Articles Posted in Patent Infringement

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 Indianapolis, Indiana – A multidistrict litigation panel has consolidated eleven patent infringement lawsuits with the case pending beforeSenior Judge Larry J. McKinneyand Magistrate Judge Debra McVicker Lynchin theSouthern District of Indiana. The cases, filed byGreenshift Corp.involve Patent No.7,601,858, titled METHOD OF PROCESSING ETHANOL BYPRODUCTS AND RELATED SUBSYSTEMS and issued by the U.S. Patent Office. The transfer order found that Indianapolis was a “readily accessible district near many of the alleged direct infringers … which are scattered throughout the Midwest.” The case no. is 1:2010cv08003.
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Evansville, Indiana – Patent lawyers for SOP Services, Inc., of Las Vegas, NV, and Bear Archery, Inc. of Evansville, IN, have filed a lawsuit against Precision Shooting Equipment, Inc. of Tuscon, AZ. The suit alleges infringement of two patents issued by the U.S. Patent Office: Patent No. 5,749,351, titled COMPOUND ARCHERY BOW; and Patent No. 5,921,227, also titled COMPOUND ARCHERY BOW. SOP Services is the assignee of these two patents, and Bear Archery is the exclusive licensee.

The complaint claims that the defendant is manufacturing, using, selling, and offering to sell compound bows having an infringing “past parallel limb” design and cites the defendant’s product guide as well as photographs. Plaintiffs also request a declaratory judgment that the defendant’s U.S. Patent No. 7,699,045 is invalid and not infringed.
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Indianapolis, Indiana – Patent attorneys for Eli Lilly and Company of Indianapolis, IN, have initiated litigation alleging Sandoz, Inc. of Princeton, NJ, is infringing Patent No. 5,464,826, as issued by the U.S. Patent Officeand titled METHOD OF TREATING TUMORS IN MAMMALS WITH 2′,2′-DIFLUORONUCLEOSIDES.

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.


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 Indianapolis, Indiana – Jill Wimberly, et al. of Indianapolis, IN, have filed, pro se (on their own behalf, rather than being represented by a lawyer), a lawsuit alleging that numerous large corporations, as well as the U.S. Patent Office, violated their “civil rights” in misappropriating the plaintiffs’ intellectual property. In particular, the plaintiffs claim to have designed a type of adult underwear for those experiencing incontinence which allegedly resembles products marketed by Procter & Gamble and Kimberly-Clark.
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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.
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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.
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 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.
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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.
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 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.
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Evansville, Indiana – Patent lawyers for SOP Services, Inc. of Las Vegas, NV and Bear Archery, Inc. of Evansville, IN, filed a patent infringement suit alleging Marshall J. Lund d/b/a Signature Bow of Peshtigo, WI, infringed the following patents issued by the U.S. Patent Office: Patent No. 5,368,006, titled DUAL-FEED SINGLE-CAM COMPOUND BOW; Patent No. 5,791,322, titled DUAL-FEED SINGLE-CAM COMPOUND BOW; Patent No. 5,890,480, titled DUAL-FEED SINGLE-CAM COMPOUND BOW; and Patent No. RE 39,880, titled DUAL-FEED SINGLE-CAM COMPOUND BOW.

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Contact Information
Indiana Intellectual Property: IP Litigation, Patents, Trademarks, Copyrights
  • Seventh Circuit
  • Northern District of Indiana
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Paul B. Overhauser
Overhauser Law Offices, LLC
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Greenfield, IN 46140
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