Indiana Intellectual Property Law News
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.
Both parties manufacture and sell refrigerant products, and ICOR claims that the threat of litigation expressed in correspondence from DuPont’s counsel establishes an “actual controversy” sufficient for the court to make a declaratory ruling. ICOR also raises a false marking claim and argues that DuPont is marking products as covered by the ‘691 patent when they are not.
This case has been assigned to Senior Judge Larry J. McKinney and Judge Jane E. Magnus-Stinson in the Southern District of Indiana, and assigned case no. 1:10-cv-00720-LJM-JMS.
Practice Tip: A declaratory judgment action is often filed by a business accused by a patent owner of infringement. The action often allows the accused infringer to obtain jurisdiction in their local district, instead of waiting to be sued for infringement in the court where the patent owner is located.Complaint – Icor v. E.I.Dupont
Further information about this case is as follows:
Filed: June 10, 2010 as 1:2010cv00720 Updated: June 11, 2010 23:45:30
Plaintiff: ICOR INTERNATIONAL, INC.
Defendant: E.I. DUPONT DE NEMOURS & COMPANY
Judge: Larry J. McKinney
Cause Of Action: Declaratory Judgement
Seventh Circuit > Indiana > Southern District Court
Type:Intellectual Property > Patent