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 Aprimo, Inc., Indiana’s second largest software firm, has agreed to be sold to Teradata Corp., an Atlanta, Georgia data-storage company for $525 million. The closing is projected for the first quarter 2011.

With about 400 employees, Aprimo had revenues of $69 million in 2009, up 32 percent over 2007. Teradata is a public company focusing on analytics and data storage. After acquiring Aprimo, Teradata will be able to offer both Web based services and software programs installed on servers. Many Fortune 500 companies have purchased Aprimo’s software, such as Merrill Lynch, Warner Brothers, International Speedway Corp., and Target.

Paul Overhauser of Overhauser Law Offices, the publisher of this site, incorporated Aprimo (formerly known as Attune) in 1998 on behalf of the founders, William Godfrey and Rob McLaughlin, and provided patent and other intellectual property counsel to Aprimo.

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Indianapolis, IN -The United States District Court for the Southern District of Indiana has released Amendments to its Local Rules of this Court are adopted, effective January 1, 2011. The changes most relevant to patent, trademark and copyright litigation attorneys relate are Local Rule 37.1 – Discovery Disputes; and Local Rule 83.7 – Appearance and Withdrawal of Appearance.

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South Bend, Indiana – Patent lawyers for NIBCO, Inc., of Elkhart, IN, have filed a patent infringement suit alleging ERICO International Corporation of Solon, OH, has infringed the following patents issued by the U.S. Patent Office: Patent Nos. 6,517,030,. 6,953,174, 7,191,987, and. 7,441,730. All four patents have the same title, SWAY BRACE FITTING, which is a device for “bracing pipes and other loads, suspended below ceilings and beams, against sway and seismic disturbances.”

NIBCO.jpgThe plaintiff is a manufacturer of support system products. Citing photographs and an advertisement, the complaint states that the defendant is making, using, selling, offering for sale, or importing sway brace products which infringe these patents. As is usually the case in intellectual property litigation, the plaintiff seeks both damages and injunctive relief.
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Lafayette, IN – Trademark lawyers for Coach, Inc. of New York, NY, and Coach Services, Inc. of Jacksonville, FL filed a trademark infringement suit alleging Diggz Clothing, LLC and Lori Harth of Lafayette, IN infringed various Coach trademark registrations which are registered with the US Trademark Office. Coach had sued Diggz in March 2010, then settled the suit for $6,500, and an agreement to stop selling “Accused Products.” However, the latest suit alleges that Diggz breached the settlement agreement, and re-asserts a variety of trademark, copyright, trade dress and unfair competition related claims.

Coach files many infringement suits, and a list of their earlier suits in Indiana in 2010 is at the end of this posting.
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This is the time of year that Indiana technology companies should ensure they have documentation confirming their R&D expenses.

The tax bill presently under consideration will retroactively grant the Federal Tax credit for 2010 if it passes. The Federal credit is described here: http://www.inc.com/guides/2010/09/how-to-take-advantage-of-the-research-and-development-credit.html. The Indiana R&D Tax credit is described here Continue reading

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Indianapolis, Indiana – Trademark infringement litigation attorneys for Travellers’ Joy, Inc. of Wilmingon, Delaware has filed an infringement suit against Haycco, LLC of California in the Southern District of Indiana.

The complaint alleges infringement of US registration nos. 3,560,502 and 3,718,357, which are for stylized logos of the word TRAVELLER’S JOY for gift registration services. The plaintiff operates the website www.travelersjoy.com and defendant runs http://joyhoneymoon.com. The complaint also alleges trademark dilution and unfair competition.

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 Indianapolis, Indiana – In a case which was transferred from federal court in Connecticut, patent lawyers for GS Cleantech Corporation of New York City have filed a lawsuit alleging Flottweg Separation Technologies, Inc. of Norwalk, CT, and Flottweg AG of Germany are infringing Patent No. 7,601,858, titled METHOD OF PROCESSING ETHANOL BYPRODUCTS AND RELATED SUBSYSTEMS and issued by the U.S. Patent Office.

The complaint notes that a separate lawsuit, filed by ICM, Inc., is pending in federal court in Kansas. The plaintiff in that case requests a declaratory judgment of non-infringement and invalidity of the ‘858 patent.
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Indiana patent attorneys obtained issuance of the following 132 patents from the US Patent Office to persons and businesses in Indiana in November, 2010:

 

PAT. NO.

 

Title

1

D628,306

Microtiter plate

2

D628,291

Surgical retractor

3

D627,994

Furniture base design

4

7,842,917

Method and apparatus for transmission mode ion/ion dissociation

5

7,842,822

Substituted benzopyrans as selective estrogen receptor-beta agonists

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The US Trademark Office issued the following 182 trademark registrations to persons and businesses in Indiana in November, 2010, based on applications filed by Indiana Trademark Attorneys:

Reg. Number Mark Check Status
1 3,875,185 STACKABLES View
2 3,880,041 ZENITH FLEX View
3 3,879,893 DEPENDABILL View
4 3,879,847 OUR SERVICE WILL FLOOR YOU View
5 3,879,722 CELESTHEALTH View
6 3,879,721 JSI View

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Hammond, Indiana – Copyright lawyers for BMI (Broadcast Music, Inc.) of New York City and various musical copyright holders such as Universal and EMI Virgin Songs have filed a copyright infringement lawsuit against the Shenanigans pub in Portage, IN. The complaint alleges that the defendant and its chief officer caused, publicly displayed at least ten musical compositions protected by copyrights registered in the U.S. Copyright Office without obtaining a copyright license.

This case has been assigned to Judge Theresa Springmann and Magistrate Judge Andrew Rodovich in the Northern District of Indiana, and assigned case no. 2:10-cv-00458-TLS-APR.

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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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