created in August of 2022. Their website touts them to be a preferred gardening tools supplier for a number of garden owners and gardeners.