Patent Infringement

July 5, 2018

Indiana Patent Litigation: U.S. District Court Rules in Favor of Eli Lilly in Alitma Patent Infringement Case

Indianapolis, Indiana – Attorneys for Plaintiff, Eli Lilly and Company of Indianapolis, Indiana filed suit in the Southern District of Indiana alleging that Defendants, Dr. Reddy’s Laboratories, LTD. of Hyderabad, Telagana, India, and Dr. Reddy’s Laboratories, Inc,. a New Jersey corporation, infringed its rights in U.S. Patent No. 7,772,209 (“the ‘209 Patent”).

The ‘209 Patent at issue here is a method patent for administering pemetrexed disodium, a chemotherapy drug, with vitamins, the combination of which is marketed as ALITMA® by Lilly. This invention helps to solve the toxicity issue in chemotherapy patients being treated with pemetrexed. The particular regimen of vitamin and folic acid are important for the pretreatment of these patients. As of December 2015, Dr. Reddy’s informed Lilly that it had submitted a FDA New Drug Application for a product that would be marketed as a competing product to ALITMA®.

The first issue the Court had to decide was whether Lilly was barred from asserting the doctrine of equivalents under prosecution history estoppel. The Court held that Lilly had not surrendered the equivalent in question because their decision to use the choice pemetrexed salt was tangential to the reasons for the amendment. The choice to narrow was simply to overcome a rejection in view of a prior art article about a different antifolate, methotrexate.

June 15, 2018

Federal Circuit Court of Appeals Affirms Ruling by Indiana Southern District Declining Award of Attorney Fees

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Stone Basket Innovations, LLC of Austin, Texas, filed a patent infringement lawsuit in the Eastern District of Texas which was transferred to the Southern District of Indiana alleging that Cook Medical, LLC of Bloomington, Indiana, infringed Patent No. 6,551,327 (“‘327 Patent”), Endoscopic Stone Extraction Device with Improved Basket, issued by the US Patent Office.

The initial Complaint for this case was filed on April 8, 2015. Defendant served their invalidity contentions in October 2015 and deposed the ‘327 patent’s inventor in January of 2016. During the deposition, the inventor stated in regards to an addition to overcome an examiner’s rejection, “I realize there is nothing novel about it.” Defendant then petitioned the U.S. Patent and Trademark Office for inter partes review (IPR) of all the claims. The District Court case was stayed pending the outcome of the petition for an IPR based off a joint motion.

After the IPR was instituted in September 2016, Plaintiff offered to license the ‘327 patent to Defendant for $150,000.00. Negotiations fell through and the settlement did not occur. Plaintiff then filed a motion requesting an adverse judgment in the IPR proceeding in December 2016 and moved to dismiss the District Court case with prejudice, both of which were granted.

May 31, 2018

New Jersey Patent Litigation: Warsaw, Indiana Based Biomed Company Awarded $13 Million in Patent Case

By Overhauser Law Offices, LLC

New Jersey – In February of 2005, Attorneys for Plaintiff, Howmedica Osteonics Corp., of Mahwah, New Jersey filed suit in the District Court of New Jersey alleging that Defendants, Zimmer, Inc. of Warsaw, Indiana, Centerpulse Orthopedics, Inc. of Austin, Texas, and Smith & Nephew, Inc. of Memphis, Tennessee infringed its rights in United States Patent No. 6,174,934 (“the ‘934 Patent”) for “Non-oxidizing Polymeric Medical Implant”, United States Patent No. 6,372,814 (“the ‘814 Patent”) for “Non-oxidizing Polymeric Medical Implant”, United States Patent No. 6,664,308 (“the 308 Patent”) for “Non-oxidizing Polymeric Medical Implant”, and United States Patent No. 6,818,020 (“the ‘020 Patent”) for “Non-oxidizing Polymeric Medical Implant”. Plaintiff sought judgment for damages including interest and costs, treble damages, expenses, and attorneys’ fees.

Plaintiff is a corporation that develops, manufactures, and distributes orthopedic products, generally used in hip and knee procedures and other bone replacement procedures. Defendant is a corporation based in Warsaw, Indiana, that also focuses on products for joint and extremity replacements.

May 3, 2018

Indiana Patent Litigation: Texas Home Goods Store Sues Menards Over Cutting Board Patent

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Dexas International, LTD., of Coppel, Texas filed suit in the Southern District of Indiana alleging that Defendant, Menard, Inc., of Eau Claire, Wisconsin infringed its rights in United States Patent No. D563,739 (“the ‘739 Patent”) for “Cutting Board With Snap-In Pop Strainer”. Plaintiff is seeking an injunction, lost profits, pre-judgment and post-judgment interest, attorneys’ fees, and destruction of infringing items.

Plaintiff is a Texas-based corporation specializing in manufacturing kitchen gadgets and pet care items. Defendant is a Wisconsin-based corporation that owns and operates large-scale hardware and home improvement stores across the country.

April 5, 2018

Indiana Patent Litigation: Texas Pharmaceutical Company Sues Indiana-Based Roche

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Blue Sky Networks, LLC of Plano, Texas filed suit in the Southern District of Indiana alleging that Defendant, Roche Diabetes Care, Inc., of Indianapolis, Indiana infringed its rights in United States Patent Nos. 6,484,027, (“the ‘027 Patent”), 6,865,372, (“the ‘372 Patent”), 8,265,691, (“the ‘691 Patent”), 8,346,169, (“the ‘169 Patent”), and 8,792,828 (“the ‘828 Patent”). Plaintiff is seeking judgment, damages, and attorneys’ fees.

