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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.

8767940-Patent-300x258The 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.

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The U.S. Patent Office issued the following 245 patents to persons and businesses in Indiana in May 2023:

US 11662147 B2 Heat exchange system and method
US 11660952 B2 Energy storage system for electric vehicles
US 11660212 B2 Method and apparatus for implanting a knee prosthesis
US 11660209 B2 Acetabular cup prosthesis alignment system and method
US 11660927 B2 Side-by-side vehicle

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USPTO-Ribbon-Photon-300x169Beginning April 18, 2023, the U.S. Patent and Trademark Office (USPTO) is shifting towards issuing paper waste-reducing electronic patent grants (eGrants) to patent recipients—a new process that delivers the official copy of patent grants in an electronic format. We will provide a bound paper version as a ceremonial copy throughout a limited transition period, and then for a nominal fee thereafter.

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Patent No.  Title
D0926,292 Faucet
D0926,291 Faucet
D0926,144 Contact
D0926,104 Wheel chock
D0926,078 Buckle system
D0926,018 Knob
D0925,933 Banquette
11,074,802 Method and apparatus for automatic event prediction
11,074,674 Imaging noise reduction system and method
11,073,322 Modular heat transfer system
11,073,200 Embedded auxiliary oil system for gearbox protection
11,073,083 Particle separator
11,073,045 Turbine shroud assembly with case captured seal segment carrier
11,073,026 Turbine shroud assembly with multi-piece support for ceramic matrix composite material seal segments
11,072,162 Methods and apparatus for compensating for thermal expansion during additive manufacturing
11,072,096 Apparatuses and methods to mold complex shapes
11,071,831 Dose detection system module for medication delivery device
11,071,819 Valve drive unit with shape memory alloy actuator
11,071,666 Systems, methods, and devices for treatment of sleep disorders
11,071,636 Thoracic aorta stent graft with access region
11,071,535 Vascular anchoring introducer sheath
11,071,521 Internal ultrasound assembly with port for fluid injection
11,071,454 Identification of device location in healthcare facility
11,071,393 Apparatus for adding hospital bed functionality to an at-home bed
D0925,517 Communication console
D0925,306 Mattock tool
11,071,201 Method and apparatus for terminating an electrical cable to an integrated circuit
11,070,943 Systems and methods for identifying parties based on coordinating identifiers
11,070,290 System and method for using a solar cell in wireless communication
11,068,403 Data processing system for prefetching data to buffer entries and operating method of the data processing system
11,067,588 Medical analyte testing system and operating method therefor
11,067,509 Fluorescent microscope
11,067,029 Systems and methods for coupling a cylinder head to a cylinder block
11,067,015 Systems and methods for cylinder deactivation operation in response to route conditions
11,067,014 System and method for reducing engine knock
11,067,006 Gas turbine engine system with synchronization features for gearbox operation
11,066,973 Heating system for a tank header of aftertreatment system and method of heating a tank header
11,066,947 Turbine shroud assembly with sealed pin mounting arrangement
11,066,849 Adjustable decorative lockset rose assembly
11,066,460 Phage display vectors and methods of use
11,066,386 CGRP receptor antagonists
11,066,256 Grain bin powersweep with sump shaft aperture sealing cover plate assembly
11,066,249 Loading table roller brush assembly
11,066,247 Powersweep including gearbox shifter mechanism
11,066,051 Wheel sensors within vehicular brake assemblies
11,065,808 Methods and apparatus for compressing material during additive manufacturing
11,065,391 Automatic injection device with variable dosing
11,065,386 Automatic medication injection device with audible indication of injecting progress
11,065,368 Drug eluting graft constructs and methods
11,065,216 Compositions and methods for regulating body weight and metabolic syndromes
11,065,130 Expandable spinal implant system and method of using same
11,065,123 Compression resistant implants including an oxysterol and methods of use
11,065,103 Method and apparatus for fixation of an ACL graft
11,065,065 Spinal implant system and methods of use
11,064,987 Volumetric grafts for treatment of fistulae and related methods and systems
11,064,822 Snap together frame
RE048,635 ERK inhibitors
D0925,160 Cremation urn
D0925,032 Component for a drug delivery device
D0925,014 Handshower holder
D0925,008 Faucet handle
D0925,007 Faucet
D0924,983 Children’s ride-on vehicle
11,063,445 Multi-cell battery management device
11,062,707 Voice recognition for patient care environment
11,062,541 Automated architectural specification generation and hardware identification
11,061,482 Force sensitive input devices and methods
11,061,035 Charged mass labeling system
11,060,998 Nonlinear mass sensors based on electronic feedback
