Indiana Intellectual Property Law News
Indianapolis, Indiana – Indiana patent attorneys for Vandor Corporation d/b/a Starmark Funeral Products of Richmond, Indiana filed a patent-infringement complaint in the Southern District of Indiana alleging that Matthews International Corporation of Pittsburgh, Pennsylvania and Matthews International – Cremation Division of Apopka, Florida (collectively, “Matthews”) infringed Patent No. 8,104,151, entitled “Lightweight Casket Having Foldable Features,” which has been issued by the U.S. Patent and Trademark Office.
Plaintiff Vandor claims ownership of United States Patent No. 8,104,151 (“the ‘151 Patent”). Vandor indicates in this intellectual property complaint that it has sold a cremation-insert product that embodies claims of the ‘151 Patent since at least 2009.
Defendants are accused of the manufacture, use, offer for sale, and/or sale of the “Matthews Cremation Fold-Down Rental Insert,” which Vandor contends directly infringes at least claim 1 of the ‘151 Patent under 35 U.S.C. § 271(a) literally and/or under the doctrine of equivalents.
Plaintiff also claims that Matthews intended to induce patent infringement by others as well as has contributorily infringed the ‘151 Patent under 35 U.S.C. § 271(c) literally and/or under the doctrine of equivalents. Finally, Vandor contends that Matthews been aware that it has been infringing since approximately January 2015. Consequently, Matthews’ alleged infringement has been labeled as “willful and deliberate” by Plaintiff.
The Indiana patent lawyers for Plaintiff ask the Southern District of Indiana to:
• Declare that United States Letters Patent 8,104,151 was duly and legally issued, is valid and is enforceable;
• Enter judgment that Defendants have infringed at least claim 1 of the ‘151 Patent;
• Enter judgment that Defendants have induced infringement of at least claim 1 of the ‘151 Patent;
• Enter judgment that Defendants have contributed to infringement of at least claim 1 of the ‘151 Patent;
• Enter a preliminary and permanent injunction enjoining Defendants and their agents, from any further sales or use of their infringing products and any other infringement of claims of the ‘151 Patent, whether direct or indirect, pursuant to 35 U.S.C. § 283;
• Award damages to compensate Vandor for Defendants’ infringement of the claims of the ‘151 Patent pursuant to 35 U.S.C. § 284;
• Award enhanced damages pursuant to 35 U.S.C. § 284;
• Award pre-judgment and post-judgment interest and costs to Vandor in accordance with 35 U.S.C. § 284; and• Deem this to be an “exceptional” case within the meaning of 35 U.S.C. § 285, entitling Vandor to an award of its reasonable attorney fees, expenses and costs in this action.
The case was assigned to Chief Judge Richard L. Young and Magistrate Judge Tim A. Baker in the Southern District of Indiana and assigned Case No. 1:15-cv-00838-RLY-TAB.