According to the complaint, “The Asserted Patents are directed to wireless mobile devices, such as handsets, peripherals, and computing devices, that operate via wireless short-range direct communication with other wireless devices. Such devices may also be enabled for simultaneous operation on a wireless network…and wireless short-range direct communication with other wireless devices.”

February 26, 2018

Indiana Patent Litigation

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Thrush Co., Inc. of Peru, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Wessels Company of Greenwood, Indiana infringed its rights in United States Patent No. 8,177,975 (“the ‘975 Patent”) for “Apparatus for Removing Air and/or Debris from a Flow of Liquid”. Plaintiff is seeking judgment, ascertainable damages, reasonable attorneys’ fees, and injunctive relief.

Plaintiff is an Indiana corporation that owns the rights to the ‘975 Patent. The patent describes a device that filters air and debris out of liquid flowing through a pipe. Plaintiff sells the device throughout the country and Indiana.

January 24, 2018

Indiana Patent Litigation

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Vandor Corporation, of Richmond, Indiana filed suit in the Southern District of Indiana alleging that Defendant, Matthews International Corp., of Pittsburgh, Pennsylvania infringed its rights on United States Patent No. 9,649,240 (“the ‘240 Patent”) titled “Lightweight Casket Having Foldable Sides,” and United States Patent No. 8,375,535 (the ‘535 patent), titled “Lightweight Casket Having Foldable Features.” Plaintiff is seeking judgment, preliminary and permanent injunctions, damages, prejudgment and post judgment interest, and attorney’s fees.

Plaintiff is the owner by assignment of both patents. Both patents describe caskets and cremation containers to be used in cremation and other funeral services. The caskets include sides and edges that fold down. Plaintiff alleges that Defendant sells a product named “Matthews Cremation Fold-Down Rental Insert” that infringes upon claims of both patents.

December 20, 2017

Indiana Patent Litigation: Purdue Trustees Sue Japanese Corporation Over Blood Pressure Monitor Patent

By Overhauser Law Offices, LLC

Lafayette, Indiana – Attorneys for Plaintiff, The Trustees of Purdue University of Lafayette, Indiana filed suit in the Northern District of Indiana alleging that Defendants, Omron Corporation and Omron Healthcare Company, Limited of Japan infringed its rights in United States Patent No. 7,014,611 B1 (“the 611 Patent”) for “Oscillometric Noninvasive Blood Pressure Monitor”. Plaintiff is seeking judgment, compensatory damages, supplemental damages and interest, and such other and further relief and all remedies available at law.

The ‘611 patent describes a small blood pressure monitor to be worn around one’s wrist or other limb. The patented item includes the monitor and a pump to inflate the cuff, among other details. Plaintiff alleges that Defendants have been infringing the patent by offering for sale numerous infringing blood pressure monitors that Plaintiff alleges “embody the apparatuses and practice the methods covered by one or more claims of the ’611 patent.”

November 21, 2017

Indiana Patent Litigation: Eli Lilly and Teva Pharmaceuticals Clash Again over Alimta

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorneys for Plaintiff, Eli Lilly and Company of Indianapolis, Indiana, filed suit in the Southern District of Indiana alleging that Defendants, Actavis LLC of Parsippany, New Jersey; Teva Pharmaceuticals USA of North Wales, Pennsylvania; and Teva Pharmaceutical Industries, Ltd. of Petach Tikva, Israel infringed its rights in United States Patent No. 7,772,209 (“the ’209 patent”) for “Antifolate Combination Therapies”. Plaintiff is seeking injunctive relief, declaratory judgment, and damages including costs and attorneys’ fees.

Eli Lilly and Teva have been involved in numerous patent infringement lawsuits against each other in the past. In April, Eli Lilly sued Teva on a claim of patent infringement of the same drug involved in this case, Alimta. This new complaint is based on a filing by Defendant with the FDA “seeking approval to manufacture and sell its Pemetrexed Injection Concentrate.”

November 10, 2017

Indiana Patent Litigation: Thor Industries Sues The RV Factory Over RV Patents

By Overhauser Law Offices, LLC

Indianapolis, Indiana – Attorney for Plaintiff, Thor Industries, Inc. of Elkhart, Indiana filed suit in the Northern District of Indiana alleging that Defendant, The RV Factory, LLC, also of Elkhart, Indiana infringed on the U.S. Patent Nos. 7,575,251, titled Travel Trailer Having Improved Turning Radius (the ‘251 patent), and 7,938,427, titled Recreational Vehicle Chassis (the ‘427 patent). Plaintiff is seeking judgment in favor of Thor Industries, Inc., damages, and all infringing products be recalled.

Plaintiff is the owner of the patents, which deal with the design and functionality of travel trailers. Specifically, the ‘251 patent deals with an RV chassis having certain types of angled front corners, as opposed to squared corners. The ‘427 patent covers a type of chassis with a curved or bowed front end, instead of a flat or straight front.

According to the complaint, Defendant has been manufacturing and selling RVs with chasses containing the patented design elements. Plaintiff alleges that Defendant’s RV model “Luxe Luxury Fifth Wheel” infringes on the ‘251 patent. Plaintiff also alleges that Defendant’s “Luxe Elite,” “Luxe Gold,” and “Weekend Warrior” models infringe the ‘427 patent by using a curved forward surface.

Plaintiff also claims that Defendant has induced and contributed to infringement by third parties who have bought and used the allegedly infringing RVs.