11,060,978 Methods of determining an analyte concentration in a body fluid sample having disturbance variables, as well as computer programs and devices therefor
11,060,959 Systems and methods for analyzing an analyte extracted from a sample using an adsorbent material
11,060,939 Diagnosing cylinder pressure sensor gain and offset
11,060,578 Conical spring washer, transmission system, and method of assembly thereof
11,060,468 Engine intake air system including CAC bypass and separate bypass heater, and high-efficiency spark-ignited direct injection liquid propane engine architectures including same
11,060,451 Fuel injector cleaning system, fluid, and method
11,060,434 Reductant injection in exhaust manifold
11,060,004 Adhesives and methods of making the same
11,059,504 Technologies for caddy assemblies
11,059,416 Electrochromic adaptive driving beam system and method
11,059,413 Retractable room actuation assembly for recreational vehicle
11,059,369 Diesel exhaust fluid tank venting system
11,059,359 Tonneau cover tie-down assembly
11,059,259 Composite core with reinforced plastic strips and method thereof
11,059,227 Print head for additive manufacturing
11,058,976 Valve-sensor assembly
11,058,805 Compositions and devices incorporating water-insoluble therapeutic agents and methods of the use thereof
11,058,554 Hard bearing inserter rings
11,058,495 Surgical system having assisted optical navigation with dual projection system
11,058,464 Interspinous process fixation devices, systems, instruments and methods of assembly and use
11,058,368 Distributed healthcare communication system
11,058,108 Stable high strength oil-in-water emulsions
11,058,092 Animal crate with swing or drop door
11,058,089 Soybean variety 5PVSQ69
11,058,055 Airflow for an agricultural harvesting combine
D0924,441 Beam
D0924,392 Component of a drug delivery device
D0924,391 Component for a drug delivery device
D0924,378 Non-return device valve member
D0924,371 Faucet
D0924,370 Faucet
D0924,366 Faucet
D0924,365 Faucet body
D0924,364 Faucet
D0924,358 Faucet sprayhead
D0924,170 Electrical connector
D0924,169 Electrical connector
D0924,035 Knob
D0923,965 Towel bar
11,057,722 Hearing aid for people having asymmetric hearing loss
11,057,240 Method and process for securing an executable image
11,056,838 Transceiver receptacle with EMI cage and bezel clips that provide high shielding effectiveness
11,056,329 ESI-MS via an electrokinetically pumped interface
11,055,386 Controlling user access to a medical system
11,054,318 System for nondestructive residual stress profiling using inductive sensing
11,054,114 Illuminating, spinning device
11,054,039 Seal runner support
11,053,962 Method and apparatus of plasma flow control for drag reduction
11,053,881 Hierarchical engine control systems and methods
11,053,830 Mixer for NOx sensor
11,053,828 Separately determining firing density and pumping density during firing density transitions for a lean-burn internal combustion engine
11,053,817 Turbine shroud assembly with ceramic matrix composite blade track segments and full hoop carrier
11,053,806 Brazed blade track for a gas turbine engine
11,053,801 Gas turbine engine composite vane assembly and method for making the same
11,053,646 Helicopter and VTOL aircraft landing pad information sheet
11,053,578 Removing coatings from ceramic matrix composite substrates
11,053,544 Corn event DAS-59122-7 and methods for detection thereof
11,053,511 Production of DHA and other LC PUFAs in plants
11,053,290 Modified Tamm-Horsfall protein and related compositions and methods of use
11,053,214 Compositions and methods related to pyridinoylpiperidine 5-HT.sub.1F agonists
11,053,003 Cyclorotor thrust control, transmission and mounting system
11,052,878 Manually-operable hydraulic stabilizing system
11,052,192 Disposable inserter and reusable inserter for accommodating a disposable inserter
11,052,153 Highly branched alpha-D-glucans
11,052,009 Device for adjustably supporting portions of a patient for surgery
11,052,008 Surgical frame and method for use thereof facilitating patient transfer
11,051,961 Deployment handle with stabilizing rail for a pre-loaded prosthesis delivery device
11,051,899 Surgical draping system and method
11,051,865 Fixation of bone implants
11,051,859 Spinal correction system and method
11,051,854 Spinal implant system and method
11,051,770 Patient positioning support structure

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The U.S. Trademark Office issued the following 132  trademark registrations to persons and businesses in Indiana in February 2021 based on applications filed by Indiana trademark attorneys:

Reg. Number Word Mark
1 6261981 HOPE-FULL LIVING
2 6277718 CZ ZEROCARB LYFE
3 6277112 FIRST CLASS LIFE
4 6276978 MARKETTREND
5 6276678 XSOFT

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Blog-Photo-300x286Indianapolis, Indiana – Apparently, Larry Philpot is a well-known photographer of musicians and concerts across the United States. Mr. Philpot has also filed numerous copyright infringement lawsuits over recent years. According to the Complaint, Mr. Philpot took a photograph of Ted Nugent and registered it with the U.S. Copyright Office under Registration No. VAu 1-164-624 (the “Photo”).

