Indiana Intellectual Property Law News
Goshen, Indiana – The Plaintiff, Harper Trucks Inc. (“Harper”), based out of Wichita, Kansas, have been in business since 1940. Harper advertises to be the world’s largest manufacturer of hand trucks. Harper Trucks are manufactured in a plant of 40,000 square feet with full robotic and new composite-injection capabilities.
The Defendant, Gleason Industrial Products Inc. (“Gleason’), according to their website, was founded in 1946 and is comprised of three manufacturing divisions throughout three states in the Midwest: Algoma Net Company, Gleason Industrial Products, and Precisions Products. Milwaukee Hand Trucks is the name for products manufactured and sold by Gleason Industrial Products. Milwaukee Hand Trucks are produced in Gleason’s manufacturing facilities in Goshen, Indiana and Lincoln, Illinois.
The United States Patent and Trademark Office issued Patent No. 10,864,933 (“933 Patent”) entitled “Four Position Hand Truck” to Harper on December 15, 2020. The patent generally discloses and claims a multi-position hand truck that permits a user to easily change the orientation of the handle and frame among a number of positions making the hand truck extremely useful to a wide variety of uses.According to the Complaint, Gleason is accused of infringing one or more claims of the 933 Patent by making, using, importing, selling, and/or offering for sale its Model 79441 Multi Position Truck.
Therefore, Plaintiff is seeking damages for Patent Infringement in violation of 35 U.S. C. § 271. Plaintiff is requesting injunctions, treble damages, attorneys’ fees, and the costs and expenses of the suit.
The case was assigned to Judge Damon R. Leichty and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District of Indiana (South Bend Division) and assigned Case No. 3:22-cv-0566-DRL-MGG.