Mr. Philpot claims Odyssey Media Group, Inc. (“Odyssey”), the Defendant, used the Photo on its website without his permission or authorization in connection with an article titled “36 ‘Celebrities’ That Openly Support Trump.” Per the Complaint, Odyssey did not attempt to license the Photo for use, copying, publication, or display. Due to the alleged copyright infringement, Mr. Philpot is seeking actual compensatory damages, the disgorgement of profits, or statutory damages pursuant to 17 U.S.C. § 504 and his costs and attorneys’ fees pursuant to 17 U.S.C. § 505.

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Indianapolis, Indiana – Apparently, ADESA, Inc. and its wholly owned subsidiary Autoniq, LLC, the Plaintiffs, are in the business of remarketing vehicles through the internet and at auction. ADESA claims to be the owner of U.S. Trademark Registration Nos. 1,783,137, 2,504,410, and 2,930,226 (the “ADESA Marks”). Autoniq claims to own U.S. Trademark Registration No. 4,502,642 (the “Autoniq Mark”).

According to the Complaint, Laser Appraiser, LLC, the Defendant, is in the business of providing used car dealership management software to wholesalers and dealerships via a mobile and desktop application. ADESA claims Laser Appraiser previously licensed the use of certain data (“Run Lists”), marks, and logos from ADESA pursuant to a License Agreement. The License Agreement was apparently terminated on or about December 31, 2018. However, ADESA claims Laser Appraiser continued to display current Run Lists it either misappropriated or illegitimately procured from third parties. When ADESA discovered this use, it claims it requested for Laser Appraiser to remove the allegedly infringing marks and Run Lists from its website.

Autoniq claims Laser Appraiser purchased online keyword search advertisements on Google that resulted in sponsored ads that used the Autoniq Mark without Autoniq’s permission. It further claims that Laser Appraiser posted a comparison post on its webpage between the two companies that contained allegedly false statements. Therefore, Autoniq sent a cease and desist letter to Laser Appraiser for its alleged use of the Autoniq Mark.

Plaintiffs are seeking damages for federal trademark infringement, unfair competition, false designation of origin, and false advertising under the Lanham Act (15 U.S.C. §§ 1117 and 1125). Further, Plaintiffs are claiming Laser Appraiser committed common law unfair competition and violated Indiana’s Crime Victim’s Relief Act (I.C. § 35-24-3-1 et seq.).

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The U.S. Patent Office issued the following 245 patent registrations to persons and businesses in Indiana in June 2020, based on applications filed by Indiana patent attorneys:

Overhauser Law Offices, the publisher of this site, assists with US and foreign patent searches, patent applications and assists with enforcing patents via infringement litigation and licensing.

Patent No. Title
RE048069 Fire-fighting monitor with remote control
D0888670 Cable connectors
D0888611 Buckle cover
D0888536 Compact electronic lock
   10,698,429 Electronic user interface for electronic mixing of water for residential faucets
   10,697,701 Method and apparatus to prevent electronic device screen damage

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The U.S. Trademark Office issued the following 159 trademark registrations to persons and businesses in Indiana in June 2020 based on applications filed by Indiana trademark attorneys:

Overhauser Law Offices the publisher of this site, assists with US and foreign trademark searches, trademark applications and assists with enforcing trademarks via infringement litigation and licensing.

Reg. Number Word Mark
6079502 VERA BRADLEY
6074510 SOLARBAG
6081975 DRAKE’S CARWASH
6087506 GROUND FREIGHT SOLUTIONS
6085844 GO WITH EXPERIENCE. GO WITH GERLING.
6085713 CALZBONE

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The U.S. Patent Office issued the following 180 patent registrations to persons and businesses in Indiana in May 2020, based on applications filed by Indiana patent attorneys:

Overhauser Law Offices, the publisher of this site, assists with US and foreign patent searches, patent applications and assists with enforcing patents via infringement litigation and licensing.

Patent No. Title
1 RE048006 Base for an automatic injection device
2 PP031799 Buddleia plant named `PODARASNGA3` lindleyana)
3 PP031798 Buddleia plant named `PODARASNGA2` lindleyana)
4 PP031790 Shrub rose plant named `WEKchedowahor`
5 D0885578 Spinal implant
6 D0885512 Target media holder
7 D0885397 Computer mouse docking station
8 D0885111 Food warmer
9 10667439 Discrete power component assembly
10 10667110 System and method for using an electronic lock with a smartphone

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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

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